Court didnt receive my letter so issued magistrates distress warrant to gain access

[toobusy]

Hello, just came across this website after trying to find help for a bailiff matter.

I had a court fine going back 4yrs ago, was paying it off in installments then my business closed so have been on benefits for last 2yrs, the courts then took money out of benefits to pay fine. Since then I done a coarse at college training in a different field, now 3 months back i started my new business and benefits stopped as no need for them as can start supporting myself again.

I was told need to advise court and water/ electric company to make suitable payment plan as they were taking money directly from my benefits, sent letters off. Then 3 weeks back got a letter from marstons saying courts have issued them a warrant to seize goods and they have a schedule 4a of domestic violence, crime and victims act to enable us to enter property by force, using locksmiths where required.

Called them u and the lady said cant do nothing no arrangment just full payment is required £2000, tried to explain cant pay it at once but not interested bailiff will be around to discuss this and gain access.

Now today bailiff comes bashing on door saying his coming back with locksmith and police to gain access & seize goods as ive been avoid paying the fine and are refusing to let him access into my rented flat. Then luckily he drives off after 15minutes to local tesco and I call him, says he is not interested and just wants full payment or will come and gain access later today. Then I jumped in my car which he didn't know was mine as several from other tenants where left outside, and drove off, called him again to discuss payment plan was told same thing not interested and he hungup.

The business ive started in ltd company and he said will try and find where I store/ operate from and seize all of them goods which will leave me back to unemployment as ive invested everything I have into new business.

Ive been to citizen advice but they said cant do nothing, rang up courts said they cant do nothing as its not there fault letter was not received and they've issued the distress warrant which never ever gets revoked. They said i can only deal with marstons end of and have to let them into my flat.

What rights do i have? as it seems its up to Marstons what ever they decide is there choice.

[toobusy]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

any advice would b very much appreciated

thanks

[teaboy2]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

For a Start all goods used in the business are company assets, so they are owned by the company not you. As the company is not subject to the warrant the bailiff would be commiting theft and criminal damage if he forced access to company property and took company goods.

As your in shared accommodation we need to know if you share the flat of if each tenants have their own flat/room.

You need to call the court that issued the warrant and explain to them what happened.

[toobusy]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

hello, I explained this to the bailiff they said doesn't make a difference if they find the address where the goods are stored for my business will remove them, but will make them aware of the company being ltd which he already knows, as i saw it written on his notepad through window.

I drive to my local court after going to citizen advice bureau straight away they didnt want to know, asked to speak to a clerk or if it can go to explain to the magistrates, didnt want to know and said marstons have to deal with you as they issued the order and can never be stopped for 9 months.

The flat im renting is only occupied by myself no one else, there are other people in the block of flats around 25 of them hence why he couldnt figure out which car was mine

Im now putting in writing want to make payments and sending it recorded delivery but can they still do as they please? And do u know why the courts just dont want to know or deal with the matter? I have been making regular payment since the fine on time every month when i was working increased the amounts and when unemployed they were reduced.

thanks for the advice

[teaboy2]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

Well bailiffs issues are not really my area of law, so others will have to advise you of what options are open to you regarding the bailiff.

But i do know that he can not take property that belongs to a limited company as a limited company is a legal entity in its own right, just like you as a person are a legal entity. Any taking of company goods is a crime where the limited company is the victim, as its the company's property. Any debts that the company incur are debts that the company itself is liable for and not the owner or directors (unless they are a gaurantor).

So no he can not take any action against the company and if i was you i would remind him of his legal obligations and that if he took action against the limited company he would be doing so illegally as the company is a legal entity in its own right and is not named on the warrant. Therefore if he took action against the company, it would be no different to him breaking in to the wrong house and removing goods from the wrong house. Remind him that he risks losing his certification to be a bailiff if he commits any offence against the limited company as well as criminal prosecution.

