marstons bailiffs

[bobbennit]

I have a letter from marstons saying they have a magistrates court order for taverling on rail way with out paying fare dated 05/05/10 of £1.277.30 I was unemployed untill 6 months ago I had letters befor and a vist from marstons from when I was in a young persons hostle in 2012 l was told to pay £200 a month but. My jsa was only £260 so I just ignored them I moved to my new home a year ago and and recived the letter a month ago I want to pay it but no in one go how do I go about getting in touch with them or magistrates court to make a payment plan I am in about £2000i n detp with I'm pay of

[labman]

Re: marstons bailiffs

If you read the link below, it sets out the procedure for Mag Ct fines very clearly. Equally it tells you what to do if you can't afford to pay:

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

You need to write to the Fines Officer asking for a Means Enquiry Hearing, and actually turn up at the court every day asking for one as well. They are under no obligation to give you one, so you need to push the matter.

It is highly unlikely without a Means Enquiry Hearing you will be given a chance to pay in installments as you have avoided paying the fine for so long. The next step (assuming one of the letters is a Further Steps Notice) would be the issuing of a warrant for your arrest, so it is very much in your own interests to try to get this sorted out. :beagle:

[Sir Vere Brayne d'Emmidge]

Re: marstons bailiffs

Hello Bobbennit and welcome.

As you were aware of the fine from your previous address, and you decided to ignore it, I would suggest you did not go down the Statutory Declaration route as it might bite you in the backside by the bulldog called Perjury.

All warrants issue to bailiffs have a statutory life of 1year and one day.

Unless you have a car which is worth, at auction at least £ 1,000 more than the value of the warrant you should be OK, also, unless you live in a Mansion with lavish furnishing, big TVs, Xboxes and Play Stations galore it is very unlikely that the bailiff is going to take your stuff because, being realistic, they wuold need to confiscate between 5 and 10 times the value (new price) of household items.

Having said this, the fine is never going to go away until you pay it, and contrary to popular belief, if you are arrested for non payment of Magistrates Court fines, after you spend a few months at one of Her Majesties Facilities, when you come out you still owe the original amount.

Under schedule 4a of the Magistrates Court act 1980 the bailiff can use a locksmith to enter your premises, and that is an added cost (around £120.00 VAT inclusive); so if your car is not a Ferrari and your home is furnished Feng-Shuy way, when the bailiff comes to visit invite them in, explain that you can only afford £XX per month, and hopefully you will be able to clear this debt by the end of the warrant life.

Worth remembering that most bailiffs (if not all) are not interested in taking your goods away, except for cars (which are easy picking) but rather have the money.

One sneaky bit of advice for all who receive letters from bailiffs and have a nice motor which is paid for....get a small loan from from Logbook loans, say £500 over 24 months, and "Robert is your mother's brother" they can not touch that because it's on finance.

All the above to help you, but my final advice is: if you can afford it pay it!

[labman]

Re: marstons bailiffs

Hello Bobbennit and welcome.

As you were aware of the fine from your previous address, and you decided to ignore it, I would suggest you did not go down the Statutory Declaration route as it might bite you in the backside by the bulldog called Perjury.

All warrants issue to bailiffs have a statutory life of 1year and one day.

I think a Distress Warrant lasts 180 days doesn't it? :beagle:

[Sir Vere Brayne d'Emmidge]

Re: marstons bailiffs

I think a Distress Warrant lasts 180 days doesn't it? :beagle:

It is good practice to try to serve and have the warrant paid within 180 days, but the "shelf life" of a warrant allocated to a bailiff is one year and one day from the date the Court allocates it, of course if the defaulter is moving around a lot, and they need to be located at different addresses, then extensions can be applied for. But sometimes it's a lot better to return the warrant to the Court explaining that the defendant is Gone Away No Trace, GANT for short in jargon, and let the Court try to find them again (if the defendants NI number is known it's quite easy) then the Court will re-issue the warrant with 12 months and a day on it.

[labman]

Re: marstons bailiffs

It is good practice to try to serve and have the warrant paid within 180 days, but the "shelf life" of a warrant allocated to a bailiff is one year and one day from the date the Court allocates it, of course if the defaulter is moving around a lot, and they need to be located at different addresses, then extensions can be applied for. But sometimes it's a lot better to return the warrant to the Court explaining that the defendant is Gone Away No Trace, GANT for short in jargon, and let the Court try to find them again (if the defendants NI number is known it's quite easy) then the Court will re-issue the warrant with 12 months and a day on it.

Sir V,

As you get to know me, you'll learn I'm a pedantic, fussy old git!

I like to see everything in black and white with my own eyes - do you have a link to an authoritative source where this is said. I was reading around this early this morning, and found reference to exactly one year, and another to 180 days, both from reliable sources.

Any help clarifying a confused Labman's mind much appreciated! :beagle:

[Sir Vere Brayne d'Emmidge]

Re: marstons bailiffs

Sir V,

As you get to know me, you'll learn I'm a pedantic, fussy old git!

I like to see everything in black and white with my own eyes - do you have a link to an authoritative source where this is said. I was reading around this early this morning, and found reference to exactly one year, and another to 180 days, both from reliable sources.

Any help clarifying a confused Labman's mind much appreciated! :beagle:

For warrant of execution see here:

http://www.justice.gov.uk/courts/pro...ccr/ccrorder26

Interesting fact from HMRC:

http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm660640.htm

[wales01man]

Re: marstons bailiffs

Does a Bailiff have to pay a fee to the court before getting the warrant? if so would explain why they threaten so often if they have not paid there is no warrant and they are abusing the court process?

[ploddertom]

Re: marstons bailiffs

Does a Bailiff have to pay a fee to the court before getting the warrant? if so would explain why they threaten so often if they have not paid there is no warrant and they are abusing the court process?

No

PT

[labman]

Re: marstons bailiffs

Excellent - thank you! I believe in your second link that the 'hearing' can often take place via telephone from outside a debtors house, unless I getting mixed up (which is perfectly possible! )

[Sir Vere Brayne d'Emmidge]

Re: marstons bailiffs

Excellent - thank you! I believe in your second link that the 'hearing' can often take place via telephone from outside a debtors house, unless I getting mixed up (which is perfectly possible! )

The debtor is issued with a further summons to appear in Court, the hearing is held in Court.

Unfortunaly many debtors ignore the first summons, and most of those who receive the second hearing do not take the opportunity to put their case forward, even if to discuss a payment plan via PayPoint card.....thus the heartache and all the stress that a bailiff (even the very good ones) causes.