Marstons bailiffs and a TV Licence fine

[natant24]

Hi all, I am writing this on behalf of my partner.

We had some relationship problems and he moved out for a while and back in again and during this time the TV licence didnt get paid, subsequently it went to court, OH buried his head in the sand and even when the fine came through did nothing about it.

Got a letter from Marstons saying that he needs to pay or make an arrangement with them. He rings them, tells them he is now unemployed and looking after me as ive just had a hip replacement 5 weeks ago, and they said to him, he needs to pay 30% now and then £51 a week for 8 weeks. He only has 8 weeks to completely discharge this debt, and with no one in the house working and 2 young children to look after it is just not going to happen!!

I understand because this is a court issued fine, these people can break in, which I am absolutely terrified of, but is the 8 week deadline right?

The original fine was issued in August of this year and was for £340, with the bailiffs compliance fee it is now £415 which I know they can do, but they will not budge on this 8 weeks and have said, agree with us now or we are going to send someone out, to the tune of an extra £235, and as we all know, they will not agree anything with him neither, it will just end up as a break-in, with massive costs added on and all our goods taken away.

Please help!!!

[ploddertom]

Re: Marstons bailiffs and a TV Licence fine

Did he know about the original offence?
Did he attend Court?
Has he submitted a means test to the Court?
Did he receive a Further Steps Notice from the Court?
I am alarmed to hear that if the Court case was only last month he is at this point now - something not right.

[natant24]

Re: Marstons bailiffs and a TV Licence fine

The first he heard about it was this letter from the bailiff so he has not been to court or submitted any means tests to them. He was between addressess for about 2 months so did not receive his mail regularly. The letter from the bailiff says original judgment was July 9th but when he spoke to someone before, they said the court case was last month. He got the letter from the bailiff 2 days ago. We are in serious trouble here aren't we?

[Kati]

Re: Marstons bailiffs and a TV Licence fine

We are in serious trouble here aren't we?

Not really :tinysmile_twink_t2: - the bailiff regulations changed on April 6th this year, meaning they cannot now break into your property (or enter via a window etc...) without first going back to the courts. Have a look at the regulations here (http://www.legalbeagles.info/forums/...s-to-registers)

Kati x

[natant24]

Re: Marstons bailiffs and a TV Licence fine

Thanks Kati, I had a read of that and am going to print it off, OH is going to the CAB tomorrow morning to see if they can do anything about it. I am disabled and he is unemployed so I read that as we are classed as vulnerable people so must assess our case on that basis. I just dont want one of these horrible people turning up on my doorstep, and then adding on more fees which we will still be unable to pay.
Thanks again

[Kati]

Re: Marstons bailiffs and a TV Licence fine

http://www.adviceguide.org.uk/englan...our_home_e.htm

You don't have to let a bailiff into your home, even if they say that you do. However, if you want to stop bailiff action, you will need to take steps to deal with the debt you owe. You could do this by contacting your creditor, speaking to the bailiff through the letterbox or a window, or leaving your home to talk to the bailiff outside.However, even if you refuse to let the bailiff in, they may find another way to get into your home. For example, if you've left your back door unlocked, the bailiff might get in that way. If you have an outbuilding like a shed or garage on your property, the bailiff can enter them, if they are unlocked. The bailiff can only get in using a usual means of entry such a door, and so cannot climb over walls or through windows. The bailiff can only use peaceful entry to get in, which means they can't usually use force.
Bailiffs can sometimes use force to get into your property, but in very limited situations.

http://www.adviceguide.org.uk/englan...our_home_e.htm

Generally, most bailiffs can't force their way into your home or business premises. There are some exceptions to this, which are:

• when the bailiff is chasing up unpaid magistrates' court fines for criminal convictions or high court judgements
• when the bailiff wants to enter your trade or business premises to chase up unpaid county court judgements (CCJs) owed by your business
• if the bailiff has been given a court order allowing them to use reasonable force to enter your property to collect debts owed to HM Revenue and Customs
• when the bailiff has been given a court order allowing them use reasonable force to enter other premises where they believe you may have deliberately taken your belongings to stop them being seized.

In these situations, a bailiff is allowed to use reasonable force to get into the premises.

http://www.adviceguide.org.uk/englan...can_take_e.htm

The bailiff can take:

• things that belong to you, except exempt items
• jointly owned things
• goods which were bought with personal loans. For example, bank loans or finance company loans, credit cards, or a mail order or budget account or storecard
• cash, cheques, bonds, stocks and shares, and pawn tickets that belong to you
• items that you're wearing or carrying, such as jewellery, but only if you hand them over or agree to them being taken.

