Marstons Baliffs - help please - re distress warrent

[harleymac]

Hi, im looking for some help/advice please. yesterday I had a visit from MARSTON baliff, its a distress warrant relating to a fine for not paying my tv licence. the fine was for £640, I recived a letter from the court on 2/9 advising the distress warrant had been issued and baliffs had been instructed to collect the debt. This was the first I had herd from them (moved house in may 13). the baliff arrived yesterday and asked for £940 which I said I didn't have. they said I had till 31/10 to pay in full or further steps like taking possessions, further charges, possible custodial sentence would follow. I said I didn't/wouldn't be able to pay by that date, asked about havin a further 2 weeks to pay, to which I was told it was not possible. My wife is pregnant (due 21/10) and it is causing both of us and enormous amount of concern/stress. I do work but don't earn loads and we are in recipt of housing benefit, child and woking tax credits. Is this something I should ask to be considered under the "not been means tested" rules? if so how do I do this, and how do I know the baliff wont return on said date. if not is there any other stepd I could take to give me more time to pay the fine? thanks in advance,

[Inca]

Re: Marstons Baliffs - help please - re distress warrent

Hi + to LegalBeagles,,,,it's a tad early yet but someone will pop by and be able to help you

[bluebottle]

Re: Marstons Baliffs - help please - re distress warrent

Okay. A few questions -

1. Did you receive a summons?
2. Were you aware you had been summonsed?
3. Did you know about any court hearing?
4. Were you in court when the fine was imposed?
5. Were you means previously examined?
6. Did you receive a Further Steps Notice?
7. What is the date on the warrant?

The reason I ask Question 7 is because magistrates' court DWs are active for 180 days (approximately six months), after which the bailiff has to return the DW to the court for further instructions. However, that, in itself, does not means further action will not be taken, because you can be arrested for non-payment of a fine.

[harleymac]

Re: Marstons Baliffs - help please - re distress warrent

hi, thanks for replying. (not sure why I cant use the enter key, so apologies in advance.) 1 - 3 the answer is yes, 4 is a no, 5 is I don't believe so. 6 is a no, and 7 is the only letter I have regarding the fine was dated 2nd sept 13. I rang the court when I received this letter, and said this was the first I knew about it. I said I would pay £100 within 7 days, but could not make the payment. then the bailiff arrived on 21/10. thanks again.

[harleymac]

Re: Marstons Baliffs - help please - re distress warrent

edit - 7 - I didn't actually see the warrant from the bailiff.

[CleverClogs]

Re: Marstons Baliffs - help please - re distress warrent

My wife is pregnant (due 21/10) and it is causing both of us and enormous amount of concern/stress.

Regardless of what the bailiff might claim, he is no longer permitted to seize children in payment of a fine.

If you can borrow or scrape together the money somehow, you should pay it as that will be less expensive and less painful.

[bluebottle]

Re: Marstons Baliffs - help please - re distress warrent

Marstons should tell you what the date is on the warrant the court issued to them. If they do not, you may need to refer the matter to the HMCTS Area Enforcement Team for clarification. If the date is very recent, refusing to allow payment by instalments could be seen as unreasonable. If some time has lapsed since the date of issue and there is, for example, only two months left before the DW expires, then, depending on the amount owed, refusing instalments may not be unreasonable.

Once the DW is passed to one of the contracted bailiff companies by the courts, the matter is then with the bailiff company to whom the DW has been issued and you will need to deal with the bailiff company. However, any unreasonable or potentially unlawful behaviour by the bailiff or bailiff company should be referred to the bailiff company management, in the first instance, followed by escalation to the HMCTS Area Enforcement Team if you find yourself banging your head against a brick wall.

The fact you have explained your financial position and made an offer as to payments is important. However, you do need to contact Marstons and establish the date upon which the DW was issued by the court. Once you have this information, come back onto this thread.

[harleymac]

Re: Marstons Baliffs - help please - re distress warrent

Thank you, I will give them a call asap, and then post back. really appreciate the help.

[CleverClogs]

Re: Marstons Baliffs - help please - re distress warrent

Once the DW is passed to one of the contracted bailiff companies by the courts, the matter is then with the bailiff company to whom the DW has been issued and you will need to deal with the bailiff company. However, any unreasonable or potentially unlawful behaviour by the bailiff or bailiff company should be referred to the bailiff company management, in the first instance, followed by escalation to the HMCTS Area Enforcement Team if you find yourself banging your head against a brick wall.

What was that clause in Magna Carta wherein the King (King John) agreed for himself and his successors not to sell justice?

[labman]

Re: Marstons Baliffs - help please - re distress warrent

What was that clause in Magna Carta wherein the King (King John) agreed for himself and his successors not to sell justice?

Is that the one signed in 1215 by King John under duress as it was forced on him by the feudal barons so they could keep their privileges and attempt to limit the King's power?

Given the conditions under which it was signed, it is arguable it the King actually agreed to anything. He was forced to agree. :beagle:

[bizzybob]

Re: Marstons Baliffs - help please - re distress warrent

Is that the one signed in 1215 by King John under duress as it was forced on him by the feudal barons so they could keep their privileges and attempt to limit the King's power?

Given the conditions under which it was signed, it is arguable it the King actually agreed to anything. He was forced to agree. :beagle:

Substitute global corporations, energy companies, and Enforcement agencies for the feudal barons and they seem pretty much to run the show now, as in outsource everything and derogate further from democratic, and due process under the Rule of Law

[bluebottle]

Re: Marstons Baliffs - help please - re distress warrent

Substitute global corporations, energy companies, and Enforcement agencies for the feudal barons and they seem pretty much to run the show now, as in outsource everything and derogate further from democratic, and due process under the Rule of Law

You've pretty much summed it up quite succinctly, BB. However, things can and do change and whether the latter-day feudal barons like it or not, people around the world have twigged what is going on and are not going to put up with it. The genie is out of the bottle and the feudal barons will not be able to get the genie to go back into the bottle, no matter how hard they try. And, no, they won't get three wishes either. Their days of lying, cheating and bullying are rapidly coming to a close. The fines imposed on U.S. banks recently is just a taste of what is almost certainly to come.