[toobusy]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

well thanks for the company advice i to thought similar will put it in writing to them, but im just shocked the courts dont want to know at all anything i say to bailiff will be in writing so they cant say i have refused to pay or are avoiding to make payment,s which is what he kept on saying this morning

[ploddertom]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

Before Marstons turned up did you receive a Further Steps Notice from the Court - as far as I am aware this is a legal requirement. Have you moved since the fine was given?

[toobusy]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

Before Marstons turned up did you receive a Further Steps Notice from the Court - as far as I am aware this is a legal requirement. Have you moved since the fine was given?

hello, no received 1 letter from the court but I had already sent the letter to the court week after i started new business, problem is that it was now i've realised cambs court who sent this but sent the letter to peterborough court as they were last place went when asking to reduce the payments after lost my last job.

Went to citizen advice they advised go to peterbrough court which did this morning and was told they cant do nothing, rang up bailiff whilst at court to try and ask for instalments and he just said you know what were going to do (force entry by locksmith & police) unless full payment is made and just hungup

so now i wrote them a letter explaining my circumstances and offer of payment and posted recorded delivery so they cant say didnt receive just like he said they have no record of phone call i made when first got letter from them

[gemspan]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

If your flat is furnished too they can't just take furniture. Store your tv and any electrical equipment somewhere else while this is going on...and park your car a few streets away. They have to leave you something to sit on, sleep on and utensils with which to live. They can take anything that is surplus to your immediate living requirements. Get that stuff out tonight if you can.

[toobusy]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

If your flat is furnished too they can't just take furniture. Store your tv and any electrical equipment somewhere else while this is going on...and park your car a few streets away. They have to leave you something to sit on, sleep on and utensils with which to live. They can take anything that is surplus to your immediate living requirements. Get that stuff out tonight if you can.

i dont have much as it is, the tv is dated, all the furniture & washing machine is landlords everything is on my laptop, could he seize my mobile phone? and does he have rights to go through my paperwork once in the flat?

i'ii be going back there late tonight and will be staying at a friends until this matter is resolved, the last thing i want is forced entry as i am prepared to pay, i think the last resort is to packup business and go back on benefits then will be back to normal payment plan, which is the worst but i cant afford to lose my car or laptop as these r essential to business

im expecting t go back there tonight with them forcing entry as he was insisting that was what he was going to do today

[gemspan]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

They can only take them if they know you have them. Its terrible that people are treated this way. Something similar happened to me when I came off JSA and started working. Suddenly the payment plans stopped and I was told to pay immediately. They arrested my wages. I started work in September and they arrested my wages in December. It's criminal. I'm in Scotland though so its kind of different here. I got in touch with my local councillor, MP and MSP...to get it sorted. It worked! Perhaps contacting your MP and explaining to them what's happening may help. Get them to come to your flat when the Bailiff is calling! Just an idea but they can help in situations like this...especially as nobody else appears to be helping you.

[toobusy]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

well they cant get my income as self employed and most of my sales are cash payments as customers collect the goods, but im willing to make double payments compared to jsa payments and increase as business picks up over next few months seems they're not interested, they know ive got a car but not which one, will swop cars over with my friend, do u know if transfer car into my brothers name they can still cease it?

Defo will ask local councillor 2morrow but if the courts are not interested cant see what powers he/ she will have

[gemspan]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

It's amazing what doors these people can open....especially MPs...which is the person I would contact...not your councillor. The MP will call the Bailliffs and Court on your behalf.... This is bullying at its very worst. It's very sad.

[toobusy]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

Do u know how to find out who my MP is for the area?

thanks

[ploddertom]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

As with all Magistrates Fines there is a risk of forced entry, however that is targetted at those who persistently refuse to pay but they do try to use it as a lever. The other thing they have obviously forgotten to tell you is that there is an agreement with HMCTS that instalments can be accepted over a 6 month period. The reason he wants it all now is because he doesn't get paid until towards the end.