What to do when a bailiff arrives?

[littlemidget]

Hey everyone I'm a new user and just looking for a bit of advice.
So I have a CCJ that was being paid out of my benefit but since they stopped I was paying on a payment card - I missed one payment and now I have marsdons on me. They left a letter as I wasn't in. I have asked the courts to hold my account in case I can get the £400 odd that they want which they have done.
I'm just worried that I wont be able to get the money and they will visit back.
I called payplan this afternoon to see what they said and they advised me NOT to open the door and that they will finally agree either to a payment plan I can afford or it will be passed back to the courts.
I was just wondering what anyone else was thinking?
This isn't my house either it is my mum and dads and its my mums car on the drive as I don't even have a licence.
I was wondering if when it goes back to court will they start taking it out of my benefit again ( as it has started back up again now)

I look forward to hearing from you!!

[ploddertom]

Re: What to do when a bailiff arrives?

This is a Magistrates Court Fine (criminal) & not a CCJ (civil). There is a big difference to what they can & can't do. First & foremost are your parents aware of the situation? If not then you are going to have to tell them.

The Enforcement Agent may only seize the goods of the debtor. I assume in your case you would have very little and the majority of things belong to your parents. They in turn should make a Statutory Declaration as to ownership of goods both within and outside the home.

Whatever happens do not let him in. Before Marstons became involved did the Court write to you and ask you brought your account up to date? What date did Marstons visit?

[littlemidget]

Re: What to do when a bailiff arrives?

Yes my parents are fully aware of the situation, how much does it cost to get a declaration done and how would they go about getting it done?

Why is it a criminal one? I know this sounds silly but I have a 7 month old baby that I am fully responsible for - if this is criminal is there any possibility of a custodial sentence? :/

I didn't even know that I was paying the fine or infact that I had been fined until it was being taken out of my benefit and as I had moved addresses I didn't get a court summons either. when my benefit stopped I called them up to continue paying but then I missed a payment and received the letter from the courts saying that it had been passed over to Marstons the same day that Marstons arrived which was the 15th May so 2 days ago.

Will it get passed back to court to be taken out of my benefit again?
Thanks for replying

[littlemidget]

Re: What to do when a bailiff arrives?

P.S all I have in this house is my babys room bits so her cot changing table wardrobe and toys and then my bed everything else is my parents.

[bluebottle]

Re: What to do when a bailiff arrives?

Hold on. You say you were paying from benefits. Was an Attachment of Benefits Order in force? If it was, the court cannot use distress as well. That is unlawful.

[ploddertom]

Re: What to do when a bailiff arrives?

Yes my parents are fully aware of the situation, how much does it cost to get a declaration done and how would they go about getting it done? Costs about £10 and can be done at just about any solicitor - no appointment usually needed.

Why is it a criminal one? You need to read the letter Marstons have sent and see who they are acting for, better still scan and upload it here so we can see but remove all personal info first. I know this sounds silly but I have a 7 month old baby that I am fully responsible for - if this is criminal is there any possibility of a custodial sentence? :/ With Court fines there is always that possibility but it won't come to that.

I didn't even know that I was paying the fine or infact that I had been fined until it was being taken out of my benefit and as I had moved addresses I didn't get a court summons either. when my benefit stopped I called them up to continue paying but then I missed a payment and received the letter from the courts saying that it had been passed over to Marstons the same day that Marstons arrived which was the 15th May so 2 days ago. Sounds to me as if there has been a breakdown in communications

Will it get passed back to court to be taken out of my benefit again?
Thanks for replying

Have you ever been questioned by someone from TV Licensing as it sounds all to familiar. As said above we need to know who the Claimant is.

[bluebottle]

Re: What to do when a bailiff arrives?

If Marstons are involved, it ain't going to be a CCJ. HMCTS can only just about trust them with collecting unpaid magistrates court fines. I would think they trust Collectica even less, given Collectica's propensity for being economical with the actualities and ignoring instructions from HMCTS to suspend enforcement action.

[FlamingParrot]

Re: What to do when a bailiff arrives?

If Marstons are involved, it ain't going to be a CCJ. HMCTS can only just about trust them with collecting unpaid magistrates court fines. I would think they trust Collectica even less, given Collectica's propensity for being economical with the actualities and ignoring instructions from HMCTS to suspend enforcement action.

And if it was being paid as a deduction from benefits, it most certainly couldn't have been a CCJ, since deductions from benefits are only possible for priority debts such as magistrates fines, council tax, maintenance/CSA or utility arrears.

