Marston bailiffs

[Milo mgee]

I had a fine which I took to appeal, this was heard on 20th dec 2013. I received the outcome of the appeal on Friday 3rd jan 2014. On Saturday 4th jan a bailiff was knocking on my door telling me that he was going to enter the property and remove goods ( my name is not on the mortgage or electoral roll at this address ). I then begged him to give me time to speak to the courts about this matter, I was allowed till Monday evening.
After ringing three courts in my area I was told by 2 of them that the distress warrant had been issued in nov, before my case had even gone to appeal, the third court said they can't issue a warrant until the appeal has been heard. Who is right?
This morning I spoke to the fine issuing court who heard what I had to say then gave me the telephone number of the manager there and said get Marston to call him.
Marston are refusing to call! And are still threatening to come into the property to take goods despite the only thing belonging to me here is my clothing ect. I don't know where to turn next! Please help!

[bizzybob]

Re: Marston bailiffs

I had a fine which I took to appeal, this was heard on 20th dec 2013. I received the outcome of the appeal on Friday 3rd jan 2014. On Saturday 4th jan a bailiff was knocking on my door telling me that he was going to enter the property and remove goods ( my name is not on the mortgage or electoral roll at this address ). I then begged him to give me time to speak to the courts about this matter, I was allowed till Monday evening.
After ringing three courts in my area I was told by 2 of them that the distress warrant had been issued in nov, before my case had even gone to appeal, the third court said they can't issue a warrant until the appeal has been heard. Who is right?
This morning I spoke to the fine issuing court who heard what I had to say then gave me the telephone number of the manager there and said get Marston to call him.
Marston are refusing to call! And are still threatening to come into the property to take goods despite the only thing belonging to me here is my clothing ect. I don't know where to turn next! Please help!

Hi welcome to LB an option is to complain to the court manager regarding the bailiff calling the day after you got an appeal judgment. Did you win or lose the appeal? this will alter the potential advice given.

Is the property a relative or partners?

Other Beagles will no doubt be along soon to help.

[Milo mgee]

Re: Marston bailiffs

Hi, the appeal was dismissed. It's just I haven't even been given the opportunity to pay by instalments!

[Milo mgee]

Re: Marston bailiffs

Sorry should have said property is my partners

[ploddertom]

Re: Marston bailiffs

Marstons will rely on the fact they have a "live" Warrant, it is up to HMCTS to contact them.

[Milo mgee]

Re: Marston bailiffs

The distress warrant had been issued on 13th nov 2013 despite my appeal not being heard until 20th dec 2013 ! Has anyone heard of this before? Also none of the courts I spoke to had any record of my appeal! My partner spoke to a lady at court earlier and she had managed to track down my paperwork regarding the appeal. So why didn't they have it on computer?
i would appreciate any advice
thank you

[CleverClogs]

Re: Marston bailiffs

The distress warrant had been issued on 13th nov 2013 despite my appeal not being heard until 20th dec 2013 ! Has anyone heard of this before? Also none of the courts I spoke to had any record of my appeal! My partner spoke to a lady at court earlier and she had managed to track down my paperwork regarding the appeal. So why didn't they have it on computer?

They did, but their system or software is seriously fücked.

[Milo mgee]

Re: Marston bailiffs

They did, but their system or software is seriously fücked.

My partner has now taken over dealing with the courts and Marston as I am already on anti depressants due to my mum passing away suddenly recently and he is due to speak to the court manager today at 10.30 am. I am not saying I don't want to pay the fine I just need time!

Thank you to everyone who has offered advice it is very much appreciated

[Milo mgee]

Re: Marston bailiffs

My partner has now taken over dealing with the courts and Marston as I am already on anti depressants due to my mum passing away suddenly recently and he is due to speak to the court manager today at 10.30 am. I am not saying I don't want to pay the fine I just need time!

Thank you to everyone who has offered advice it is very much appreciated

Quick update.... The warrant was issued in error and the Marston thug called off!!

[bluebottle]

Re: Marston bailiffs

Quick update.... The warrant was issued in error and the Marston thug called off!!

Quelle surprise! Has the court apologised for this inexcusable cock-up? When an appeal against conviction is lodged, no other action relating to the matter may be pursued unless the appeal is subsequently withdrawn prior to the date the appeal is due to be heard. Also, due to your health and recent loss, you would be classed as vulnerable and, under the circumstances, the warrant should not have been issued. If you are happy to let things be, do so. If you or your partner want to pursue the matter further, then you will need to complain to HMCTS at headquarters level.

[bizzybob]

Re: Marston bailiffs

Personally I would kick Sharkstons for this but as stress is affecting you Milo, I wouid let the partner deal with them. AS the appeal has been dismissed what have the court said about the penalty? Deal with that is a fine as the Marstons lot will be back.

[bluebottle]

Re: Marston bailiffs

Personally I would kick Sharkstons for this but as stress is affecting you Milo, I wouid let the partner deal with them. AS the appeal has been dismissed what have the court said about the penalty? Deal with that is a fine as the Marstons lot will be back.

Significant questions I would ask are -

1. For what offence were you fined?
2. Were you present at the original hearing?
3. Were your means examined by the court?
4. Were you present at the appeal hearing?

[Milo mgee]

Re: Marston bailiffs

Quelle surprise! Has the court apologised for this inexcusable cock-up? When an appeal against conviction is lodged, no other action relating to the matter may be pursued unless the appeal is subsequently withdrawn prior to the date the appeal is due to be heard. Also, due to your health and recent loss, you would be classed as vulnerable and, under the circumstances, the warrant should not have been issued. If you are happy to let things be, do so. If you or your partner want to pursue the matter further, then you will need to complain to HMCTS at headquarters level.

They have apologised to me and agreed to monthly payments.
my partner is in the process of writing a letter of complaint to the court and Marston.
i doubt this will achieve anything but at least we tried?
once again thank you all so much for all your advice

[CleverClogs]

Re: Marston bailiffs

Personally I would kick Sharkstons for this but as stress is affecting you Milo, I wouid let the partner deal with them. AS the appeal has been dismissed what have the court said about the penalty? Deal with that is a fine as the Marstons lot will be back.

In this case, it does not appear to be Sharkstons's fault - the errors seem to lie within HMCTS, as they issued the warrant before the appeal had even been heard.

I would say that, in these circumstances, justice would be better served by writing off the fine as if it had been paid.

Alternatively. Milo could use a firm of lawyers to seek an account of damages from HMCTS...

[bluebottle]

Re: Marston bailiffs

They have apologised to me and agreed to monthly payments.
my partner is in the process of writing a letter of complaint to the court and Marston.
i doubt this will achieve anything but at least we tried?
once again thank you all so much for all your advice

If you are fobbed off by the court, escalate the matter straight to HMCTS headquarters in London. Also, in any complaint, where a public authority has seriously cocked-up, as they have in this case, remind them of Section 6, Human Rights Act 1998 and, also, your rights under Article 6.