Marston Bailiff Visit

[cassillas]

Hi Guys

I received a visit from a Matston bailiff this evening demanding £750 for a fine I received 2 years ago for keeping a vehicle on the road with no tax. The fine is £448 and the rest is £85 court cost plus Marston's fee. Usual story, I don't recall the letters (I have lived away in this time, it is my mother's house).

I am willing to pay but cannot afford the full amount in one go - I would pay the £448 on Friday which is payday for me even though I can't really afford to do that. The bailiff says it must be the full amount otherwise hr will come with a locksmith and come in the house. What can I do? Any advice would be greatly appreciated.

[CleverClogs]

Re: Marston Bailiff Visit

I received a visit from a Marston bailiff this evening ... it is my mother's house).

I am willing to pay but cannot afford the full amount in one go - I would pay the £448 on Friday which is payday for me even though I can't really afford to do that. The bailiff says it must be the full amount otherwise he will come with a locksmith and come in the house.

Even though it isn't your house?

I rather doubt that he will, as that could land him in the mire right up to his little piggy eyes.

What can I do? Any advice would be greatly appreciated.

Use Statutory Declaration "B" from here - link - and take the SD and mummy dearest to a Commissioner for Oaths (most lawyers will do this, as it's like money for old rope but where the customer provides the rope) to get the form sworn and certified. Get several copies certified by the lawyer. Send one to Marstons and keep one for Mr Greedy Bugger when he calls next.

And hide your current jalopy, if you have one.

They are allowed to accept payments by instalments, with or without a levy in place. However, as they tend to be mean-minded, greedy and inherently deceitful, they'll not tell you that.

[ploddertom]

Re: Marston Bailiff Visit

Did you know about the fine? If so did you attend Court, were you means tested? What notifications have you had from the Court prior to the bailiff visiting?

[bluebottle]

Re: Marston Bailiff Visit

Ring Marstons and ask them for the date of the distress warrant the court sent to them. If the Customer Services call centre refuses to provide this information, ask to speak to a manager. If you still come up against resistance, escalate to the HMCTS Area Enforcement Team.

A magistrates court distress warrant is active for 180 days from the date of issue, after which the bailiff has to seek direction from the court of issue or return the warrant, whichever the court directs. If the distress warrant Marstons have in your case has a recent issue date, then the bailiff's threats could be deemed unreasonable. If, on the other hand, there is only a few weeks left before it has to be returned to the court, what the bailiff says may well be valid. However, HMCTS do expect bailiff companies working on its behalf to use forced entry as a last resort and not a means of forcing people to pay money they cannot afford.

[cassillas]

Re: Marston Bailiff Visit

Thanks for the advice. He's coming on Friday morning for the money, I won't be able to get the form done by then. Most of my mum's stuff is second hand and would be lucky to fetch £200 at auction! It's just the headache of it. I won't have £750 for him so it's a case of £450 for now take it or leave it. Or he can try and carry out his other threat of getting the police out to arrest me (I called 101 and they said this cannot happen?). Thanks again.

[wales01man]

Re: Marston Bailiff Visit

Don't open the door keep your car hidden and I would suggest you hand him a letter offering to pay a sum of money and ask for his acceptance in writing others will tell you they cant force entry if its not your house and cannot get you arrested they do not have that power try and film or at least record his visit

[bluebottle]

Re: Marston Bailiff Visit

Thanks for the advice. He's coming on Friday morning for the money, I won't be able to get the form done by then. Most of my mum's stuff is second hand and would be lucky to fetch £200 at auction! It's just the headache of it. I won't have £750 for him so it's a case of £450 for now take it or leave it. Or he can try and carry out his other threat of getting the police out to arrest me (I called 101 and they said this cannot happen?). Thanks again.

The police are correct and I can confirm this having been a policeman. The magistrates will normally issue an arrest warrant to bring the fine defaulter before the court to explain why they have not paid the fine. The bailiffs know that they are not allowed to take third-party goods.

Just as a matter of interest who is your local police force and what is the name of the bailiff, please?

I would ring Marstons first thing tomorrow morning and ask them for the issue date of the distress warrant. If, as I alluded to above, it has a recent issue date, the bailiff's threats could be seen as unreasonable. You will have to pay the fine and fees, but establishing the issue date of the distress warrant is your Number One priority at this moment in time.

[cassillas]

Re: Marston Bailiff Visit

The police are correct and I can confirm this having been a policeman. The magistrates will normally issue an arrest warrant to bring the fine defaulter before the court to explain why they have not paid the fine. The bailiffs know that they are not allowed to take third-party goods.

Just as a matter of interest who is your local police force and what is the name of the bailiff, please?

I would ring Marstons first thing tomorrow morning and ask them for the issue date of the distress warrant. If, as I alluded to above, it has a recent issue date, the bailiff's threats could be seen as unreasonable. You will have to pay the fine and fees, but establishing the issue date of the distress warrant is your Number One priority at this moment in time.

