Urgent help regarding Marstons....

[martyb82]

Re: Urgent help regarding Marstons....

I dont recall ever recieving a further steps notice, as i have moved around a bit maybe it got sent to an old address!! does that still count as recieving notification?

[ploddertom]

Re: Urgent help regarding Marstons....

better PT?

Many thanks for that Puff, us old 'uns have difficulty reading solid blocks of text. Much appreciated.

[Hurricane Puffrose]

Re: Urgent help regarding Marstons....

Yvw PT

if it helps get the right info, I'm glad to help

[ploddertom]

Re: Urgent help regarding Marstons....

Now I have had a read I would ask him if & when he calls to be able to see a copy of the Warrant which he has - there may be a chance it has expired, in particular make a note of the precise address. The "van is on its way" is a favourite trick of the Bailiff as the belief that your goods may disappear off in to the blue yonder sets a panic in. The reality is that he has to gain peaceful entry first, he just cannot force entry to your home. He may well say he is getting a locksmith and goes off to make a loud phone call which you can overhear - the chances are he has rung the Speaking Clock instead.

Whilst Magistrates Court Fines do confer a power of forced entry he does need permission to do this and it is aimed at the persistent offender who treats this sort of thing as a joke. Going back to your original fine, did you go to Court to contest it? As for having moved since you could try speaking to the Court Manager or Fines Officer and explain as you moved a lot you lost all the details - not saying they will but you don't know til you try.

Otherwise you may have to just sit it out until such time as it is returned to Court & you are summonsed to appear to explain why you have not paid.

[martyb82]

Re: Urgent help regarding Marstons....

My understanding is that if its past 180 days it has expired, is that correct? i have seen a warrant of distress from him that does have my name etc on on it, should it have the issuing date? i will try and ring the court and explain that i have never received anything from them, i have never contested anything to do with the fine, will it get returned to court providing he does not gain peacefull entry? we have 2 dogs who are in and out the back door all the time so its kinda hard to ensure its always locked as they use the garden sometimes for there needs, but they both bark at the slightest sound and one of them is as big as me when he stands up, maybe that be enough deterant to stop the bailiff jumping the only fence we have!

[bluebottle]

Re: Urgent help regarding Marstons....

You need to put up a sign making it clear there are dogs on the premises. Something like, for example "German Shepherd Dogs Live Here" is sufficient. If the bailiff is then stupid enough to try and climb the wall and the dogs take a chunk out of his backside, he cannot claim he was not warned. Also, a court would rule that, having been warned, he accepted the risk that dogs were present on the property, i.e. he acted recklessly.

[labman]

Re: Urgent help regarding Marstons....

Have a read of this. Magistrates' Fines are actually comparatively straightforward in that there is a defined route to follow which is explained below. For the sake of other posters reading who wanted to help, please always look at the Bailiffs' Guide as it usually contains the answer, and gives reassurance to the OP

http://www.legalbeagles.info/forums/...s-Courts-Fines

[bluebottle]

Re: Urgent help regarding Marstons....

Have a read of this. Magistrates' Fines are actually comparatively straightforward in that there is a defined route to follow which is explained below. For the sake of other posters reading who wanted to help, please always look at the Bailiffs' Guide as it usually contains the answer, and gives reassurance to the OP

http://www.legalbeagles.info/forums/...s-Courts-Fines

Thank you for that, Labman. The link needs a minor update as bailiffs cannot force entry without written authorisation from the court.

[labman]

Re: Urgent help regarding Marstons....

Thank you for that, Labman. The link needs a minor update as bailiffs cannot force entry without written authorisation from the court.

This was taken from a CAB Briefing Document:

This problem has been further complicated by the implementation of Section 27 and Schedule 4A of the Domestic Violence, Crime and Victims Act 2004, which, since 18 July 2005, have allowed bailiffs to force entry in connection with unpaid magistrates’ courts fines. Bureaux have reported that some bailiffs’ firms have claimed that this power extends to other debts, including council tax arrears. This is not the case.

