house keeper v Marstons ref Fine

[house keeper]

I had a notice from Marston just on Christmas stating that my fine had not been paid and that they will be removing goods to the amount owed on the fine that was ment going out of my Jsa when I was unemployed now the thing is I moved in with my partner and own nothing its all his but now we have moved in to a house in my name the bailiff has said unless he can prove by receipt that it is all his they will take the goods
I wrote my partner a receipt for all the goods in the house as we could not find them all will this hold up or not as the bailiff has said that he is coming this weekend I.E today or tomorrow
I have offered him payments but he said he cant take that it has to be in full ? Can anyone help as I have never had this before

[bluebottle]

Re: Distress warrant.

I had a notice from Marston just on Christmas stating that my fine had not been paid and that they will be removing goods to the amount owed on the fine that was ment going out of my Jsa when I was unemployed now the thing is I moved in with my partner and own nothing its all his but now we have moved in to a house in my name the bailiff has said unless he can prove by receipt that it is all his they will take the goods
I wrote my partner a receipt for all the goods in the house as we could not find them all will this hold up or not as the bailiff has said that he is coming this weekend I.E today or tomorrow
I have offered him payments but he said he cant take that it has to be in full ? Can anyone help as I have never had this before

Which county are you in and what is the name of the bailiff involved, please?

[CleverClogs]

Re: Distress warrant.

we have moved in to a house in my name

Do you mean that the house is rented only in your name?

the bailiff has said unless he can prove by receipt that it is all his they will take the goods

He would say that, wouldn't he?

Needless to say, he is a liar.

I wrote my partner a receipt for all the goods in the house as we could not find them all will this hold up or not as the bailiff has said that he is coming this weekend I.E today or tomorrow

See above - he is a liar.

However, a mere signed receipt for the goods is unlikely to work. What is needed is a Statutory Declaration of ownership, properly and lawfully sworn before a Notary Public or Commissioner for Oaths. Use the second declaration - B - on the "Useful Letters" page ---> link

Get several signed or sealed, certified copies. You'll need to send one (by Special Delivery or Recorded Delivery) to the bailiff company, another to the court and keep some more for when the bästärd bailiff calls.

I have offered him payments but he said he cant take that it has to be in full

That's probably because he is a liar.

[bluebottle]

Re: Distress warrant.

Yet another Marston employee misrepresenting their powers. How many such cases have appeared on the LB forums this week? The other question is whether Marstons are trying their hardest to lose rather than retain their contract with HMCTS.

[bizzybob]

Re: Distress warrant.

Yet another Marston employee misrepresenting their powers. How many such cases have appeared on the LB forums this week? The other question is whether Marstons are trying their hardest to lose rather than retain their contract with HMCTS.

How many more cases will it take befolre they get the kicking they deserve?

[wales01man]

Re: Distress warrant.

Question must be do marstons actually know of these rogue bailiffs?

If they read LB they would knowbut without bailiff names no doubt they don't give a f---

[bluebottle]

Re: Distress warrant.

I have, in the past 48 hours, brought the thread concerning Collectica to the attention of a contact at HMCTS and if the OPs in threads where Marstons are misrepresenting their powers or acting without lawful authority want their threads brought to the attention of HMCTS also, then I can do so. However, I will not do so without the OPs concerned having first indicated that is their wish.

[house keeper]

Re: Distress warrant.

Bath Somerset its a Mr Wilsher that is coming here

[house keeper]

Re: Distress warrant.

its rented .. council in my name

[bluebottle]

Re: Distress warrant.

Thank you for that, House Keeper. You are in the Avon and Somerset Police area. I have heard of Mr Wilsher. Have you spoken to the court that issued the distress warrant yet? If not, do so first thing Monday morning. If they start singing the "Speak to the Bailiff" song, ask to speak to the Court Manager. If they are also unco-operative, then you will need to escalate the matter to the HMCTS Area Enforcement Team who, for your area, are based at Plymouth.

