Marston bailiff help needed ASAP

[L11Marc]

Had a letter from the Magistrate Court telling me I owe £370 which was sent to me around November time. Did not have a clue what it was for so tried to call the number provided for 7 days straight and not once did I get through to anyone to query the letter. Left it that thinking maybe I'll receive more information soon.

Then recieve a letter dated 2nd January 2014 from Marston High Court Enforcement Officers & Certificated Bailiffs which now said I owe £455 (370 fine + 85 fees) and this letter did give me the information that I could not get from the court. It was a ''speeding - exceed 30 mph on a restricted road on 04/02/2010''. If I would of ever been reminded I would of paid the original £60 or £90 whatever it was to save all this hassle.

It told me I had 7 days to pay or bailiffs will attend to levy distress and remove goods for a public auction sale with a minimum further cost of £215. Did not get to this letter as I had been away working.

I then get a phone call on my lunch break at work from a Marston Bailiff on Friday just gone. He introduced himself and told me he was outside my house (which is my mum's house & she is the only 1 listed on the tenancy agreement). He basically said I had to pay which I replied I cant afford to and I would be willing to pay in installments. The best he could offer me was 1 week to pay half which has now turned into £670 so £335 next week & £335 the following week which I can not afford. He said or the only other option is to get a locksmith out, enter the house and take goods up to the £670 ''owed''. I did mention to him that the only possesions I have at the house are basic needs, clothes, bed, wardrobe etc... no ''luxury goods'' but my mum does have luxury items which she has worked hard for ie. Big tv, stereo system etc... He then replied ''the courts dont care as long as they get their money back''

When I got home there was a big red hand posted letter ''FINAL NOTICE'' telling me I had literally this last chance or more costs will be added. He was ok over the phone but he was pretty stern in telling me its either this or locksmiths.

My problems and concerns are can he enter the house with a locksmith even when nobody is in?
If they do gain entry can they take my mums goods even though I have told them their not mine?
Can they take my bed, clothes and other basic needs?

Really stressed out over this as I cannot afford just to pay out £670. Is there any chance I could go to the courts with all my documents and kind of get the fine reduced or put back to its original cost. Really dont know what to do about this and I fear they'll enter the house and I'll come home from work and all my mothers items have been taken.

Thanks in advance

[NotPaying]

Re: Marston bailiff help needed ASAP

Bump

[CleverClogs]

Re: Marston bailiff help needed ASAP

I then get a phone call on my lunch break at work from a Marston Bailiff on Friday just gone.

Was the call made on a landline 'phone, or on a mobile?

He introduced himself and told me he was outside my house (which is my mum's house & she is the only 1 listed on the tenancy agreement). He basically said I had to pay which I replied I cant afford to and I would be willing to pay in installments. The best he could offer me was 1 week to pay half which has now turned into £670 so £335 next week & £335 the following week which I can not afford.

He is a liar.

They are allowed to offer more reasonable terms.

He said or the only other option is to get a locksmith out, enter the house and take goods up to the £670 ''owed''. I did mention to him that the only possesions I have at the house are basic needs, clothes, bed, wardrobe etc... no ''luxury goods'' but my mum does have luxury items which she has worked hard for ie. Big tv, stereo system etc... He then replied ''the courts dont care as long as they get their money back''

He is a liar!

The courts certainly do care if bailiffs levy distress on goods belonging to a third party. The courts don't like that at all.

Once again, we seem to have a case of a Marstons bailiff grossly misrepresenting what he may lawfully do.

When I got home there was a big red hand posted letter ''FINAL NOTICE'' telling me I had literally this last chance or more costs will be added. He was ok over the phone but he was pretty stern in telling me its either this or locksmiths.

He is a LIAR!

My problems and concerns are can he enter the house with a locksmith even when nobody is in?

If he bamboozles the court into giving him permission then, yes.

If they do gain entry can they take my mums goods even though I have told them their not mine?

They shouldn't but, to make sure they don't, get mumsy to swear a Statutory Declararation (SD B on the Useful Letters page - link) before a Notary Public or Commissioner for Oaths, and get several signed, sealed or certified copies. Send one to the court, one to Marstons and keep a few for if/when the lying bailiff visits again.

Can they take my bed, clothes and other basic needs?

Not lawfully but, as this bästärd bailiff has already proved himself to be a liar, who knows what else he might do?

I'll get someone else to look in; he may be able to advise on getting Marstons off the case.

In what area does your mother reside and what is her local police farce?

