Marstons broke my locks HELP URGENT

[Milo]

Re: Marstons broke my locks HELP URGENT

Ok, he did give me a letter which says inventory on it and seperate one with the list of things, and no offence taken as I genuinely can't afford to get anything. Nothing else was left and I didnt sign anything. They were speaking to my husband but can they take the car? Its not even registered to either of us as I have just sent the log book of now in his name. I will email the court asap but they dont want to know really.

I'm not directing this comment to you but just making the point so that anyone with a TV Licence fine will take heed.

According to HMCTS, the vast majority of people receiving a summons (or Single Justice Procedure Notice) relating to using a TV without a licence, fail to respond to the notice. This is a huge problem and one that has serious financial implications for the debtor. Firstly, almost everyone receiving a summons (or Single Justice notice) would have received a personal visit from a TV Licence Enquiry Agent and would have signed a statement confirming that they had been viewing a TV without licence. That document is used as a 'prosecution statement'. Therefore, in almost all cases, a person receiving a summons should be entering a guilty plea. If they do so, they will automatically be entitled to a one third reduction in the court fine.

[Namsey78]

Re: Marstons broke my locks HELP URGENT

Honestly she didnt say anything to me, she goes shes just here to set up a direct debit. I just came out of hospital having a really bad birth experience and that was the last thing on my mind. I had a c section and started bleeding badly, i really thought i was going to die because the dr tells you if you heamorage there is nothing they can do!!! Excuse my spellings. I've had a tough 2 years and this is just the icing on the cake!!!

- - - Updated - - -

Please check to see if the email is ok to send or if I need to amend or add anything, wasnt sure what to copy exactly.


Thank you for your responce but I have no means of settling this debt in one go as I have repeatedly tried to explain to both the court and Marstons.

Marstons have now forced entry into my home. However, they have failed to issue me with a mandatory Notice after entry, pursuant to paragraph 28(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007:

After entering the premises the enforcement agent must provide a notice for the debtor giving information about what the enforcement agent is doing.

The enforcement agent has now searched my home and has satisfied himself that there are no goods of value. The enforcement agent is threatening repeat visits to force entry. After getting legal advise I have been advised that regulation 24 of the Taking Control of Goods regulations 2013 restricts repeated entry with or without a warrant. I was given no paper work showing the forced entry or cost if breaking in. The only paperwork they left was an inventory paper listing the few things I own. They even checked under my beds to see if i am hiding anything.

Due to these extremely serious breaches of legislation, again I am pleading with the court to take this case back from Marston and that i am given the opportunity to enter into a sensible, affordable and sustainable repayment plan.

I would like to add that as there are no goods in my property worth the fine amount let alone the amount they are requesting. They have listed 2 sofas which are broken, an lcd tv which is also broken in a corner, a sewing machine, a broken cooker which is my kitchen, a blender, a computer tower that is 10 years old and a broken printer all can be tested as they don't work and a microwave which I use for my children. I have nothing of value.

They said their cameras are on and you can check yourself which paperwork was left with me. The gentleman walked out and he was speaking to my husband, he refused to talk to me and the fine is in my name. This can also be viewed on his recording. My husband said he will try to find the money but after contacting everyone and anyone we have had no luck. We cannot get together the amount they are requesting.

I am also making you aware that I was not informed of the original hearing as i would have attended and pleaded my case myself.

[Namsey78]

Re: Marstons broke my locks HELP URGENT

This is wha i got from the manager
Dear xxxxx

I acknowledge receipt of your e-mail received today and have since confirmed the following over the telephone.

All enquiries reveal that the Warrant of Control was issued correctly on the basis that you failed to pay as agreed and no further contact was made to the court. Once a Warrant of Control has been issued there is no power to recall until Marstons return the warrant to the court.



Yours faithfully

[Namsey78]

Re: Marstons broke my locks HELP URGENT

Ok thanks

[Namsey78]

Re: Marstons broke my locks HELP URGENT

Another silly question but can they go through my post? He goes he can do what he likes, i told him its private and he just ignored me and carried on.

[Namsey78]

Re: Marstons broke my locks HELP URGENT

Yes she did but she has bailiffs knocking all the time!!