Communications to HMCTS Area Enforcement Teams are best made by email, though, in an emergency, telephone contact can be used. The contact details you require are

Email: De-BodminMCEnf@hmcts.gsi.gov.uk
Tel.: 01752 641470

If you need to email, put "For attn. of Senior Enforcement Manager or Service Delivery Manager" in the subject box of your email browser. Quote the following at the head of the email -

Defendant: Your Full Name
Defendant's Address on Conviction: As it was when the fine was imposed
Defendant's Current Home Address: Your address as it is at present
Date of Birth of Defendant: Your date of birth
Court: The name of the court that imposed the fine
Court Reference: This should be on the letter from Marstons

I would suggest something along the lines of -

On [date], a Mr Wilsher, a certificated bailiff in the employment of Marston Group Limited, posted a notice through my door in connection with a court fine imposed on me by [Name of Magistrates Court] on [date]. On contacting Wilsher, it was made known to him than the goods in my current home address are the property of my partner. Wilsher then claimed that unless my partner could provide receipts for all of his goods, he would take them.

It is my understanding that a distress warrant issued under Rule 52.8, Criminal Procedures Rules 2011 authorises a bailiff to take goods belonging to a defendant only and that a bailiff may not take any goods belonging to a third party. It is, therefore, evident that Wilsher has misrepresented his powers and the authority under which he is purporting to act.

My partner is making arrangements to swear a Statutory Declaration as to ownership of his goods

May I respectfully remind H.M. Courts and Tribunals Service (HMCTS) that Section 6(1), Human Rights Act 1998 states -

"It is unlawful for a public authority to act in a way which is incompatible with a Convention right"

"A Convention right" means rights conferred by the European Convention on Human Rights which are inalienable and inviolate. "Public Authority" includes any commercial entity performing the functions of a public authority. HMCTS is a public authority, as is Marston Group Limited whilst acting for HMCTS.

Article 1 of the First Protocol of the Convention prohibits a public authority depriving a person of their possessions, except under certain circumstances. As my partner is not a defendant and owes no money to HMCTS and the distress warrant authorises seizure of a defendant's goods only, any attempt by Wilsher to seize and remove the possessions of my partner on behalf of HMCTS would be unlawful."

If your financial circumstances have changed since the fine was imposed, I would recommend you add the following -

"My financial circumstances have changed since the imposition of the fine at [Name of Magistrates Court] on [date] and I respectfully request that a Means Hearing be arranged with a view to a Variation Order being made."

Hope this helps.

On the whole, HMCTS Area Enforcement Teams are very helpful.

[house keeper]

Re: Distress warrant.

Thank you I will do this straight away thank you for you're help

[bluebottle]

Re: Distress warrant.

House Keeper,

Only get the Area Enforcement Team involved if the staff and manager at the magistrates court are unco-operative. If you have already tried to speak to the staff at the court and gotten nowhere, email the Area Enforcement Team. There are two more levels above the Area Enforcement Team, but most matters are resolved at either court or Area Enforcement Team level.

Hope this helps.

[house keeper]

Re: Distress warrant.

Thank you guys
as it happened he didn't come this weekend and no text from him either so don't know when he will be here now

[CleverClogs]

Re: Distress warrant.

don't know when he will be here now

One might speculate where he ought to be.

I'd remove the stuff about the Human Rights Act from the letter suggested by bluebottle, as it might risk confusing the recipient(s) about the nature of your complaint.

[bluebottle]

Re: Distress warrant.

One might speculate where he ought to be.

I'd remove the stuff about the Human Rights Act from the letter suggested by bluebottle, as it might risk confusing the recipient(s) about the nature of your complaint.

Just reviewed the letter you refer to, Cloggy. Agree with regard to HRA. I forgot it is going to the Area Enforcement Team. If it has to go to any of the higher levels, i.e. Regional or headquarter's level, then HRA should be mentioned in any communication, especially if it reaches the Correspondence, Complaints and Litigation Unit in London.

Hopefully, the Area Enforcement Team should be able to sort out the issues raised by the OP. The majority of disputes involving private-sector civil enforcement acting for HMCTS are normally resolved at this level. It is rare for matters to be escalated higher.