Marston removal notice v magistrates attachments of earnings order.... confused!

[confusedandconcerned]

Hi all,

I really hope someone can help me!
I have an outstanding fine from Hants & IOW Magistrates Court for no tv licence.
I had been paying it but completely forgot about it until 27th May when I received an Attachment of Earnings letter from the courts, confirming they will be taking the remainder of the fine from my earnings.

I thought nothing more of it until today, when I've come home from work and received a hand delivered Removal Notice letter from Marstons Bailiff. I contacted the bailiff to confirm who the debt was owed to, and they confirmed they had a warrant issued from Hants & IOW Courts, and that they'd be out tomorrow to remove my goods.

I tried to contact the courts and was in the queue for 20 minutes until they hung up on me (After 5pm) to find out what's going on, as i had received no further notifications since this attachment of earnings letter....

Why concern is what do I do tomorrow? I am phoning the courts again in the morning when they open, and have told the bailiff that I have an attachment of earnings letter but she said its too late, they have a warrant and will be around tomorrow to remove my goods.

Also, I think my car is safe as I am only down as registered driver, the car is on HP so the legal owner is the finance company. Does this mean they can't touch the car?

I'm really scared now, as I honestly don't know what to do!

Can anyone help?
Thank you so much in advance

[bizzybob]

Re: Marston removal notice v magistrates attachments of earnings order.... confused!

I think HMCS have messed up if they have an AOE, they cannot send bailiffs, phone them first thing and ask the court what is going on, as if they are taking the fine via an attachment the EA should not even be involved.

[confusedandconcerned]

Re: Marston removal notice v magistrates attachments of earnings order.... confused!

thank you, that's what I thought. My worry though is I have tried to speak with Marston who have said they will carry on proceedings until they hear from the court. The bailiff said they are coming tomorrow.

I have also mentioned to Marstons that I haven't received any communication from then until today, and that they had to provide me with at least 7 full days notice, but they claim they sent a letter to me dated the 12th of May. However, the attachment of earnings letter received from the courts was dated 27th May! I'm so confused!!!

[bluebottle]

Re: Marston removal notice v magistrates attachments of earnings order.... confused!

I have helped someone with a very similar case, but in South West England.

A defendant cannot be subjected to two different forms of enforcement for the same matter at the same time. The law, quite simply, does not allow it. As Bizzybob has correctly pointed out, someone at the court has cocked-up. Ring the court first thing tomorrow morning without fail and ask what is going on. If the Attachment of Earnings Order pre-dates Marstons muscling in, the AoEO takes precedence. If Marstons turn up tomorrow, ring the police on 999.

[confusedandconcerned]

Re: Marston removal notice v magistrates attachments of earnings order.... confused!

thank you.

What if Marstons pre-dates the AoE? Marstons told me they sent out a letter to me on 12th May, but I have received nothing... as expected they weren't overly helpful, and when I asked them for a copy of this letter to be sent to me by email they said they couldnt do that... I am praying that the AoE came first and that this will all be cleared up in the morning, but I will continue to feel sick to the stomach and suspect I won't sleep well until then

[bluebottle]

Re: Marston removal notice v magistrates attachments of earnings order.... confused!

When dealing with bailiffs, remember these two words... Bailiffs Lie

Check with the court first thing tomorrow morning without fail. It sounds like a cock-up by court staff. I would not be surprised if the date on the letter Marston are claiming they have sent is 12 June, not 12 May. Also, you should have been sent a document called a Further Steps Notice before bailiffs can become involved. If you haven't received this, treat what Marstons say with suspicion.

[confusedandconcerned]

Re: Marston removal notice v magistrates attachments of earnings order.... confused!

that's what I thought, thank you again, sooo much! Will update tomorrow after I speak with the courts

[confusedandconcerned]

Re: Marston removal notice v magistrates attachments of earnings order.... confused!

great news!! There was a mix up (an error on their automated system) and the warrant is being revoked... the attachment of earnings did come first. If the bailiffs turn up, which they may still do, I have to tell them to contact the courts and they will be informed over the phone.

I just wanted to update you here and say a huge thank you for your help last night!

[bluebottle]

Re: Marston removal notice v magistrates attachments of earnings order.... confused!

You're welcome.

The court staff should now fax Marstons to recall the Distress Warrant from them. It is Marston's responsibility to inform their EA of this.

If the EA does turn up, do as the court staff have advised. If the EA ignores this and attempts to bully or intimidate you or attempts to seize your car, which he shouldn't due to it being on HP and, therefore, third-party goods, call the police on 999 and tell them to check with the court to confirm what you are saying.

Once a Distress Warrant is recalled, an EA's authority to act under the warrant ceases, that is, they have no lawful authority to act.

[bizzybob]

Re: Marston removal notice v magistrates attachments of earnings order.... confused!

Great news, hopefully the Marstons EA will see sense if he turns up. if not do as bluebottle suggests, and call the police, as the bailiff is effectively stealing your car if he tries to take it.

[confusedandconcerned]

Re: Marston removal notice v magistrates attachments of earnings order.... confused!

thank you, will definitely do that. no sign of them so far, thankfully! I did consider contacting the EA, but thought against it as I want as little to do with them as possible!!

[bluebottle]

Re: Marston removal notice v magistrates attachments of earnings order.... confused!

EAs lurk around between 6am and 9pm. They have to be back in their coffins by 9pm, otherwise they turn to dust (Daytime Vampires).