Marston bailiff help needed ASAP

[L11Marc]

Re: Marston bailiff help needed ASAP

Stat dec done & signed by a solicitor by my mum saying all goods belong to her

2 copies bought too so i can forward them on to the bailiff & court

next step is to try & come to a payment plan. I can afford about £130 a week but ive got a feeling theyll say no

is it possible to pay the court the fine & marstons the bailiff fees of £85 + £215?

also, is this the most they can charge me? They cant keep adding fees on if i pay by instalments because this will be impossible to catch up on the debt & clear it? One more question is it better to call Marstons office up to pay or pay it to the bailiff who accepts cash? Dont want any payments slipping through the net

[bluebottle]

Re: Marston bailiff help needed ASAP

Stat dec done & signed by a solicitor by my mum saying all goods belong to her

2 copies bought too so i can forward them on to the bailiff & court

next step is to try & come to a payment plan. I can afford about £130 a week but ive got a feeling theyll say no

is it possible to pay the court the fine & marstons the bailiff fees of £85 + £215?

also, is this the most they can charge me? They cant keep adding fees on if i pay by instalments because this will be impossible to catch up on the debt & clear it? One more question is it better to call Marstons office up to pay or pay it to the bailiff who accepts cash? Dont want any payments slipping through the net

If Marstons are unreasonably refusing to set up a payment plan, then this needs to be pursued with HMCTS. If the court staff are unco-operative, escalate to the Area Enforcement Team. They tend, on the whole, to be very helpful. Use the information I have posted in Post #18.

[L11Marc]

Re: Marston bailiff help needed ASAP

Thank you. Any details for them phone number or email?

ive been advised by someone to go into the court at one of the fine ATM machines, pay the £370 fine & then the bailiffs fees of £300 will eventually evaporate

sounds too good to be true

[bizzybob]

Re: Marston bailiff help needed ASAP

Thank you. Any details for them phone number or email?

ive been advised by someone to go into the court at one of the fine ATM machines, pay the £370 fine & then the bailiffs fees of £300 will eventually evaporate

sounds too good to be true

And it is, the fees will still remain payable, and Marstons will try to add more fees to collect their outstanding fees.

[L11Marc]

Re: Marston bailiff help needed ASAP

I really dont know what my next step is

This is from another forum:

"The court service will not accept the Marston fee of £85 and £215 they will say contact Marston group. If you have the means then consider deploying pay & reclaim to get Marston off your back if they turn up, that involves conceding to the demand to clear it and you can recover it through the courts. The law does not make you liable for the bees of a bailiff company. You must only pay what the court has adjudged you to pay. Don't take too much notice what the court service staff tell you.

Pay the fine online or go in person and pay the fine at court and get a RECEIPT. There is an ATM-like machine in the court lobby to pay fines. It will NEVER ask you to pay the bailiffs £300 fees because the court service knows you do not have to pay them. Court ushers are on hand to advise you how to use it and when you are done the warrant is expunged and the case closes. Deploy these notices at the boundary of your property and keep copies of this notice handy inside your front door .


This article explains the law on how court fines and bailiffs fees work.

[bizzybob]

Re: Marston bailiff help needed ASAP

I really dont know what my next step is

This is from another forum:

"The court service will not accept the Marston fee of £85 and £215 they will say contact Marston group. If you have the means then consider deploying pay & reclaim to get Marston off your back if they turn up, that involves conceding to the demand to clear it and you can recover it through the courts. The law does not make you liable for the bees of a bailiff company. You must only pay what the court has adjudged you to pay. Don't take too much notice what the court service staff tell you.

Pay the fine online or go in person and pay the fine at court and get a RECEIPT. There is an ATM-like machine in the court lobby to pay fines. It will NEVER ask you to pay the bailiffs £300 fees because the court service knows you do not have to pay them. Court ushers are on hand to advise you how to use it and when you are done the warrant is expunged and the case closes. Deploy these notices at the boundary of your property and keep copies of this notice handy inside your front door .


This article explains the law on how court fines and bailiffs fees work.

Be very careful indeed with anything on that particular site regarding bailiff fees and court fines

[bluebottle]

Re: Marston bailiff help needed ASAP

I really dont know what my next step is

This is from another forum:

"The court service will not accept the Marston fee of £85 and £215 they will say contact Marston group. If you have the means then consider deploying pay & reclaim to get Marston off your back if they turn up, that involves conceding to the demand to clear it and you can recover it through the courts. The law does not make you liable for the bees of a bailiff company. You must only pay what the court has adjudged you to pay. Don't take too much notice what the court service staff tell you.

