bailiff issues

[gemma665]

hi bare with me im new to this. I have a problem with marston bailiffs they have put a letter in my door to say they will be around this weekend to remove my goods. or they want 540quid in full immediately. I have 2 children and currently 7 months pregnant I have spoken to them and told them this and tried reasoning with them but they said its not there problem. I offerd to make a payment plan but they wont except it. I did have a job but am currently not working now and back on benefits because I was off work a lot with this pregnancy as I have been really ill throughout it. I have heard they are not allowed to break in or use forced entry is this true? im really stressed with all of this at the moment and scared I will slip back into depression as im a high risk to it and that's the last place I want to be. I need to no what I can do and what they can do? I went to citizens advice and they told me not to let them in and they spoke to the courts on my behalf and the courts said they are allowed to break in with us hear or not. is this true? they said if they cant find the value of money in our flat that they may give it back to the courts. please help

[CleverClogs]

Re: bailiff issues

Thank you for posting and welcome to the forum!

We'll try to help if we can, but a little more information is needed first.

How was the alleged debt incurred? Is it Council Tax, a parking penalty or a Criminal Fine?

[gemma665]

Re: bailiff issues

they told me it was to do with a tv license. but I have no recognition of having any courts letters ect. just letters from marstons

[CleverClogs]

Re: bailiff issues

The obvious question to ask is, "Do you have a TV Licence?"

[gemma665]

Re: bailiff issues

yes I have a tv license. they said its dating from 2011 and I had not long moved into the property so I was just sorting everything out at the time

[CleverClogs]

Re: bailiff issues

Were you visited by a TV Licensing goon from Capita?

Did you receive any letters regarding prosecution?

[gemma665]

Re: bailiff issues

yes I was visited by a tv license guy to issue me a card to pay at the pay points. and I cant remember ever recieveing prosecution letters. 1 minute we were fine then the next we just started having bailiffs letters through the door

[CleverClogs]

Re: bailiff issues

So it seems that Crapita has done it again - you've been prosecuted and convicted for having no TV Licence, but nobody bothered to tell you!

The fine imposed was £240 which, as you were not informed about it, you didn't pay. This may be because the Courts' computer system is a load of rubbish and not really fit for its purpose. Then it was sent to Marstons to collect, whereupon they added £85 as they are permitted to do, and then another £215 merely for visiting. Yes, they may be permitted to force entry but they'd need to get permission beforehand.

Ideally, you'd like the conviction to be cancelled or quashed, as you'd not even been notified of the prosecution.

What was the name of the boorish bailiff?

Did you tell him you are pregnant?

[gemma665]

Re: bailiff issues

hes put his name on the letter as mr cooke. and yes I told them I was pregnant and on benefits and there response was that it wasn't there problem.

[CleverClogs]

Re: bailiff issues

hes put his name on the letter as mr cooke. and yes I told them I was pregnant and on benefits and there response was that it wasn't their problem.

That response may denote Mr Cooke's attitude problem, as you would be classed as "vulnerable" and should have been passed to Marstons's "welfare department".

However, I have encountered so many cases where that has not happened that I am inclined to believe that their "welfare department" was only set up as shop dressing to help them win various council and Court Service contracts, and that it is rarely (if ever) expected to be used.

I have sent a note to someone who knows more than I about the way Crapita and the Courts Service works.

[CleverClogs]

Re: bailiff issues

hes put his name on the letter as mr cooke

Cook or Cooke?

What are his initials?

[gemma665]

Re: bailiff issues

thank you will be great help

[gemma665]

Re: bailiff issues

its cooke. there is no initials on the letter.

[ploddertom]

Re: bailiff issues

If you have no knowledge of the conviction then you should contact the Court ASAP and ask to make a Statutory Declaration to this effect.

[CleverClogs]

Re: bailiff issues

He's not on the Bailiffs' Register:



The Register could be wrong, or the bailiff may have given the wrong name.