Dealing with a distress warrant

[feistyfairy]

My boyfriend has due to grieving for the death of his mother has forgotten to pay a court fine, Marstons have now become involved and being completely unreasonable!!!! He is of no fixed abode at present and has not got any assets but they are demanding that he pays £605 in one go, he has tried to arrange a payment plan with him and they are being totally unreasonable.

My boyfriend was staying with me for a while, but is no longer here but the bailiffs turned up at my house and knocked on all my neighbours' doors, they then sent my boyfriend a text to say that they were going to attend my property with an enforcement team and social services as I have children!!!! The children and I have spent the weekend stressing at every knock at the door. I have now had enough and Mark has said to Marstons that he is prepared to go back to court and stand in front of the magistrates but Marstons are being totally pig-headed. I have even spoken to the court enforcement team and they have said that could happen.

What can we do??????

[bluebottle]

Re: Dealing with a distress warrant

That sort of behaviour is totally unacceptable. When you say you spoke to the "court enforcement team" do you mean the muppets in the Fines Office?

I think the best thing you can do is escalate this to the Area Enforcement Team and, possibly, the Regional Enforcement Team, both of which are at higher levels within HMCTS than the court enforcement staff.

If you could indicate which court is involved, I will dig out the contact details for the Area and Regional Enforcement Teams.

[feistyfairy]

Re: Dealing with a distress warrant

It is Bristol Magistrates court, I spoke to somebody on the Queensway enforcement team. The bailiff is refusing to return the warrant and I am starting to lose my patience with him, I know its not my problem but my boyfriend really has been through enough at the moment and the bailiff is still implying that he is going to turn up at my property.

[bluebottle]

Re: Dealing with a distress warrant

It is Bristol Magistrates court, I spoke to somebody on the Queensway enforcement team. The bailiff is refusing to return the warrant and I am starting to lose my patience with him, I know its not my problem but my boyfriend really has been through enough at the moment and the bailiff is still implying that he is going to turn up at my property.

Okay. Thank you for that.

Firstly, it is your boyfriend's fine, not your fine, and, therefore, the bailiff should not be threatening you with Social Services or to force entry to your home.

Secondly, you say that the court has recalled the distress warrant from Marstons and the bailiff is refusing to comply with this instruction. Could you please confirm if the court enforcement team have stated why they have asked the bailiff to return the distress warrant?

If this matter has to be referred to the HMCTS Area Enforcement Team, I can tell you they are based in Plymouth. Area Enforcement Teams are, on the whole, very helpful.

[feistyfairy]

Re: Dealing with a distress warrant

Sorry the court has not recalled the distress warrant, I was advised that Marstons could give it back. But as expected he is not willing to do that, because he could lose out on money!!
He has now gone quiet because my boyfriend informed him that I am making a formal compliant to the courts and Marston's themselves regarding the threats made towards myself and my children.

I would just really like to get this sorted as it is christmas and I have family coming to stay and the last thing I want is to be embarrassed by the actions of the bailiffs.

Where do we go from here?

[CleverClogs]

Re: Dealing with a distress warrant

Where do we go from here?

To the police if the oaf takes once more to disturbing the peace by banging on the neighbours' doors.

[bizzybob]

Re: Dealing with a distress warrant

"Where do we go from here?"

To the magistrates court to swear a Statutory Declaration as to the non residence of the named debtor, and to deliver a complaint about Sharkston's neanderthal knuckle dragger.

Hang on a minute, I shouldn't be comparing Homo Neantertalus, with a Marstons bailiff, the bailiff is much lower than that on the evolutionary scale!

[bluebottle]

Re: Dealing with a distress warrant

Feistyfairy,

The bailiff knows that if the defendant does not or no longer resides at the address on the distress warrant, they are required to return the distress warrant to the court of issue and seek further direction. The bailiff in this case has failed to do so.

As the court team appear to not want to stop this matter getting out of hand, the most practical route of resolution is to escalate the matter to the Area Enforcement Team who, as previously advised, are based at Plymouth. The contact details are as follows -

De-BodminMCEnf@hmcts.gsi.gov.uk

You are best sending an email and put "For the Attention of the Senior Enforcement Manager or Service Delivery Manager" in the subject box of your email browser. Head the email as follows -

Dear Sirs,

Defendant's Name: xxxxxxxxxxxxxxxxxxxxxx
HMCTS Reference: xxxxxxxxxxxxxxxxxxxxxx
Courtxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Approved Enforcement Agent: Marston Group Limited

I wish to make a formal complaint about the conduct of your Approved Enforcement Agent in respect of the case at reference.

The circumstances are:-

1. ............................................

2. ............................................

Numbering the paragraphs makes it easier for HMCTS to follow and refer to if the matter needs to be referred to a higher level.

The advice given by Clever Clogs is sound and, hopefully, you should not have to call on Avon & Somerset Police to remove the bailiff with the toe of their boots. Bizzybob's advice is also sound and I would advise you to make arrangements to swear a Statutory Declaration as soon as possible.

Hope this helps.

[CleverClogs]

Re: Dealing with a distress warrant

As the court team appear to not want to stop this matter getting out of hand, the most practical route of resolution is to escalate the matter to the Area Enforcement Team who, as previously advised, are based at Plymouth. The contact details are as follows -

De-BodminMCEnf@hmcts.gsi.gov.uk

Does that mean the bailiff is the Beast of Bodmin?

[bluebottle]

Re: Dealing with a distress warrant

Does that mean the bailiff is the Beast of Bodmin?

More like the Beast of Bedminster Down.:santa2:

[CleverClogs]

Re: Dealing with a distress warrant

the bailiffs turned up at my house and knocked on all my neighbours' doors

Why did the oaf do that?

they were going to attend my property with an enforcement team and social services as I have children!

Again, why? They know they are no longer allowed to seize children in settlement of a debt.

Marstons are being totally pig-headed.

So what else is new?

[bizzybob]

Re: Dealing with a distress warrant

If Marstons are involving Social Services into the affairs of a third party to a debt, they are on very shaky ground, that should open up and swallow them along with any right on pinko social worker on the prowl for potential adoptees, for Tony Bliar's defunct adoption league tables. The threat of social services involvement is an egregious development that needs squishing forthwith

[bluebottle]

Re: Dealing with a distress warrant

I am wondering whether Sir Vere should look in on this thread, BB. His experience in matters like this would be helpful.

[CleverClogs]

Re: Dealing with a distress warrant

I am wondering whether Sir Vere should look in on this thread, BB. His experience in matters like this would be helpful.

But does he know how much children fetch at auction?

[bizzybob]

Re: Dealing with a distress warrant

But does he know how much children fetch at auction?

He may know how to barbecue a cabin boy. Let's turn this 360 degrees and turn the tables on the bailiffs as social workers could do us all a favour by taking bailiffs children away on the ground that the bailiff is a compulsive liar, and sets a bad example to the child. Perhaps Marstons would like to put that in their Meersahaum and smoke it