Pay the fine online or go in person and pay the fine at court and get a RECEIPT. There is an ATM-like machine in the court lobby to pay fines. It will NEVER ask you to pay the bailiffs £300 fees because the court service knows you do not have to pay them. Court ushers are on hand to advise you how to use it and when you are done the warrant is expunged and the case closes. Deploy these notices at the boundary of your property and keep copies of this notice handy inside your front door .


This article explains the law on how court fines and bailiffs fees work.

The article you have reproduced is total twaddle. It is not a bad idea to pay the fine directly into court and get a receipt as you can then photocopy the receipt and hand to the bailiff or send to Marstons. It stops them claiming you haven't paid or makes the bailiff look a complete twat in front of the police if the bailiff turns up at your home with them in toe and starts throwing his or her weight about. As for the fees, pay these via the Marstons' website. Make sure email them with the receipt number from the court.

[Milo]

Re: Marston bailiff help needed ASAP

I really dont know what my next step is

This is from another forum:

"The court service will not accept the Marston fee of £85 and £215 they will say contact Marston group. If you have the means then consider deploying pay & reclaim to get Marston off your back if they turn up, that involves conceding to the demand to clear it and you can recover it through the courts. The law does not make you liable for the bees of a bailiff company. You must only pay what the court has adjudged you to pay. Don't take too much notice what the court service staff tell you.

Pay the fine online or go in person and pay the fine at court and get a RECEIPT. There is an ATM-like machine in the court lobby to pay fines. It will NEVER ask you to pay the bailiffs £300 fees because the court service knows you do not have to pay them. Court ushers are on hand to advise you how to use it and when you are done the warrant is expunged and the case closes. Deploy these notices at the boundary of your property and keep copies of this notice handy inside your front door .

.

Marc,
Unlike CleverClogs, I do not know how to respond to questions using 'multi quotes'. Hopefully the following response will be ok:

"The court service will not accept the Marston feeof £85 and £215 they will say contact Marston group. If you have the means then consider deploying pay & reclaim to get Marston off your back if they turnup, that involves conceding to the demand to clear it and you can recover it through the courts"

So, for starters let us take this little ‘gem’. The website is advising you to pay and then to take COURT ACTION to get the ‘bailiff fees’ of £300r eturned. Just so that you are aware, there has not been one single recorded case yet of any ‘guinea pigs’ winning in court. Not one.

If you ask the ‘website’ you will be told that the 'many' debtors who have 'apparently' won 'settlements' have have been asked to sign ‘confidentially agreements’. Dream on!!

The website are that desperate to get ‘their’ theory on bailiff fees proved in their favour that only yesterday the website posted a thread entitled: HMCTS admits ‘sum adjudged’ nothing to do with bailiffs fees. Oh goody...at last.....so what does this reveal...a letter maybe?

No, the 'evidence' turns out to be a link to a YOU TUBE video!!

"The law does not make you liable for the fees of a bailiff company. You must only pay what the court has adjudged you to pay. Don't take too much notice what the court service staff tell you"

Top marks for this one. In other words, the ‘advice’ given by the website is to IGNORE what Her Majesty’s Courts & Tribunal Service is telling you and instead, to believe what you read on an internet site. Another GEM.

"Pay the fine online or go in person and pay the fine at court and get a RECEIPT.There is an ATM-like machine in the court lobby to pay fines. It will NEVER ask you to pay the bailiffs £300 fees because the court service knows you do not have to pay them"


Where does this rubbish come from!! The ‘ATM’ like machine is actually called a ‘DropBox’ and its purpose is merely to allow debtors to be able to ‘deposit’ cash or cheques to pay towards their court fines. If for instance a debtor wanted to pay £20 he merely deposits the money into an envelope and he will be required to enter his account number using the keypad. The envelope can then be‘ dropped’ into the ‘Drop Box’ and the machine will print a receipt. Where on earth somebody was able to dream up the statement that the machine will NEVER ask you to pay the bailiff fees of £300 is frankly bonkers.

"Court ushers are on hand to advise you how to use it and when you are done the warrant is expunged and the case closes"

Yet another ‘gem’ . Firstly, there is no need to call a court usher for instructions on how to use the ‘drop box’. It is that simple that a 10 year old would know how to use.

Next, let’s take the comment about the warrant being ‘expunged’. In fact what the statutory regulations under section 52.(8) of the Criminal Procedure Rules really say is as follows:

(5) The warrant no longer haseffect if—

(a) There is paid to the person executing it thesum for which it was issued and any extra sum payable in connection with its execution;

"Deploy these notices at the boundary of your property and keep copies of this notice handy inside your front door"

You will find that when making this statement the website rather cleverly directs visitors to another page and this will require you to MAKE A PAYMENT of £15 before seeing the nonsense that you will be instructed to paste around the windows of your home!!

