Help marstons charged £403

[shaz]

Re: Help marstons charged £403

On the first visit I was left the "post card" (MARS 1)with amounts jotted on the back (MARS 3)
The distress warrant (mars 2) was given to me this morning but is dated 23.01.2013.
(MARS 4) was the confirmation of my payment direct to the court.
The reason I paid to the court was I read on the forum if pay direct to the court then the Marston cant execute the warrant for there OWN charges,which they did this morning with FORCE ENTRY.
I have recorded most of the incident from this morning .

Re: Help marstons charged £403

Taken from www.bailiffadviceonline.co.uk with thanks.

Can the bailiff force entry into my home?


If the bailiff is pursuing you for an unpaid fine of a criminal nature…then the answer unfortunately is... yes. However, this is more of a threat and during the past year it would appear that bailiffs forced entry into a property to enforce a Distress Warrant on less that 10 occasions.


The right for bailiffs acting on behalf of the Magistrates Court the power to “enter and search any premises” for the purpose of executing a Warrant of Distress was granted under Paragraph 3 of Schedule 4A of the Magistrates Courts Act 2004. This provision was also then inserted into the Domestic Violence, Crime and Victims Act 2004.


The right to force entry however only applies to the collection of unpaid fines which are criminal matters.


It is important to note that these rules do not apply to the collection of unpaid council tax, business rates, unpaid parking and congestion charge notices, CSA arrears etc. The rules only apply to unpaid fines administered in the Magistrates Court.

[shaz]

Re: Help marstons charged £403

HI
These are all the communications I have had with the Marston Group/Mr Kendall.please have a look at each document,sorry i didnt upload in date order.
Any advise is welcome.
many thanks

[gravytrain]

Re: Help marstons charged £403

No it isn'nt no such provision exists, and even if it did how would anyone benifit from it.

In 2007 an analyses if the practices of bailiff activity was conducted following the release of the "secret guide" much of it was redacted this was acquired under a FOI request .

This is an analyses by a leading authority on bailiff law, nothing has changed since.

" I turn now to the blacked out sections in the ‘secret’ Guidance. I suspect they explain how a bailiff might force entry. If I was a gambler, I'd bet the latter contains really obvious guidance - like, it's better to break a window than demolish a wall; it's better to use a locksmith than a battering ram. And what I'd bet it doesn't say is anything at all about a bailiff getting permission to force entry: in other words, he does it on his own initiative.

[bluebottle]

Re: Help marstons charged £403

It is probably written into the contract between HMCTS and Marstons. I am in the process of requesting a copy of the contract from the MoJ as a FOIA request.

[gravytrain]

Re: Help marstons charged £403

Hi
just been to Burnley court to see Enforcement Manager but was refused to see him,no reasons given but my questions were writen down and put forward.
after 2hours i get a phone call from the court confirming...
The court had received my payment.
It was not rejected as claimed by Mr Kendall
The payment was kept by the court and Marstons advised but no payment from court was sent to Marsden as claimed by Mr Kendall.
The court didnt answer my last question which was...
Has the court issued a warrant for force entry?, the reply was first that Marsden have to apply for a warrant but then I was yold they dont require a warrant for force entry as MAGISTRATES DISTRESS WSRRANT gives the right to FORCE entry to Marstons!?.
in other words the court have washed there hands off clean.
I still believe Marston required a warrant for Force entry which took place this morning.

I have looked everywhere for something that says a bailiff under theses circumstances(with a warrant) must apply to the court for additional permission to force entry, could someone point me to it.

[bluebottle]

Re: Help marstons charged £403

Hi
just been to Burnley court to see Enforcement Manager but was refused to see him,no reasons given but my questions were writen down and put forward.
after 2hours i get a phone call from the court confirming...
The court had received my payment.
It was not rejected as claimed by Mr Kendall
The payment was kept by the court and Marstons advised but no payment from court was sent to Marsden as claimed by Mr Kendall.
The court didnt answer my last question which was...
Has the court issued a warrant for force entry?, the reply was first that Marsden have to apply for a warrant but then I was yold they dont require a warrant for force entry as MAGISTRATES DISTRESS WARRANT gives the right to FORCE entry to Marstons!?.
in other words the court have washed there hands off clean.
I still believe Marston required a warrant for Force entry which took place this morning.