Also, what was the name of the bästärd bailiff?

[bluebottle]

Re: Marston bailiff help needed ASAP

Hi and welcome to LB.

Clever Clogs has asked me to look in on this thread.

The first thing you need to do is ring the court today and ask to speak to the Court Manager and make them fully aware of this bailiff misrepresenting their powers. Make it quite clear to the Court Manager that you are aware that bailiffs can only take goods belonging to a debtor, not a third party. Also make them aware of the court being uncontactable.

If your financial circumstances have changed since the fine was imposed, gently press the Court Manager for a Means Hearing.

If you get little or no co-operation from the Court Manager, politely inform them that you are escalating the matter to the Area Enforcement Team. Sometimes, but not always, this can "persuade" them to play ball, but there is no guarantee that it will. If this is the case, come back onto this thread for contact details for the Area Enforcement Team. For that, you will need to advise the name of your local police force.

[L11Marc]

Re: Marston bailiff help needed ASAP

Was the call made on a landline 'phone, or on a mobile?


He is a liar.

They are allowed to offer more reasonable terms.


He is a liar!

The courts certainly do care if bailiffs levy distress on goods belonging to a third party. The courts don't like that at all.

Once again, we seem to have a case of a Marstons bailiff grossly misrepresenting what he may lawfully do.


He is a LIAR!


If he bamboozles the court into giving him permission then, yes.


They shouldn't but, to make sure they don't, get mumsy to swear a Statutory Declararation (SD B on the Useful Letters page - link) before a Notary Public or Commissioner for Oaths, and get several signed, sealed or certified copies. Send one to the court, one to Marstons and keep a few for if/when the lying bailiff visits again.


Not lawfully but, as this bästärd bailiff has already proved himself to be a liar, who knows what else he might do?

I'll get someone else to look in; he may be able to advise on getting Marstons off the case.

In what area does your mother reside and what is her local police farce?

Also, what was the name of the bästärd bailiff?

The call was made on a mobile number. The same number was left on the FINAL NOTICE letter

She lives in Liverpool. Local police force is Merseyside

Name of the bailiff is Mr Kavanagh, from Liverpool himself well has the accent anyway

ive been reading alot about Statutory Dec's and things about they have to be done within 21 days of knowing about it etc. which has passed I think but its not been 21 since the bailiff letter

[L11Marc]

Re: Marston bailiff help needed ASAP

Thanks bluebottle

im going to the court tomorrow morning and ive also enquired at a few solicitors regarding statutory dec's

However theres a bit of debate on how quick you have to do them for them to be accepted/valid

[bluebottle]

Re: Marston bailiff help needed ASAP

Marc,

The first question I would ask you is "Where have you been reading about Statutory Declarations?"

I have helped a number of people who have received a letter from Marstons about a conviction they knew nothing about. With this type of situation, the defendant needs to inform the court immediately or as soon as practicable and possible and the court then arranges for the defendant to attend the court and swear a Statutory Declaration which then sets aside (cancels) the conviction.

A Statutory Declaration as to ownership of goods should be done as soon as possible after the need arises to attest as to ownership of the goods.

As for going to court tomorrow morning, you need to ring the Court Manager today. The sooner you act, the sooner Mr Kavanagh can be put back in his box.

One final question, have you been to court for any offence to which this matter may relate? If not, you need to ring the court today.

[L11Marc]

Re: Marston bailiff help needed ASAP

Ive posted on other forums the exact same post and some people have mentioned about stat dec's. I will copy and paste it further down.


I have had other motoring convictions for example no insurance etc. which have been dealt with & sorted within the time frame they should have. But this one I have never been given a court date for or anything like the others.


Here is a paste from another forum:

"Marc

I am sorry to tell you but you COULD have problems.


Firstly, almost all Magistrates Courts insist that Statutory Declarations are made IN PERSON and therefore the normal situation is that they make an appointment for a certain date ( usually about 7-10 days time) for the debtor to attend to swear the Stat Dec.


Sadly there are some internet sites that claim that if a debtor had not known of a court fine that the warrant is REVOKED by filing something called a Section 14 Stat Dec. This is actually NOT true. In the past month we have had quite a few cases where the court have REFUSED to allow the Statutory Declaration to be filed given that the debtor failed to contact the court within the strict time as outlined in the Further Steps Notice !!!


A Statutory Declaration must be filed "within 21 days of becoming aware of the offence". In your case, the court could well argue that you had known of the speeding conviction long ago as you had returned your licence to DVLA to be endorsed.