The ‘notice’ referred to is known as a Notice of Removal of Implied Right of Access and appeared in its original form on an Irish Freeman on the Land forum about 5 years ago and then went ‘viral’ over the internet. Over time supporters of the Freeman on the Land movement have made some changes to the Notice to make them even sillier that its original form ( if that was even possible).

The ‘purpose’ of the Notice is supposedly that if a bailiff ignores the Notice that he will be committing a ‘trespass’. As mentioned above, the person who drafted the ‘original’ notice over 5 years ago was a resident of Ireland and I would therefore assume that he had little or no knowledge about how council tax or criminal court fines are imposed in the UK courts. Accordingly, he would not have known that Halsbury’s Law (which is widely used by Solicitors, Barristers and courts in the UK states the following:

'A warrant of distress issued for the purpose of levying a sum adjudged to be paid by the conviction or order of a magistrates' court will not be held void by reason of any defect in the warrant'

and crucially that:

'nor will a person acting under such a warrant be deemed to be a trespasser from the beginning by reason only of any irregularity in the execution of the warrant'

[bluebottle]

Re: Marston bailiff help needed ASAP

Marc,
Unlike CleverClogs, I do not know how to respond to questions using 'multi quotes'. Hopefully the following response will be ok:

"The court service will not accept the Marston feeof £85 and £215 they will say contact Marston group. If you have the means then consider deploying pay & reclaim to get Marston off your back if they turnup, that involves conceding to the demand to clear it and you can recover it through the courts"

So, for starters let us take this little ‘gem’. The website is advising you to pay and then to take COURT ACTION to get the ‘bailiff fees’ of £300r eturned. Just so that you are aware, there has not been one single recorded case yet of any ‘guinea pigs’ winning in court. Not one.

If you ask the ‘website’ you will be told that the 'many' debtors who have 'apparently' won 'settlements' have have been asked to sign ‘confidentially agreements’. Dream on!!

The website are that desperate to get ‘their’ theory on bailiff fees proved in their favour that only yesterday the website posted a thread entitled: HMCTS admits ‘sum adjudged’ nothing to do with bailiffs fees. Oh goody...at last.....so what does this reveal...a letter maybe?

No, the 'evidence' turns out to be a link to a YOU TUBE video!!

"The law does not make you liable for the fees of a bailiff company. You must only pay what the court has adjudged you to pay. Don't take too much notice what the court service staff tell you"

Top marks for this one. In other words, the ‘advice’ given by the website is to IGNORE what Her Majesty’s Courts & Tribunal Service is telling you and instead, to believe what you read on an internet site. Another GEM.

"Pay the fine online or go in person and pay the fine at court and get a RECEIPT.There is an ATM-like machine in the court lobby to pay fines. It will NEVER ask you to pay the bailiffs £300 fees because the court service knows you do not have to pay them"


Where does this rubbish come from!! The ‘ATM’ like machine is actually called a ‘DropBox’ and its purpose is merely to allow debtors to be able to ‘deposit’ cash or cheques to pay towards their court fines. If for instance a debtor wanted to pay £20 he merely deposits the money into an envelope and he will be required to enter his account number using the keypad. The envelope can then be‘ dropped’ into the ‘Drop Box’ and the machine will print a receipt. Where on earth somebody was able to dream up the statement that the machine will NEVER ask you to pay the bailiff fees of £300 is frankly bonkers.

"Court ushers are on hand to advise you how to use it and when you are done the warrant is expunged and the case closes"

Yet another ‘gem’ . Firstly, there is no need to call a court usher for instructions on how to use the ‘drop box’. It is that simple that a 10 year old would know how to use.

Next, let’s take the comment about the warrant being ‘expunged’. In fact what the statutory regulations under section 52.(8) of the Criminal Procedure Rules really say is as follows:

(5) The warrant no longer haseffect if—

(a) There is paid to the person executing it thesum for which it was issued and any extra sum payable in connection with its execution;

"Deploy these notices at the boundary of your property and keep copies of this notice handy inside your front door"

You will find that when making this statement the website rather cleverly directs visitors to another page and this will require you to MAKE A PAYMENT of £15 before seeing the nonsense that you will be instructed to paste around the windows of your home!!

