bailiffs at Christmas! Help please!?

[labman]

Re: bailiffs at Christmas! Help please!?

@ MissFM - Sorry, but your advice below is totally incorrect. I understand you are only trying your best to help which is great. Sadly though, the police will take no interest whatsoever and say it is a civil matter. Technically, the bailiffs could break in, but they won't. The OP only needs a solicitor to sign a Stat Dec. A solicitor is unlikely to get involved beyond this, and a 30 minute free advice session would be futile.

I'm not having a go - I genuinely appreciate your efforts to help, but possibly best to stick to the advice in the site's agreed Bailiff Guide. :santa_smiley:

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

@ Sparkle - Firstly, PLEASE don't worry or panic!

Letter 2 in the link below gives an example of a Statutory Declaration:

http://www.legalbeagles.info/forums/...Useful-Letters

The bailiffs won't force entry, so don't worry. While technically they have the power, in reality, they'd need to go back to the court to get a warrant to do so.

Please follow the advice in the link I've posted, this will protect you from the bailiffs, along with the Statutory Declaration. The procedure for a Magistrates' Court is set in law, and outlined clearly in the link.

Accept they won't do anything this side of Christmas and in the highly unlikely event they turn up tomorrow, don't let them in. After Christmas, sen Letter 1 from the link above, recorded delivery to Marstons. This will explain their version of the £1300 which will be incorrect.

If you have received no correspondence re the fine, the link in Post 5 tells you what to do, and is LB's agreed line to take with bailiffs.

[bluebottle]

Re: bailiffs at Christmas! Help please!?

The two HMCTS officials I have named will be based at a court building. You will need to speak to the switchboard at the court that imposed the fine and ask for the direct telephone number and name of the Area HMCTS Enforcement Manager for that court. The switchboard should also be able to provide you with the name and telephone number of the HMCTS Regional Contracts Manager for your area.

The most Marston are allowed to charge is £300, £85 administration fee and £215 attendance fee.

We still need to know what you mean by "court order".

[ploddertom]

Re: bailiffs at Christmas! Help please!?

A question not answered yet which may have a bearing on matters - have you moved since the Alleged Offence?

[MissFM]

Re: bailiffs at Christmas! Help please!?

I am so sorry Labman and thank you so much for jumping in and putting me right.

As you say I was only trying to help Sparkle and at the mo Sparkle can't do anything much to follow your advice until after the "festive season", though it is correct and sound advice - she is scared about the bailiffs appearing over Xmas.... In the short term, Sparkle needs to have a happy Christmas with her children - ie stave these people off if they appear tomorrow.

It IS worth saying that, even tho it's not technically their remit, the police have, in the past, been incredibly kind and helpful to our family over non-criminal matters (family member's complete meltdown) - in fact they have been the only people who have actually helped in a practical and sympathetc way when social services and the NHS haven't given a fig, just a finger. My advice to Sparkle was purely based on the idea that sometimes human values will override social. procedural and legal rules (ie it was advice based on my personal experience).

Sometimes it may be worth trying to locate a human being within the "system" to short circuit
the "correct" legal solution which takes too long and is too late? (eg the operation was a success but the patient died)

Any way, all strength to your elbow Sparkle, you are now in good hands!

FM

[labman]

Re: bailiffs at Christmas! Help please!?

No need to apologise whatsoever. :santa_smiley: We're always grateful for contributions. It's lovely to see you taking the interest.

Have a Happy Christmas! :santa_smiley::santa_cheesy::santa_smiley:

[Inca]

Re: bailiffs at Christmas! Help please!?

My sole contributions are only 'hang in there' or 'don't panic',,I openly admit I hide behind the folks who know what they are talking about re laws etc,but I'm slowly learning.
Have a great Xmas MissFM xxxxxxxxxxxxxxxxx:bedjump:

[MissFM]

Re: bailiffs at Christmas! Help please!?

My sole contributions are only 'hang in there' or 'don't panic',,I openly admit I hide behind the folks who know what they are talking about re laws etc,but I'm slowly learning.
Have a great Xmas MissFM xxxxxxxxxxxxxxxxx:bedjump:

Thanks Inca - you too - have a wonderful Christmas. and at least Sparkle now knows what not to do thanks to the big guns!:carolsx

[sparkle99]

Re: bailiffs at Christmas! Help please!?

just to update, i contacted the bailiff that came round and thankfully he has agreed to a repayment plan, Thank God! Thanks for all your help guys and a happy new year to u all. xx