When the speeding offence took place, were you living at the same address as you are now ( if not, this could assist you in arguing that you had been aware of the matter)."

[L11Marc]

Re: Marston bailiff help needed ASAP

Is it worth contacting the bailiff on his mobile or the main office to let them know about this Stat Decleration or?

[bluebottle]

Re: Marston bailiff help needed ASAP

Could you explain in fuller and better detail about the offence to which the distress warrant relates, please? If you were told you were being reported, you should have received a Notice of Intended Prosecution (NIP) with 14 days of the offence. Also, did you plead guilty by letter? If you did not and were not told of any court hearing, this means correct procedures were not followed.

Not following up the Further Steps Notice (FSN) was a mistake. However, there is a Judicial Review (R -v- South Western Magistrates [on the application of Purnell]) which ruled that where a defendant's means have not been examined, a fine cannot be imposed or enforced. You will need to provide more details about the offence that gave rise to the chain of events that have occurred.

As for the SD, get it first, then tell the bailiff. Expect him to kick off or go into denial and claim he can do what he pleases, regardless of the SD. If he does that, I can provide you with contact details for the HMCTS Area Enforcement Team for the Merseyside area.

[CleverClogs]

Re: Marston bailiff help needed ASAP

The call was made on a mobile number. The same number was left on the FINAL NOTICE letter

But was it made to a mobile or landline number?

She lives in Liverpool. Local police force is Merseyside

Oh.

May God have mercy on her soul.

Name of the bailiff is Mr Kavanagh, from Liverpool himself well has the accent anyway

Noel Kavanagh gained his certificate on 7^th June 2013, at Medway County Court; if that is he, one might ask why he was certificated so far away.

I've been reading a lot about Statutory Dec's and things about they have to be done within 21 days of knowing about it etc. which has passed I think but it's not been 21 since the bailiff letter

I'm going to the court tomorrow morning and ive also enquired at a few solicitors regarding statutory dec's
However there's a bit of debate on how quick you have to do them for them to be accepted/valid

You've managed to get yourself thoroughly confused.

The Statutory Demand to which I alluded would make it less likely that the bailiff would take your mother's stuff - which is why she would have to swear it.

To save you the bother of looking it up again and making the same mistake, here is a copy:
================================================== ================================================
STATUTORY DECLARATION

I, [INSERT NAME] residing at [ADDRESS AND POSTCODE]

make the following declaration under the Statutory Declarations Act 1835:

All items contained within the property at the above address and within it's boundaries, are owned by Mr XXX XXXX & Mrs XXX XXXX . There are no items within the property or it's boundaries belonging to any other person.

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1835, and I believe that the statements in this declaration are true in every particular.

Signed:


Declared at___________________on__________________of __________________________________________________ ____
Before me,

<Signature of person before whom the declaration is made>

Full Name___________________________Qualification______ ______


Address___________________________________________ _______
of person before whom the declaration is made (in printed letters)



__________________________________________________
__________________________________________________
_____________________________________________

================================================== ===========================================

Edit the above to include your mother's details and print it out, then take her to a Notary Public or Commissioner for Oaths to swear that the goods and chattels in her house belong solely to her. Get several photocopies made at the time and get them signed, sealed and/or certified by the lawyer before whom the Declaration was sworn. Send one copy to Marstons by Recorded Delivery or Special Delivery; send another to the court, again using a "signed for" service and keep a few for when Mr Kavanagh next calls round.

[L11Marc]

Re: Marston bailiff help needed ASAP

Could you explain in fuller and better detail about the offence to which the distress warrant relates, please? If you were told you were being reported, you should have received a Notice of Intended Prosecution (NIP) with 14 days of the offence. Also, did you plead guilty by letter? If you did not and were not told of any court hearing, this means correct procedures were not followed.

Not following up the Further Steps Notice (FSN) was a mistake. However, there is a Judicial Review (R -v- South Western Magistrates [on the application of Purnell]) which ruled that where a defendant's means have not been examined, a fine cannot be imposed or enforced. You will need to provide more details about the offence that gave rise to the chain of events that have occurred.

As for the SD, get it first, then tell the bailiff. Expect him to kick off or go into denial and claim he can do what he pleases, regardless of the SD. If he does that, I can provide you with contact details for the HMCTS Area Enforcement Team for the Merseyside area.