The ‘notice’ referred to is known as a Notice of Removal of Implied Right of Access and appeared in its original form on an Irish Freeman on the Land forum about 5 years ago and then went ‘viral’ over the internet. Over time supporters of the Freeman on the Land movement have made some changes to the Notice to make them even sillier that its original form ( if that was even possible).

The ‘purpose’ of the Notice is supposedly that if a bailiff ignores the Notice that he will be committing a ‘trespass’. As mentioned above, the person who drafted the ‘original’ notice over 5 years ago was a resident of Ireland and I would therefore assume that he had little or no knowledge about how council tax or criminal court fines are imposed in the UK courts. Accordingly, he would not have known that Halsbury’s Law (which is widely used by Solicitors, Barristers and courts in the UK states the following:

'A warrant of distress issued for the purpose of levying a sum adjudged to be paid by the conviction or order of a magistrates' court will not be held void by reason of any defect in the warrant'

and crucially that:

'nor will a person acting under such a warrant be deemed to be a trespasser from the beginning by reason only of any irregularity in the execution of the warrant'

No prizes for guessing where the poor advice you refer to, Milo, can be found. Do you have anything to report about the dangerous legal provision this discredited government is going to try and bring into force in April of this year? One thing I have found is that the provision regarding interpleaders may breach the rights of third parties under ECHR and the Human Rights Act 1998. Whoever conceived and drafted the provision is either determined to whip up tension and stir up social unrest, which is not beyond the realms of possibility, or has not checked the provision's compatibility with ECHR.

I am of the view that the less reputable elements within the civil enforcement industry are going to end up in casualty as third parties are, quite rightly, likely to use reasonable force to protect their possessions, something they are legally-entitled to do. Also, don't forget that if a bailiff decides to kick someone's door in and has no right in law to do so, they should not be surprised if they get bounced back out through the doorway. R -v- Tucker [2012] confirmed the right of a householder to use reasonable force to remove a bailiff who has no right in law to force entry and refuses or fails to leave when requested to do so.

[L11Marc]

Re: Marston bailiff help needed ASAP

1 last question


After ive paid the £370 fine direct to the court either by telephone or in the court on a fine atm machine BUT not paid Marstons £300 bailiff fees


What realistically can they do to get their fees? Can the court still authorise them to use a locksmith or can they still enter my home & levy on goods or what?

[Milo]

Re: Marston bailiff help needed ASAP

Bluebottle,

The general consensus of opinion is that both the 'advice' and enforcement' sector are waiting until next weeks CIVEA bash in London to hear what the Justice Minister has to say about the new regs and Schedule 12.

Local authorities, enforcement companies, the advice sector and even the LGO have been raising queries for the past 2 weeks.

Today, one local authority referred the new fee scale to being like swiss cheese. I will leave you to work that one out !!!

Representatives from the Ministry of Justice are also going to be in attendance and I can assure you that there will be MANY questions raised. The venue had to be changed before Christmas so as to accommodate all those who want to attend.

[wales01man]

Re: Marston bailiff help needed ASAP

Maybe they will see the problems this ill thought out change will bring?

[bluebottle]

Re: Marston bailiff help needed ASAP

Bluebottle,

The general consensus of opinion is that both the 'advice' and enforcement' sector are waiting until next weeks CIVEA bash in London to hear what the Justice Minister has to say about the new regs and Schedule 12.

Local authorities, enforcement companies, the advice sector and even the LGO have been raising queries for the past 2 weeks.

Today, one local authority referred the new fee scale to being like swiss cheese. I will leave you to work that one out !!!

Representatives from the Ministry of Justice are also going to be in attendance and I can assure you that there will be MANY questions raised. The venue had to be changed before Christmas so as to accommodate all those who want to attend.

Many thanks for that, Milo. Keep up the good work.

[bizzybob]

Re: Marston bailiff help needed ASAP

Bluebottle,

The general consensus of opinion is that both the 'advice' and enforcement' sector are waiting until next weeks CIVEA bash in London to hear what the Justice Minister has to say about the new regs and Schedule 12.

Local authorities, enforcement companies, the advice sector and even the LGO have been raising queries for the past 2 weeks.

Today, one local authority referred the new fee scale to being like swiss cheese. I will leave you to work that one out !!! Full of holes...

Representatives from the Ministry of Justice are also going to be in attendance and I can assure you that there will be MANY questions raised. The venue had to be changed before Christmas so as to accommodate all those who want to attend.

This new set of rules may well make things worse if they are not careful, and result in the likes of JBW going on a seize and sell spree with random cars.

[CleverClogs]

Re: Marston bailiff help needed ASAP

Can the court still authorise them to use a locksmith or can they still enter my home & levy on goods or what?

Yes.