Marston Bailif - Warrant By the HMCTS

[TomCero]

Hi all,

I am new to this website, I will try to be as brief as possible and please excuse my English, it is not my first language and some errors will happen.

A while ago I got a fine for not owning a train ticket, I have been trying to deal with it since 2015, as I was still in Uni and on a low income, I was struggling to pay the charges.
In the end I got a letters from the Magistrates Court. I had a payment plan set, was trying to pay it back, but as I was still on a low income I have failed to do so as well.

Now we are in 2016, one week ago I had a visit from a Bailiff/Enforcement Agent, (Marston Holding/Group) saying that he has a warrant from HMCTS and that I will have to either pay in full £599.50 or he will enter the house and take my belongings.
I've made a mistake, I did let him into the house, after a brief conversation he said that I will have to pay at least £100 the following week and that I will have to pay the rest by Friday 19/08/2016.

I explained that I do not own the money, that I still need to pay the rent, that I am getting paid on the 26/08, and that I am working only part- time and there is no way I can pay the amount in full. He obviously don't care, he wants the money or enter the house on Saturday 20/08/2016

I don't know what to do. I am renting a room, living with 4 other people. He said that he has a right to enter every single room, sees the goods whether it's mine or not.

I terrified, I haven't slept properly in a week, my stomach is killing me.
I don't want other people to be liable for my mistakes, my negligence.

Is there a way I can still stop this man, keep him out of the place?
I talked to their CS but they said, they can set a pay-plan and that the amount has to paid in full.

All the best, and thank you all in advance.

[ploddertom]

Re: Marston Bailif - Warrant By the HMCTS

He can only seize the goods of the debtor. Does your room have a lock on it and do the others as well? I also assume you knew about the original Court Hearing? Did you attend? Did you enter a plea?

[TomCero]

Re: Marston Bailif - Warrant By the HMCTS

Hey, Thank you so much for the replay.

That is exactly what I thought, but he claims that he can regardless of me not being on the tenancy agreement, because of the Magistrates Court order/warrant
Of course, we all have private rooms, locks, no common room i.e. living room, we are unrelated people just renting the same place.

No. Never. I new about the initial fine... story short, I was without the ticket to begin with, because there were no one to sell any, and the tickets machines were broken.
When I was on the train I did approach a lady who was conducting, and I asked her to about one, she told to wait in that spot and she will get back to me in a minute.
She never did.

There was no hearing, I was never asked to attend any hearing, I only received a letter about the fine, which I was disputing afterwards, with the negative response, and no explanation.
I never had the chance to enter a plea, only random letters.

Thank You again.

[wales01man]

Re: Marston Bailif - Warrant By the HMCTS

You must have given your name and address to a conductor or ticket inspector or how else would they know who you were you need to try and sort this with the court before the bailiff returns and the hassle that goes with it

[TomCero]

Re: Marston Bailif - Warrant By the HMCTS

Hey,

Of course, I was still trying to buy the ticket after I left the train and explain the whole situation. I even asked them to call the place I was travelling from to check that there is no way to buy the tickets.

But that's an old story, now Magistrates Court issued a warrant to the Enforcement Agent, and when I called them they did say that there is nothing they can do anymore and I should contact Marstons.

Thank you.

[wales01man]

Re: Marston Bailif - Warrant By the HMCTS

You will have to deal with them now agree a payment you can afford to keep them off your back and try the court again priority is to stop bailiff causing problems for you and housemates

[TomCero]

Re: Marston Bailif - Warrant By the HMCTS

Thanks so much.

I did talk to the bailiff, it was a week ago on his visit, I agreed to pay initially £100, that was all I could afford. When I did the payment some error appeared, I did try again and in the end it took £200 pounds of my bank account regardless of the failing transaction.
No my bank account says that it's a pending transaction, and when I called them they said it might take 7-10 working days to be back on my account.

I explained the situation to the bailiff, that I don't have the money, I have no assets and no one to ask to lend me the cash, that my pay day is on the 26th, and now I am behind with my rent because of that bank thing, but he don't care. He said he will need the money by Friday or else he will be back with the locksmith and the police to enter the house.

I was thinking of calling Citizen Advice Bureau, do you think they can help in any way?

Thank You


[MENTION=26498]ploddertom[/MENTION]

[ploddertom]

Re: Marston Bailif - Warrant By the HMCTS

I've asked someone who knows more about these than me to have a look in - but it mat be this evening.

[TomCero]

Re: Marston Bailif - Warrant By the HMCTS

Thank you so much, you are great, I'll be waiting!

[Milo]

Re: Marston Bailif - Warrant By the HMCTS

I have just had a quick read of your thread and I notice that you let the bailiff into the property. Did he enter your own room? If so, did he list any items down on a form?

Do you have anything at all in writing confirming that you rent a room in the property?

Coming back to the court fine...I would think that your chances of 'appealing' this would fail. This is because, the law allows you to submit a Statutory Declaration within a strict period of 21 days from the date that you became 'aware' of the fine. In your particular case, in 2015 you then entered into a payment arrangement with the court. I would not hold too much hope in getting the court to look again at this fine.

I am not around much today but will revisit later on.

PS: I would suggest that you go back to your initial post and use the 'edit' button to remove the name of the bailiff.

[TomCero]

Re: Marston Bailif - Warrant By the HMCTS

Hey,

I did not open the door, unfortunately someone else did.
I wasn't sure about my rights, I did let the man into the house, and yes, he saw my room. He didn't write anything down as there was nothing in my room, I don't own anything except my Kindle, few books and my phone. He just came into my room for a few seconds and left.

No I do not. There are two tenants on the contract, people I am renting the room from, who have the consent of the owner to rent out the rooms.
I even met him when I moved in, but I think he is living in Italy, he is not around.

That is what they told me, it is to late to deal with them.

An Update:
I've spoken to the people I live with, and I did explain the whole situation. They told me that if I would not take care of this before another bailiffs visit, I will have to move out immediately, because they will not take the responsibility for my debt.

Thank You Milo, for everything, and I did edit the post.

[Sir Vere Brayne d'Emmidge]

Re: Marston Bailif - Warrant By the HMCTS

Hello Tom,

It is obvious that the biliff is trying to scare you into paying what you can't afford.

If he has left you his telephone number (he should have done) call him and make him an offer of paying £X per week (your offer must be what you can afford after giving up luxury items such as booze and tobacco).