distress warrant

[karen971]

Somebody please help me! I had bailiffs from Marstons banging on my door at 8 o'clock this morning, shouting through the letter box that they had a distress warrant, that it was going to be enforced today with a locksmith and it was being filmed. I was scared to death and stayed in my bedroom until they left. I am a single mother of two and I have clinical depression and acute anxiety disorder as a result of being in a violent marriage for 23 years. only thing I can think that this warrant is for is for not having a tv licence. I remember getting a summons a while ago for it but i was in a deep depression at the time and ignored it. Wrong I know but I can't help it. I have since forgotten all about it until this morning. I am scared to death. They want £610 which I don't have! I am currently surviving on just tax credits and child benefit whilst I wait for a claim for income support because of my illness. I was getting incapacity benefit for 7 years until the government changed the benefit system. I have tried to take my own life on a number of occasions and have to go into hospital for treatment frequently. Is there anything I can do please???

[karen971]

Re: distress warrant

please somebody! I don't know what to do!

[wales01man]

Re: distress warrant

Don't despair someone will be on to help

[karen971]

Re: distress warrant

I am so scared. I am completely on my own. I live in a safe house and have no contact with anyone except for my children. I have phoned the court and they said it is out of their hands. I pleaded with them to let me go in and see the magistrates but they said I have to deal with Marstons.

[MissFM]

Re: distress warrant

Hi Karen and a warm welcome to Legal Beagles

Don't panic! - I know it's easily said but help will be along shortly. In the meantime, if you haven't already, have a read of the Dealing with Bailiffs Guide . http://www.legalbeagles.info/forums/...The-First-Time

Is there anyone who could come and be with you for a while - a CPN or caseworker for example? Someone cool and calm who has your well-being at heart?

Everyone here is rooting for you but only a few have the level of knowledge to be of practical use.

It might help if you post up any further details you can remember about your situation as the more info the more accurate the advice can be.

Meanwhile, hang on in there - make yourself a cup of tea, take some deep breaths and remember help is at hand!

[FlamingParrot]

Re: distress warrant

Don't panic! You may want to take a look at this thread, which also relates to Marstons threatening locksmiths: http://www.legalbeagles.info/forums/...ksmith+bailiff

In particular the following posts:

No locksmith is going risk a criminal record by assisting a bailiff to break into homes,
http://www.legislation.gov.uk/ukpga/1968/60/section/25

...and Ive never come across a magistrate giving permission for a bailiff to break in to a home. Its only given to police for drug raids and crime detection etc.

As far as I am aware, a locksmith can only assist in effecting an entry where a court has authorised this or in the case of Environmental Health Officers enforcing noise pollution legislation (people with hi-fis blaring out and keeping the neighbourhood awake all hours) or evictions.

Magistrates have to authorise forcible entry to premises by way of a warrant where the police intend to search a premises for something like drugs. Only in certain circumstances may police make a forcible entry without a Magistrates' warrant.

From what I have read about Marstons, they seem to have little respect for the law or the rights of those they have dealings with.

Please check with the Magistrates' Court involved to check whether they have authorised a forced entry. If not, report the bailiff to the police under Section 3, Criminal Damage Act 1971 (Threats to Cause Criminal Damage) and show the card to the police. That is evidence. As stated by Happy Contrails, no locksmith is going to risk a criminal record, let alone a court appearance or being arrested, assisting a bailiff to make a forced entry of dubious legality. Continue with the complaint against the bailiff for possible misrepresentation of authority. If you have not already done so, consider making a formal complaint to the Ministry of Justice (MoJ) about Marstons' activities and that of their bailiffs. Only by letting the MoJ know what's going on will they be able to take action and, ultimately, close down bailiff companies who cross the line.

[karen971]

Re: distress warrant

my children and I were moved here by social services and the domestic violence team to escape my ex husband. It is in a very remote location and has a panic room and alarms on every window. It has been my safe haven and I felt secure here until this morning.

[karen971]

Re: distress warrant

my children and I were moved here by social services and the domestic violence team to escape my ex husband. It is in a very remote location and has a panic room and alarms on every window. It has been my safe haven and I felt secure here until this morning. Thank you Flaming Parrot for the info about locksmiths. The card Marstons put through says "there exists a power under Schedule 4A Magistrates Court Act 1980 ( inserted by Sch 4 Domestic Violence, Crime and Victims Act2004) to enable us to enter your property BY FORCE, using locksmiths where required. I will be re-attending your premises with a locksmith if necessary, to conclude this matter. I may if appropriate request authority to use the above powers of entry"

[karen971]

Re: distress warrant

The court have now confirmed that the original fine was for no TV licence and was for £300 Marstons want £610! Although I can remember the original summons arriving I can not remember any other letters coming about this from anyone!

[Inca]

Re: distress warrant

Do the local police know you are there and why?

[karen971]

Re: distress warrant

They did when I first moved here as there was a marker on the address if I called 999, but that has been removed now because I have a life time restraining order in place against my ex, he does not know exactly where we live and he is not allowed within a 5 radius of the area, so the marker was removed.

[MissFM]

Re: distress warrant

Karen, I am not a Bailiff expert at all and stand to be corrected when the bailiff wallahs on here arrive to the rescue. However, in your situation and with your extremely vulnerability (in the legal as well as the common sense) I wonder if it mightn't be enough to tell Marstons at the highest (CEO) level that they must call off their animal as any further harassment would be in serious breach of all regulations and guidelines? I think you should also let your safety network know of the threats and the court be made aware of your vulnerabilities.

If you have a caseworker or social worker or some other such support worker they should be able to do this for you without delay, via email or phone call. Or your GP?

This is desperately frustrating as I so much want to help but have been roundly ticked off in the past for giving the wrong advice and this area of law apparently needs super-correct handling!

FWIW, like all of us here, I am roundly on your side. x

[karen971]

Re: distress warrant

Thank you so much Miss FM! I have spoken to my CPN who is going to ring Marstons for me as I just crumble and get nowhere with them. She seems to think that they are using bullying tactics with me and the card they put through my door and the language used are all just to frighten me and that if I write to the court explaining my situation that they will be sympathetic. I know that I have to pay the fine but I cannot pay all at once and definitely not the amount that Marstons are asking! As I was writing this my CPN called me and told me she had talked to Marstons who were not interested and said they were going ahead with the execution of the warrant. I had started to feel lot calmer but now I am terrified again.

[Inca]

Re: distress warrant

Karen...please don't get all upset...help is on it's way..noones going to leave you stranded on here ,,promise x

[labman]

Re: distress warrant

Hi Karen,

I've sent you a message via the site team. Don't worry - we will do our best to get things sorted for you. :beagle: