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Woke up to Marston bailiff clamping car now worried about what will happen next
Hello everyone,
I woke up on Saturday morning at 6am to loud clanking outside my house. On peering out the window, there was a bailiff, fitting a clamp to my car whilst peering behind at my home. Obviously half asleep, it took me a minute or so to come around and realize what was going on. I woke my partner up who put on some clothes and went downstairs to confront him. The bailiff went onto say that he was chasing up a debt for HMCTS in my name. I came downstairs and spoke with him and he explained that the debts were due to me being convicted for driving with no insurance back in April 2005 and then skipping bail in January 2006.
Now I am aware how irresponsible and stupid it was to drive without insurance and am deeply embarrassed and ashamed of myself for committing such a serious act, and that I was a danger to the public. At the time, I was living in a womens refuge with my 6yr old Son due to a complicated relationship. I was not thinking straight as I decided to use my sisters car to drop my Son off at school that morning as we were running late. That was when I got caught by the Police.
I never heard anything over the years and have moved a few times since then, and to be totally honest, I forgot all about the fine altogether.
Now all I want to do is pay this debt off, but I cannot afford to do that in one payment, which is what Marston's want. I spoke to the bailiff that morning and he said he had impounded my car, he asked whether it was fully paid for or was it financed. I explained that it was on hire-purchase and that it was fitted with a passcode device that we had to reset once we paid an installment towards it every month. The bailiff replied saying it didn't matter, he was still able to take it to sell at auction. He asked for the payment in full, which is now at £625. I informed him that there was no way in the world that I had that sort of money but offered to pay in installments. He refused saying he wanted the whole amount saying he would give me until Monday (today) to find the funds. He then said that he would remove the clamp as he heard my partner in the background mentioning about how he would travel to his places of work if he was leaving the clamp on. He said that if we tried to hide the car in the meantime, I would be guilty of theft and that is was now the courts property until the debt was paid off.
So this morning I have called a National Debtline advisor who went through all my incomings and outgoings on a budget sheet and said that we would be left with roughly £70 a month to pay Marstons off. He told me not to contact Marstons, even though I told him that the bailiff demanded I call today with full payment or he would take the car. The advisor said in the meantime, I should write a letter to the fines and fees officer at HMCTS asking them to take the debt back as Marstons were refusing accepting installments. In the meantime, the advisor was sending me out a copy of the budget sheet and said should the bailiff show up again, I was to go outside and show him it.
Whilst chatting to the advisor, he mentioned to question the balance of the debt so I took it upon myself to call Magistrates court to find out exactly what I owed. After numerous attempts, I got through to a lady from the fines dept, I explained the situation and she explained that the fine was for £300 for driving with no insurance, and there was an extra £25 on top of that for missing bail. So altogether £325. Now Marston are asking for £625! I understand that they have fees but £300 worth of fees when it is the first time they have contacted me?
The lady at the courts said that I should be classed as 'vulnerable' due to my personal circumstances and health and that Marstons should refer the debt back to them. She said if this happens, they will contact me and allow me to pay in installments but until that happens, there was nothing more she can do. She also said that the advice that the National Debt Line had given me was wrong and that I cannot write to the fees and fines officer to ask them to return the debt back as it is a criminal debt.
Once realizing that maybe the advisor from NDL might have given me wrong information, i took it upon myself to text the bailiff with an offer of £50 a month and that I would be sending out a letter offering this and with a copy of my budget sheet. That was this morning, I have not had anything back yet.
What worries me the most is that the bailiff said on Saturday that the laws were changing today as to what a bailiff can take and that I needed to get this money together by Monday to stop him seizing the vehicle and occurring more charges.
So what happens now? Is it likely I am going to wake up in the morning to no car? Does he have the right to take the car because I haven't paid him fully today?
I am scared. I have a 14yr old and a 4yr old and they were petrified the other morning when he was stood at the door shouting his rights.
I want to pay this off but I just don't have that sort of money straight away, we are currently in arrears with a couple of other bills and are struggling to make ends meet due to trying to pay these off also.
Any help or advice would be greatly appreciated - I have read a few threads but due to the change of law for bailiffs, I am unsure if the advice is valid.
Thank you in advance..:tinysmile_kiss_t4:
I woke up on Saturday morning at 6am to loud clanking outside my house. On peering out the window, there was a bailiff, fitting a clamp to my car whilst peering behind at my home. Obviously half asleep, it took me a minute or so to come around and realize what was going on. I woke my partner up who put on some clothes and went downstairs to confront him. The bailiff went onto say that he was chasing up a debt for HMCTS in my name. I came downstairs and spoke with him and he explained that the debts were due to me being convicted for driving with no insurance back in April 2005 and then skipping bail in January 2006.
Now I am aware how irresponsible and stupid it was to drive without insurance and am deeply embarrassed and ashamed of myself for committing such a serious act, and that I was a danger to the public. At the time, I was living in a womens refuge with my 6yr old Son due to a complicated relationship. I was not thinking straight as I decided to use my sisters car to drop my Son off at school that morning as we were running late. That was when I got caught by the Police.
I never heard anything over the years and have moved a few times since then, and to be totally honest, I forgot all about the fine altogether.
Now all I want to do is pay this debt off, but I cannot afford to do that in one payment, which is what Marston's want. I spoke to the bailiff that morning and he said he had impounded my car, he asked whether it was fully paid for or was it financed. I explained that it was on hire-purchase and that it was fitted with a passcode device that we had to reset once we paid an installment towards it every month. The bailiff replied saying it didn't matter, he was still able to take it to sell at auction. He asked for the payment in full, which is now at £625. I informed him that there was no way in the world that I had that sort of money but offered to pay in installments. He refused saying he wanted the whole amount saying he would give me until Monday (today) to find the funds. He then said that he would remove the clamp as he heard my partner in the background mentioning about how he would travel to his places of work if he was leaving the clamp on. He said that if we tried to hide the car in the meantime, I would be guilty of theft and that is was now the courts property until the debt was paid off.
So this morning I have called a National Debtline advisor who went through all my incomings and outgoings on a budget sheet and said that we would be left with roughly £70 a month to pay Marstons off. He told me not to contact Marstons, even though I told him that the bailiff demanded I call today with full payment or he would take the car. The advisor said in the meantime, I should write a letter to the fines and fees officer at HMCTS asking them to take the debt back as Marstons were refusing accepting installments. In the meantime, the advisor was sending me out a copy of the budget sheet and said should the bailiff show up again, I was to go outside and show him it.
Whilst chatting to the advisor, he mentioned to question the balance of the debt so I took it upon myself to call Magistrates court to find out exactly what I owed. After numerous attempts, I got through to a lady from the fines dept, I explained the situation and she explained that the fine was for £300 for driving with no insurance, and there was an extra £25 on top of that for missing bail. So altogether £325. Now Marston are asking for £625! I understand that they have fees but £300 worth of fees when it is the first time they have contacted me?
The lady at the courts said that I should be classed as 'vulnerable' due to my personal circumstances and health and that Marstons should refer the debt back to them. She said if this happens, they will contact me and allow me to pay in installments but until that happens, there was nothing more she can do. She also said that the advice that the National Debt Line had given me was wrong and that I cannot write to the fees and fines officer to ask them to return the debt back as it is a criminal debt.
Once realizing that maybe the advisor from NDL might have given me wrong information, i took it upon myself to text the bailiff with an offer of £50 a month and that I would be sending out a letter offering this and with a copy of my budget sheet. That was this morning, I have not had anything back yet.
What worries me the most is that the bailiff said on Saturday that the laws were changing today as to what a bailiff can take and that I needed to get this money together by Monday to stop him seizing the vehicle and occurring more charges.
So what happens now? Is it likely I am going to wake up in the morning to no car? Does he have the right to take the car because I haven't paid him fully today?
I am scared. I have a 14yr old and a 4yr old and they were petrified the other morning when he was stood at the door shouting his rights.
I want to pay this off but I just don't have that sort of money straight away, we are currently in arrears with a couple of other bills and are struggling to make ends meet due to trying to pay these off also.
Any help or advice would be greatly appreciated - I have read a few threads but due to the change of law for bailiffs, I am unsure if the advice is valid.
Thank you in advance..:tinysmile_kiss_t4:
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