There are certain things that bailiffs aren't allowed to take. These are known as exempt items and include the following:

• items or equipment such as tools, books and computer equipment that are necessary for your work, study or education, up to a total value of £1350, unless your debt is for unpaid business rates, in which case items you use for work are not protected
• household equipment that can serve your "basic domestic needs"
• anything that belongs to a child, such as toys
• anything that you are paying for on hire purchase or a conditional sale agreement
• assistance dogs, sheep dogs, guard dogs or domestic pets
• food
• any animals, food or hazardous materials that are on the public highway and would cause a risk to other people if moved
• any vehicle displaying a valid disabled person's blue badge because it is used for the transport of a disabled person
• a vehicle which is used for police, fire or ambulance work
• a vehicle displaying a British Medical Association or other health emergency badge because it is being used for health emergency purposes
• any goods that are also your home, such as a houseboat, static caravan, campervan or tent.

http://www.adviceguide.org.uk/englan...bailiffs_e.htm

Bailiffs are allowed to take your vehicle when collecting a debt. There are some exceptions to this, which are:

• a vehicle which is necessary for your work, study or business, and where there is no alternative public transport you could use instead, as long as it is not worth more than £1350 - this rule does not apply if your debts are for business rates or taxes
• a vehicle which you're paying for on a hire puchase or conditional sale agreement
• a vehicle which is displaying a disabled blue badge and is used for transporting a disabled person
• a vehicle that is used by the emergency services, such as a car displaying a genuine "doctor on call" badge
• a vehicle which is also your home, such as a motorhome.

http://www.adviceguide.org.uk/englan...bailiffs_e.htm

Bailiffs are only allowed to take control of goods which belong to the person named on the notice of enforcement. This will be the person who owes the debt.
So, things belonging to your husband or wife, partner, children or lodgers can't be taken. The only exception is if the items are jointly owned by you and another person, in which case the bailiff can take them.

Kati x

[ploddertom]

Re: Marstons bailiffs and a TV Licence fine

He needs to contact the relevant Court. Explain what has happened & ask to submit a Statutory Declaration to say this is the first he has known of any of this - he has 21 days since becoming aware so don't let it drag. He probably needs to speak to the Court Manager or Fines Officer. If the originating Court is some way distant then ask to be able to make at a Local Court, also ask they inform Marstons this is under way.

The advice you will get from CAB is variable as they have little knowledge of these types of procedures and may tell you just to let the Bailiff in - a seriously bad idea.

[natant24]

Re: Marstons bailiffs and a TV Licence fine

Thanks again for your advice, we are trying to track down the court that deals with these issues up here, thank god for google!

And there is not a hope that a bailiff would ever be allowed in my property, I know enough to know that much, the doors and windows would not get opened at all!

[Kati]

Re: Marstons bailiffs and a TV Licence fine

You'd be ok with open windows .... they can't enter a property other than a usual means of entry now :tinysmile_grin_t:

[Wombats]

Re: Marstons bailiffs and a TV Licence fine

Don't worry about EA's breaking into your house, it won't come to that. Follow Ploddertom's advice and sibmit a Statutory Declaration to the court. If you give us some idea where you live, we may be able to help with the court.

[ploddertom]

Re: Marstons bailiffs and a TV Licence fine

https://courttribunalfinder.service.gov.uk/

[natant24]

Re: Marstons bailiffs and a TV Licence fine

Thank you all so much for all your advice.
Through ploddertom's link we have managed to eventually get through to our local court and the lady was very helpful and told him she would place the account on hold for Marstons and the OH has a new court date for 2 weeks today where hopefully it can all be sorted out.
Thanks again everyone for all the sound advice, this is by far the best advice website ive ever come across!

[ploddertom]

Re: Marstons bailiffs and a TV Licence fine

At the new Hearing make sure he takes enough info on I&E and also your condition as that may help either to reduce or remit the fine. Obviously whatever happens and if he needs time to pay then you have both experienced what happens when it goes wrong. They are taking a much tougher stance on all Court fines these days. Again if it gets to the situation where it is tough to pay then get back in touch with the Court rather than ignore it or play ostrich.