While I agree written authorisation is needed, it is not overstating facts in the guide that they can force entry, and people need to be aware of that. I believe, without checking every word there, it says it is rare for bailiffs to be granted this power as well. I will check and thanks for raising it.

[martyb82]

Re: Urgent help regarding Marstons....

Thanks for all your responses people, sorry about the late reply but i have just managed to take myself out of the house for an hour for the first time all weekend, will ring the courts in the morning and keep everyone posted on the outcome of any dealings i have with them or the bailiffs.

[bluebottle]

Re: Urgent help regarding Marstons....

This was taken from a CAB Briefing Document:

This problem has been further complicated by the implementation of Section 27 and Schedule 4A of the Domestic Violence, Crime and Victims Act 2004, which, since 18 July 2005, have allowed bailiffs to force entry in connection with unpaid magistrates’ courts fines. Bureaux have reported that some bailiffs’ firms have claimed that this power extends to other debts, including council tax arrears. This is not the case.

While I agree written authorisation is needed, it is not overstating facts in the guide that they can force entry, and people need to be aware of that. I believe, without checking every word there, it says it is rare for bailiffs to be granted this power as well. I will check and thanks for raising it.

When I spoke to an HMCTS Enforcement Manager last week, they told me that the forced entry provision should only be used sparingly and, then, only where there was justification. However, when I related a case where Marstons were actively preventing an OP from paying and then claiming he is avoiding paying the fine, in writing (Hence why I call them the Muppets from Marstons or the Morons from Marstons), he was not impressed. Anything of that nature should be referred to HMCTS Enforcement Managers immediately, as should violent behaviour on the part of bailiffs and the sending of intimidating text messages to debtors.

[martyb82]

Re: Urgent help regarding Marstons....

Hey everyone, so i have just got off the phone to the fines enforcement team, they have advised me that a distress warrent is valid for up to 240 days and it can be extended, is this true? my warrant was issued on the 26th March 2012 making it 189 Days old. Also they kept telling me that i have to deal with the bailiff company myself and that they also sent me a Further steps notice on the 12th March (which i never got). So yet again im Window watching not knowing whats gonna happen today. Any advice would be really gratfull.

[Hurricane Puffrose]

Re: Urgent help regarding Marstons....

come away from the window.

If you are making payments on the automated line, they have to accept them, the bailiff cannot force his way in unless he has a warrant. Just keep telling him to post the levy through the door and come away. then ring up the court again and keep paying the fine to the court. write to the baillif office advising him you know the fees to be excessive.

I would suggest that you contact the court again and say you are aware they are liable for the behaviour or their agents and the fees are excessive.

The good guys are online too, they can advise you better than i can hun.

STOP WORRYING, come away from the window and relax. Make a cuppa and blast the neighbours out with music.

[bluebottle]

Re: Urgent help regarding Marstons....

Hey everyone, so i have just got off the phone to the fines enforcement team, they have advised me that a distress warrent is valid for up to 240 days and it can be extended, is this true? my warrant was issued on the 26th March 2012 making it 189 Days old. Also they kept telling me that i have to deal with the bailiff company myself and that they also sent me a Further steps notice on the 12th March (which i never got). So yet again im Window watching not knowing whats gonna happen today. Any advice would be really gratfull.

Did you speak to an office clerk or the Enforcement Manager? If you speak to the office clerks, they tend to read from a pre-rehearsed script which has one line - You have to deal with the bailiff. The HMCTS Enforcement Managers, on the other hand, monitor the behaviour of court bailiffs, CEOs and the likes of Marston Group bailiffs. They are there to stop any behaviour that will come back and bite HMCTS on the backside. If they are not doing their job, then the matter should be pursued at a higher level within HMCTS.

[martyb82]

Re: Urgent help regarding Marstons....

I cant make any payment at the moment until i get paid, if i leave the house and there is no one in at all, are they allowed to enter the property? I know i should calm down abit but its very hard to actually be prepared all the time for them. I may just have a few beers to help relax me, i know its not the solution but god it will help