Threatening phone calls from Marston bailiffs

[M786]

Re: Threatening phone calls from Marston bailiffs

Nope no updates yet, haven't heard from him but I guess he'll probably pop round some time this week as he's probably been dreaming about that nice commission he'll recieve if he manages to get £300 from me lol

[M786]

Re: Threatening phone calls from Marston bailiffs

Lol I read on some website he cannot use a distress warrant in order to recover his own fees, only the debt owed to HMCS which has been all paid and cleared.

[labman]

Re: Threatening phone calls from Marston bailiffs

Lol I read on some website he cannot use a distress warrant in order to recover his own fees, only the debt owed to HMCS which has been all paid and cleared.

See Post 9! Sadly those websites are wrong, and they run the risk of causing more serious problems for debtors.

[M786]

Re: Threatening phone calls from Marston bailiffs

Unfortunately you are correct. I've spoken to magistrates court and they told me the bailiff can use the distress warrant that was originally issued to him to recover their £90, to recover his fees even though the £90 debt was paid off. I also got a call from him saying if he doesn't get his money by tomorrow, then Thursday he's breaking in the house lol so I guess I'll be waiting for him on Thursday and see what he does

[labman]

Re: Threatening phone calls from Marston bailiffs

He'd be very foolish to break in. Could you answer Ploddertom's questiions from post 12 please - it could save you £300! :beagle:

[Amethyst]

Re: Threatening phone calls from Marston bailiffs

Just to throw something in the mix - it is regarding council tax as opposed to magistrate fines but I wonder if it does work in the same manner - I realise HMCS have said the fee is clear but it may be more complex. Just came across it looking whether to FOI re stat demands (unrelatedly) so sorry if this gives you a pile more research.

(4) Where a step is taken for the recovery of an outstanding sum
which is or forms part of an amount in respect of which a liability
order has been made and under which additional costs or charges with
respect to the step are also recoverable in accordance with this
Part, any sum recovered thereby which is less than the aggregate of
the amount outstanding and such additional costs and charges shall be
treated as discharging first the costs and charges, the balance (if
any) being applied towards the discharge of the outstanding sum.

Section 4 clearly states costs and charges should be paid first. As such
any payment made to the Council will be utilised to clear the Bailiff
Fees first, thus allowing action to continue for the balance of the debt
remaining which is classified as Council Tax.

from https://www.whatdotheyknow.com/reque...#comment-24836 (there is more dicsussion on it)

[M786]

Re: Threatening phone calls from Marston bailiffs

Well as far as I know I didn't recieve any warning letters prior to the debt being passed on to Marstons. However tomorrow I will be ringing HMCS up about this and ask them to prove to me if they really sent me a warning letter or not.
and he's saying he will bring a locksmith with him and enter my property even if I'm not home.

[M786]

Re: Threatening phone calls from Marston bailiffs

Thanks for the link
Here's a link I've found and not sure whether to believe it's true or not.
http://www.dealingwithbailiffs.co.uk...s-Warrants.htm

[labman]

Re: Threatening phone calls from Marston bailiffs

@Amethyst - that's spot on for CT debts, but it doesn't work in the same way for Magistrates' Court Debts. The collection of fees for MCt debts, in particular the £300 comprising £85 admin and £215 attendance is very complex, which is why sites such as the one above don't understand them. They simplify it too much. If you want to know HOW the £300 is collectable for a MCt fine, let me know and I'll refer you to a really good read.

[charitynjw]

Re: Threatening phone calls from Marston bailiffs

What I was aking for previously is because if the Court have not followed procedure correctly then the Warrant must be withdrawn. No doubt if you ask the Court will tell you the Further Steps Notice was sent but you must then ask to which address it was sent and do they have proof it was put into the postal system - after all anyone can have a letter sitting on their computer but doesn't mean it was ever sent.

Hi ploddertom,

What standard of proof of postage is required?
Would it suffice to show the court that that they always send it appropriately; therefore this one case, in the balance of probabilities, would not be exception?

[labman]

Re: Threatening phone calls from Marston bailiffs

If it was us, all that is required is proof of postage. I don't know if the same applies to them. :beagle:

[ploddertom]

Re: Threatening phone calls from Marston bailiffs

Hi ploddertom,

What standard of proof of postage is required?
Would it suffice to show the court that that they always send it appropriately; therefore this one case, in the balance of probabilities, would not be exception?

Minimum is a Certificate of Posting at the point it enters the postal chain - usually when you hand a letter over the counter at a PO. For bulk posters it is usually a book that says x number of items were posted but not normally identified individually. Remember that if the boot is on the other foot then you have to provide proof - what is good for the gander etc.

[Sir Vere Brayne d'Emmidge]

Re: Threatening phone calls from Marston bailiffs

What I was aking for previously is because if the Court have not followed procedure correctly then the Warrant must be withdrawn. No doubt if you ask the Court will tell you the Further Steps Notice was sent but you must then ask to which address it was sent and do they have proof it was put into the postal system - after all anyone can have a letter sitting on their computer but doesn't mean it was ever sent.

The OP broke a payment arrangement with Court, there is no need for the Court to issue a Further Steps Notice, because on the letter from the Court agreeing to a payment plan the further steps are listed at the bottom of such letter....unfortunately most defaulters do not read the whole thing!