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bailiffs at Christmas! Help please!?

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  • bailiffs at Christmas! Help please!?

    I have received a removal notice from Marston, I got it yesterday! I did not know about this debt until last week and when i have tried to contact them i can't get through. It's for an unpaid TV liceense fine, however the last thing I had was a court order, I have had nothing since, i never knew I had been fined, I've had no warning letters nothing until this week and now I'm panicking as I cannot afford it. I have no money to offer them in any way and no where is open at this time for me to get any advice! CAB is shut until new year and the courts are too, I'm terrified that they are going to turn up any day now to take my stuff and its not my stuff! what can i do, i'm desperate and don't know what to do. If anyone can help i'd really appreciate it. I truly did not know about the fine at all.
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  • #2
    Re: bailiffs at Christmas! Help please!?

    Hi and ,,first of all,,don't panic,,don't answer the door to them and DON'T phone them,keep everything in writing.Someone will be along to help you furthur but it's a bit quiet today with Xmas coming up.

    Comment


    • #3
      Re: bailiffs at Christmas! Help please!?

      Firstly, Marstons cannot remove goods unless they have a valid levy and they cannot remove goods that belong to a third party or third parties. The Removal Notice is designed to intimidate debtors into paying.

      A few questions first -

      1. Did you receive a court summons?
      2. Did you receive notification of the time, date and venue of the hearing?
      3. Did you receive a notice telling you how much you have been fined and at what rate you have to pay it?
      4. Have you received a Further Steps Notice (a letter telling you to bring your fine account up to date)?
      5. Have you changed address in the intervening period?

      Once we have answers to these questions, things should become clearer.
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #4
        Re: bailiffs at Christmas! Help please!?

        ​Yay!! Thanks BB,,was hoping someone with great knowledge would rock up xxx

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        • #5
          Re: bailiffs at Christmas! Help please!?

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

          Have a read and come back with ny questions.

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          • #6
            Re: bailiffs at Christmas! Help please!?

            ​And 2 pop up

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            • #7
              Re: bailiffs at Christmas! Help please!?

              hello no i havent received any of those things other than the original court order some months ago. i didnt even know i had a fine. dont know what i can do about it now though. whar if they come tomorrow, christmas eve, i have no way in paying and no where is open to get advice.

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              • #8
                Re: bailiffs at Christmas! Help please!?

                As with the two lots of bailiffs you were dealing with in October, do not let them in. Once things reopen, follow the advice in the link in post 5.

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                • #9
                  Re: bailiffs at Christmas! Help please!?

                  Dear Sparkle - what an awful situation but you must stand firm and keep cool. I can't help you, I'm so sorry, as I have no expertise in this matter but from what I have seen certain expert Beagles never rest and will help you when you need them.

                  Do be confident that the people threatening you do not have the powers they pretend to have and that there will be people who DO know what they're talking about on this forum to help you when you need them even tho it's Christmas. My advice FWIW is: do practise saying a clear "NO" along with telling them something along the lines of "you must go through the proper channels, what you are doing is unlawful. Please make an appointment to come back when my solicitor can be present". If they ask you how to make an appointment, say that it must be in writing.

                  Try to be polite however rude they are!

                  Ask for their names, personal contact details and evidence of their authority (put through letterbox as you are not prepared to open the door) Perhaps tell them you need to phone to check their credentials and then you phone the local police station (get the number now, give your local community officer a ring and tell him/her your fears - he/she will want to help you - don't be shy - he/she is employed to protect you)

                  Make a show of writing things down - tell them that they are personally responsible for their present unlawful behaviour (they should by now have scarpered - bet they won't give you ID through the letterbox - but they should) Call the police (inc.999) if you feel bullied or threatened in any way - particularly (immediately) if they do somehow gain entrance to your home

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                  • #10
                    Re: bailiffs at Christmas! Help please!?

                    Thank you for your kind words. I'm really in despair now as I've heard that they can force entry for a court fine, my children are here and obviously it will be horrible for them to see that anyway nevermind on Christmas eve! I did have some debts in October and managed to come to an arrangement with the collection agency but I'm really worried about this one as I can't even afford to offer them a token amount and i didn't even know about the fine. Last I knew I had a letter about a court hearing for not having a Tv licence, that was months ago. i have had nothing until now. surely that can't be right? I didn't even get the chance to make a payment as I dont know how much the initial fine was. Its now £1300!

                    Comment


                    • #11
                      Re: bailiffs at Christmas! Help please!?

                      Originally posted by sparkle99 View Post
                      Thank you for your kind words. I'm really in despair now as I've heard that they can force entry for a court fine, my children are here and obviously it will be horrible for them to see that anyway nevermind on Christmas eve! I did have some debts in October and managed to come to an arrangement with the collection agency but I'm really worried about this one as I can't even afford to offer them a token amount and i didn't even know about the fine. Last I knew I had a letter about a court hearing for not having a Tv licence, that was months ago. i have had nothing until now. surely that can't be right? I didn't even get the chance to make a payment as I dont know how much the initial fine was. Its now £1300!
                      They can only force entry in cases of persistent non-payment of fines and they need written authorisation from the court. And the onus is on the bailiff.

                      Could you please post how much Marston are trying to extort from you? Also, could you please clarify what you mean when you say "court order"? By the sound of it, you may have to contact the Area HMCTS Enforcement Manager, HMCTS Regional Contracts Manager and, also, swear a Statutory Declaration with regard to the court/TVL not complying with the Criminal Procedures Rules 2011.
                      Life is a journey on which we all travel, sometimes together, but never alone.

                      Comment


                      • #12
                        Re: bailiffs at Christmas! Help please!?

                        They want £1300, i don't even know how much of that is the fine or how much they have added on in charges etc. I have worked out so far that it has come from Bexley magistrates court and is for not having a TV licence. I now have one that I pay for by direct debit.

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                        • #13
                          Re: bailiffs at Christmas! Help please!?

                          Don't despair Sparkle - you just have to present a strong, confident front until you know what you are accused of and where you really stand.

                          Basically you need to get through Christmas and have a happy time with your children and tackle this carp afterwards

                          No-one is entitled to break into your home, take your property etc unless you have been convicted of a serious criminal offence. You would know if this were the case.

                          IMO you need to get a solicitor as soon as (you are clearly entitled to legal aid so money will not be an issue) but in the meantime I really do urge you to confide in the local police - they are human and will see you as such, particularly if you ask for their help.

                          You can also pop into the office of any solicitor who does legal aid and get 1/2 hour free advice on the "green form" (I believe this still applies but could be wrong) and from thereon, if you choose to take things further, you will have to provide further proof of income or lack thereof. However, would strongly suggest you look on the www.lawsociety.org.uk website "find a solicitor" section for a firm that deals in your problem, is in your area, and does legal aid.

                          I'm sure someone will come along very soon with more powerful and informed advice

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                          • #14
                            Re: bailiffs at Christmas! Help please!?

                            Bluebottle how do I contact the people you have suggested please?

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                            • #15
                              Re: bailiffs at Christmas! Help please!?

                              See - Bluebottle on the case! You couldn't ask for better. (sorry Bb your post crossed with my less helpful but well-meaning one one)

                              Comment

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