They need written authorisation from the court in order to force entry and they must be able to show that the defendant has persistently failed or refused to pay the fine before such authorisation can be given. They are not allowed to force entry nilly-willy as and when they feel like it. It sounds very much to me that HMCTS has realised Marstons have fouled-up badly and are trying to distance themselves by feeding you a load of waffle. All they are doing is digging an even bigger hole for themselves and Marstons.

[bluebottle]

Re: Help marstons charged £403

If you are posting up the document, please don't forget to remove your personal details first. It would be VERY interesting to see what they were relying on.

If it's what I think it is, it is probably not worth the paper it is printed on.

Re: Help marstons charged £403

If you are posting up the document, please don't forget to remove your personal details first. It would be VERY interesting to see what they were relying on.

[shaz]

Re: Help marstons charged £403

I think you are right the Distress warrant left this morning is a letter head ftom Marston dated 23.01.13.
i will try yo post s picture of these today later and perhaps I can get further advice then.

[ploddertom]

Re: Help marstons charged £403

It would be of interest for you to ask to see a copy of the Warrant Marston have. From what I have seen of these lately they are knocked up on their own letter heading with no Court Stamp, date of issue or signature.

[shaz]

Re: Help marstons charged £403

Hi
just been to Burnley court to see Enforcement Manager but was refused to see him,no reasons given but my questions were writen down and put forward.
after 2hours i get a phone call from the court confirming...
The court had received my payment.
It was not rejected as claimed by Mr Kendall
The payment was kept by the court and Marstons advised but no payment from court was sent to Marsden as claimed by Mr Kendall.
The court didnt answer my last question which was...
Has the court issued a warrant for force entry?, the reply was first that Marsden have to apply for a warrant but then I was yold they dont require a warrant for force entry as MAGISTRATES DISTRESS WSRRANT gives the right to FORCE entry to Marstons!?.
in other words the court have washed there hands off clean.
I still believe Marston required a warrant for Force entry which took place this morning.

[ploddertom]

Re: Help marstons charged £403

another interesting twist,Mr Kendall told me this morning that the payment I made to the court for the amount of £195.00 was REJECTED and returned to MARSTONS, I have just phoned the court and confirmed with them that they have received my payment of £195.00 and its cleared, and I have been advised YES they have received my payment and its with the COURT and NOT Marstons.
The whole incident was recorded this morning on my phone which inc Mr Kendall saying he is here to collect the court fine(which already has been paid).

Please note that with fines the monies collected are to be paid towards the fine first and any remainder can then be put to any fees.

[bluebottle]

Re: Help marstons charged £403

Thank you, Shaz. You will need to see the Enforcement Manager, not the Court Manager, when you go to Burnley Magistrates Court. The Enforcement Manager is the person who is responsible for sending out warrants to Marstons and ensuring they don't overstep the mark, or are supposed to ensure they don't overstep the mark. You should also not discount the fact that Mr Kendall and Marstons may have lied to the Enforcement Manager. If this does prove to be the case, the matter may need to be taken further.

[shaz]

Re: Help marstons charged £403

thank you Bluebottle
I will be visiting Burnley Magistrates court today to see the manager as it was issued from Burnley not Colne to see if they authorized Marstons and or Mr Kendall for force entry in to my house.
I have only had one visit from Mr kendall prior to this morning which was on 25.01.2013 and the fine was paid well before this on 17.12.2012 and I have also been in contact with Marstons as well,so I wasn't persistently avoiding paying the fine.
I will update again later this afternoon once I have been to see the court manager.
Thank you for your advise.