And yes I do contact stepchange I have a case number with them. I called today and they are always busy, was on hold for 20 minutes and my little one started crying i put the phone down but marstons told me when i contacted their office they don't take that into conaideration at all that.

[Milo]

Re: Marstons broke my locks HELP URGENT

My personal opinion is that Marston's will more likely than not, return the warrant back to the court. Either that or the court may wish for the account to be administered by Marston's in-house Welfare Dept. What they will not be doing is to use a locksmith on a second occasion.

From your earlier posts, it is clear that you have known of the court fine for quite a long time and even offered to make payments at the very minimum allowed for anyone reliant on benefits (£5 per week) but that you defaulted on this arrangement. At the time, I assume that the debt owed would have been around £400. I am not sure whether you have made any payments at all to reduce the fine (perhaps you can let us know).

You mention that you had previously sent a letter to the court.

What was the basis of that letter?

Did you outline your personal circumstances?

Did you provide any details of your income?

Did you outline an affordable payment proposal?

[Namsey78]

Re: Marstons broke my locks HELP URGENT

I rang the court in january when i got the letter because I didnt know what it was for. And she said i have to pay £5.00 i told her ok i will try but couldnt. I told her on the phone what happened and she goes take up with TV licence! That was it and then a letter from marstons turned up, actually my neighbour number xx had it, she gave it me and i rung them straight away but the lady i spoke to said I had gone over by 1 day and they dont take into consideration that I contacted stepchange. Then i took the advice of a neighbour who has obviously.wrong but theres bailiffs at her door all the timexx i havent written to the court until earlier on today explaining my situation and she very nicely told me where to go!

[Namsey78]

Re: Marstons broke my locks HELP URGENT

The bailiff said he's coming tomorrow and will break the locks again to collect payment 1 way or another, he's going to take the car which doesnt belong to us. He hasnt been working because he nearly took his thumb off and it went bad!!!! I would have paid when i got the marstons 1st letter of he was working and we had a full income. He's just gone back to work.

I'm not home tomorrow my girl has ahospital appointment and i'm scared he is going to come back because he came twice today!

[Milo]

Re: Marstons broke my locks HELP URGENT

i havent written to the court until earlier on today explaining my situation and she very nicely told me where to go!

You said this is your earlier post yesterday:

I send a long email explaining my siutation the fines manager and she emailed back everything is correct and it is with marstons I have to deal with them.

What I am trying to ascertain from you is this:

When did you send your long email to the Fines Manager?

What date did the bailiff force entry?

In your long email, did you outline your personal circumstances (that you have recently been in hospital)

Did you provide details of your income?

Did you outline an affordable payment proposal?

PS: When was the last time that you spoke with the enforcement agent?

[Namsey78]

Re: Marstons broke my locks HELP URGENT

The bailiff forced entry at 6.30 on the morning yesterday and I wrote to the fines manager yesterfay aswell, i explained my whole situation but she told me to deal with them.

I didn't send my income details or make a payment offer. I just said I cant afford to pay marstons that amount and if she can take the fine back and I will pay weekly

[Namsey78]

Re: Marstons broke my locks HELP URGENT

They just rung my husband saying they're coming at 2.00 but i have to leave for an appointment

[Namsey78]

Re: Marstons broke my locks HELP URGENT

Update sweet chillie is i have been absoloute wreck for 2 weeks wondering why a bailiff wud break in for such a small amount when the whole world told me they wouldnt!! Hmmm well its because i went on another forum before this to get advice and the bailiff somehow found out about it and targeted me for it. Now things get very interesting, he threatens me on the 6th visit, yes he cane back twice AFTER breaking in, i go to a legal solicitor and guess what? This guy gave me wrong id details!!!!! Not even registered, Now police involved, investigating everything, solicitor involved, hmmmmmmm.

[Namsey78]

Re: Marstons broke my locks HELP URGENT

i did contact marstons not once bt twice to try and set up an arrangement, the office and the officer on the letter but they still broke in? Hmmmmm

[Kati]

Re: Marstons broke my locks HELP URGENT

its because i went on another forum before this to get advice and the bailiff somehow found out about it and targeted me for it.

Hi Namsey have you anything from the bailiff that proves this at all? The bailiff could lose his license for that!!

Are you finally sorted re the fine? Is there a payment plan in place or have the courts taken it back from Marstons as a result?

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