So I have a CCJ that was being paid out of my benefit but since they stopped I was paying on a payment card - I missed one payment and now I have marsdons on me. They left a letter as I wasn't in. I have asked the courts to hold my account in case I can get the £400 odd that they want which they have done.
I'm just worried that I wont be able to get the money and they will visit back.
I called payplan this afternoon to see what they said and they advised me NOT to open the door and that they will finally agree either to a payment plan I can afford or it will be passed back to the courts.

As above, deductions from benefits do not apply to CCJs.

Any assignment of your state benefits or pension is void and unenforceable. That is to say, no person or organisation can collect your state benefits/pension in your place as settlement of a debt (subject to certain exceptions involving state institutions). As a result, you could not instruct the DWP to pay your benefits to a 3rd party, and a 3rd party could not enforce any agreement that gives your state benefits to them..

Did Payplan not mention the fact a deduction from benefits was likely to be for something other than a CCJ? :confused2:

Why is it a criminal one? I know this sounds silly but I have a 7 month old baby that I am fully responsible for - if this is criminal is there any possibility of a custodial sentence? :/

I didn't even know that I was paying the fine or infact that I had been fined until it was being taken out of my benefit and as I had moved addresses I didn't get a court summons either. when my benefit stopped I called them up to continue paying but then I missed a payment and received the letter from the courts saying that it had been passed over to Marstons the same day that Marstons arrived which was the 15th May so 2 days ago.

Fines are the most common penalty for criminal offences not serious enough to merit a custodial sentence. There is a process as detailed here: https://www.nationaldebtline.org/EW/...s/Default.aspx

How long were you paying this debt out of your benefits? If you don't know anything about a fine, could it be child maintenance payments?

[bluebottle]

Re: What to do when a bailiff arrives?

Did you know anything about any court hearing when Marstons "introduced" themselves? If you did not, this sounds like a very dodgy magistrates court conviction by someone like TV Licensing, as alluded by Ploddertom.

[ploddertom]

Re: What to do when a bailiff arrives?

Did you know anything about any court hearing when Marstons "introduced" themselves? If you did not, this sounds like a very dodgy magistrates court conviction by someone like TV Licensing, as alluded by Ploddertom.

Or another dodgy DVLA one.

[bluebottle]

Re: What to do when a bailiff arrives?

Neither would surprise me, PT. It is high time HMCTS staff acquired some stronger backbone and started asking awkward questions about anything submitted to courts by DVLA and Capita/TV Licensing. It is also high time police officers stopped accepting documents purporting to be warrants of entry from utility companies trying to install key meters to jack up their revenue.

[littlemidget]

Re: What to do when a bailiff arrives?

Hey everyone thanks for all your replies!
yes this is a TV licence debt.

it was being taken out of my benefit yes but the my benefit stopped and then I started to pay by payment card because I knew it was important, although I don't know why action wasn't taken earlier in the year because my income support stopped in January and then I didn't start paying by card until march and no one had contacted me but I didn't want to get into trouble so I rang and started to pay. I wish I hadn't now and let them sort it out!

No I didn't know anything about court before marstons arrived.

Also with regards to the declaration could I get it done for them? just my dad is disabled and my mum works 12 hr shifts so they wont be able to get it done until next week and although my account is on hold for 2 weeks but I know they prob wont take much notice of it.

the deductions defo were for the courts also its defo not child maintenance as her father pays me directly.

Can anyone give me what they think will happen now just so I can prepare myself - I know my parents have to go to the solicitor and get the declaration but what will happen after that?

[bluebottle]

Re: What to do when a bailiff arrives?

Littlemidget,

Did Capita/TV Licensing tell you they may or would be taking you to court AT ALL? Also, could you confirm if you received a court summons?

[littlemidget]

Re: What to do when a bailiff arrives?

Hey bluebottle
Nope I didn't have any court summons at all - I wasn't living at the address they must of sent the summons to.

when the guy from TV licence came over he said I may get a fine because I had no TV licence for like 2 or 3 days but didn't hear anything about it and this was like 2 years ago now!

[bluebottle]

Re: What to do when a bailiff arrives?

Thank you, Littlemidget. It appears Capita/TV Licensing have done their usual and mislead the court and obtained a default conviction by serving documents at an address they probably knew you did not reside at, particularly if you told them of any change of address, in which case, it could be argued they did not serve the summons correctly. If you did inform them of a change of address, Capita/TV Licensing have not served proceedings correctly and the conviction should not be allowed to stand. However, you have paid fines, albeit in ignorance, but you should seek legal advice from a Law Centre, if you have one near to where you live. However, there is a 21-day time-limit for challenging fines resulting from proceedings you did not know from the date you first learn of the hearing at which the fine was imposed.