It was speeding over 30 which I vaguely remember doing and according to the bailiff I was pulled at the roadside by the police officer who if I remember rightly was going to give me points but instead decided to just fine me. I think this is that case which im still trying to clear up with the DVLA. So as far as a NIP goes I cant remember ever seeing one of those as if this is the case the officer decided just to fine me. I never ever got a court date as in the past years of driving I have been to court for 2 other driving offences & reveived dates & turned up and dealt with them properly.


Yeah it was a mistake. Maybe I should of visited the court instead of ringing, getting no answer & leaving it as that thinking ill hear more. Naive on my part.


From 2010 (date of offence) this is the only letter i have ever received since. All in a space of 2 months (1 court letter explaining the amount due/next steps, 1 bailiff 7 day warning, then 1 bailiff hand delivered final notice). A court date + financial means were never given/asked.


Again im a bit naive on a Statutory Decleration. Is there 2 parts that need to be done? 1 explaining my mums items that belong to her (done in a solicitors and forwarded on to the court & bailiffs)? And 2 another direct to the court explaining my means, no court date given etc?or have i understood that wrong?


Yeah ive got a feeling this bailiff is gona try pull a fast one and try just to do what he likes. This HMCTS Area Enforcement Team are they for a complaint or? Id like to know more about them/their powers


Thanks

[L11Marc]

Re: Marston bailiff help needed ASAP

But was it made to a mobile or landline number?

Yeah it was made to my mobile number

[bluebottle]

Re: Marston bailiff help needed ASAP

It was speeding over 30 which I vaguely remember doing and according to the bailiff I was pulled at the roadside by the police officer who if I remember rightly was going to give me points but instead decided to just fine me. I think this is that case which im still trying to clear up with the DVLA. So as far as a NIP goes I cant remember ever seeing one of those as if this is the case the officer decided just to fine me. I never ever got a court date as in the past years of driving I have been to court for 2 other driving offences & reveived dates & turned up and dealt with them properly.

Okay. Exactly how fast were you going when you were stopped by the police? ACPO guidelines use a formula of the maximum speed limit + 10% + 2 mph. This is to allow for any inaccuracy in a vehicle's speedometer. So if you were going at 35 mph or more, you would be given a Fixed Penalty Notice (FPN) or the chance to argue it out in court.

Yeah it was a mistake. Maybe I should of visited the court instead of ringing, getting no answer & leaving it as that thinking ill hear more. Naive on my part.

From 2010 (date of offence) this is the only letter i have ever received since. All in a space of 2 months (1 court letter explaining the amount due/next steps, 1 bailiff 7 day warning, then 1 bailiff hand delivered final notice). A court date + financial means were never given/asked.

Again im a bit naive on a Statutory Decleration. Is there 2 parts that need to be done? 1 explaining my mums items that belong to her (done in a solicitors and forwarded on to the court & bailiffs)? And 2 another direct to the court explaining my means, no court date given etc?or have i understood that wrong?

The SD your mum swears is to attest as to ownership of her goods. Copies of this are sent to the court and another to the bailiff who, if they are stupid or reckless enough to ignore it, is likely to hang them and Marstons.

What would be helpful is if you could give an account of what happened when you were stopped for speeding. If you were given a Fixed Penalty Notice (FPN), these have to be paid within a certain period of time.

Yeah ive got a feeling this bailiff is gona try pull a fast one and try just to do what he likes. This HMCTS Area Enforcement Team are they for a complaint or? Id like to know more about them/their powers

Hold fire on escalating the matter for the timebeing. We need to find out exactly what has happened first.
Thanks

@@@@

[L11Marc]

Re: Marston bailiff help needed ASAP

I honestly cant remember how fast I was going but id say it was over 35 but nothing stupid. I'll call the dvla tomorrow & get more info to be precise im sure theyll have a record


This SD. Can my mum write it out & give it to me to bring to the correct office/building or does she have to be there & do it in person so they know it is her that has written the full thing out? Earliest I can get this done is Wednesday due to both our working hours if she has to be there


If I remember rightly. If this is the same case I was spoken to by the police officer in the car. I kind of remember him being nice on the day and i literally told him i needed my car for work and if i remember right he basically scrapped the points & gave me a penalty notice. If this was the same incident ( I have had numerous traffic/road incidents) and this is the only 1 I remember being pulled for there & then (as the bailiff said this happened) so it must be this one


So thinking back i dont think i was given points because i apologised to the officer & said to him i need my car/licence for work and he settled on a penatly notice at the road side but i could be wrong (will call the dvla to confirm)