Looks like I will have to pay in full I guess.

Distress warrant was issued 29.08.13

Tried making an offer, he will not have it. He said he's not your usual bailiff but a court bailiff or warrant officer (something like that). He got pretty angry when i kept asking him to confirm that he will come with a locksmith if I don't pay.

[ploddertom]

Re: Marston Bailiff Visit

Looks like I will have to pay in full I guess.

Distress warrant was issued 29.08.13

Tried making an offer, he will not have it. He said he's not your usual bailiff but a court bailiff or warrant officer (something like that). No he's not he is a Certificated Bailiff - end of, upset him even more and ask at which Court his Certificate was granted. He got pretty angry when i kept asking him to confirm that he will come with a locksmith if I don't pay.

Another one who has delusions of grandeur.

[labman]

Re: Marston Bailiff Visit

The process for Mag Ct fines is actually reasonably straightforward. Have a read of this, and check everything has been done properly.

I may have missed the reply scanning through, but Ploddertom asked you about paperwork. Apologies if I missed it, but did you answer this question?

You'll see in the link much of what has been said above, and more. Here it is:

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

[bluebottle]

Re: Marston Bailiff Visit

Looks like I will have to pay in full I guess.

Distress warrant was issued 29.08.13

Tried making an offer, he will not have it. He said he's not your usual bailiff but a court bailiff or warrant officer (something like that). He got pretty angry when i kept asking him to confirm that he will come with a locksmith if I don't pay.

In the words of Dad's Army's Captain Mainwaring, "Stupid boy." Marston bailiffs enforcing unpaid court fines are Approved Enforcement Agents (AEA). They are not Court Bailiffs or Warrant officers. Court Bailiffs and Warrant Officers are Crown Servants employed directly by H.M. Courts & Tribunals Service (HMCTS) and, as such, hold a Crown Office, as police officers do. They carry a warrant card, not a bailiff certificate. Ask the Marston bailiff for his certificate and it is likely he will produce a Form 1, otherwise known as a Bailiff Certificate, which is postcard-sized. A Court Bailiff's and a Warrant Officer's warrant cards are credit card-sized.

Turning to the date on the distress warrant, the warrant still has about four months to run. With fees, the amount owed comes to £1,050. Split this into four monthly amounts of £262.50 each. You have offered him £450 for now which would leave an outstanding balance of £600. Divide this into four monthly amounts of £150 per month.

Taking account of the issue date of the distress warrant, the bailiff's conduct in this matter is borderline as being seen to be unreasonable. Calling himself a Court Bailiff or a Warrant Officer won't impress HMCTS. Contact Marston's Customer Service Department and ask to speak to a manager. Explain that you know distress warrants are active for six months and that the warrant in your case has still got four months to run. Explain that you have offered to pay £450 now and to clear the outstanding amount before the warrant expires, but the bailiff is being what could be reasonably considered to be unreasonable. I will make no guarantees that Marstons will co-operate or accept this, so please do not be under the belief they will co-operate or accept your offer. All you can do is give it your best shot. If they are unco-operative or refuse to accept your offer, then you may need to contact the HMCTS Area Enforcement Team for the area in which the court that issued the warrant is located.

One last thing, an AEA cannot force entry using a locksmith without prior authorisation from a nominated officer at the court that issued the distress warrant.

[Sir Vere Brayne d'Emmidge]

Re: Marston Bailiff Visit

Thanks for the advice. He's coming on Friday morning for the money, I won't be able to get the form done by then. Most of my mum's stuff is second hand and would be lucky to fetch £200 at auction! It's just the headache of it. I won't have £750 for him so it's a case of £450 for now take it or leave it. Or he can try and carry out his other threat of getting the police out to arrest me (I called 101 and they said this cannot happen?). Thanks again.

If, and that's a BIG IF, the bailiff is sensible, he will accept the £450 but be prepared to cough up a minimum of £50/100 per week.

You can only be arrested once the warrant is returned to Court and a note saying that you are a wilful non payer, and even then the Magistrates might just decide to summon you and not issue an arrest warrant.

[bluebottle]

Re: Marston Bailiff Visit

Be aware that some Marston bailiffs have a nasty habit of making it as difficult as possible for fine defaulters to pay fines and then claim the fine defaulter is wilfully avoiding paying their fine. Strictly speaking, this practice is sailing seriously close to the wind. Follow Sir Vere's advice. If the bailiff has any sense, he will accept your offer. Pay what you can realistically afford, but make sure you pay the outstanding balance off before the distress warrant expires.

Sit down and work out how much you can realistically afford to pay per week. The warrant expires in February 2014. £50-£75 per week should be sufficient to clear the outstanding amount before then, but do check a calendar or diary for the number of weeks available before the warrant expires.