Marston bailiffs coming tonight help please

[timo2011]

Hi, i'm new to all this but would really appreciate ANY help anyone can give on this matter.

 

a few years ago i recieved a fine for crimanal damage was only a minor incident and the fine was relatively small ... an arrangement was made to repay this and was kept to ...all bar maybe the last payement being a couple of weeks late. so as far as i knew the fine was all payed and forgotten about...

 

Now just before xmas i recieved a letter through the post from Marstons High Court Enforcement Officers claiming i owed £325 after a while on the telephone with them they informed me that this money was owed because the court didn't accept the last payement from me because it was payed too late and a distress warrant had already been issued.. and claimed that the final payement ( £50 ) had been refunded to me.

 

I have never recieved this refund or any had any kind of correspondance from the court so never knew ANYTHING about this until i recieved a hand delivered letter through my letterbox demanding i pay them the £325 immidiatly or they will be calling to remove goods from my house !

 

This evening i came home to find another hand delivered letter through my letterbox saying they will be calling this evening to remove goods from my house !!

 

PLEASE HELP WHAT SHOULD I DO ???

 

AND WHAT POWERS DO THEY HAVE TO ENTER MY HOUSE ???

[timo2011]

PLEASE ALSO NOTE the original amount the court claimed was still owed (even though i payed it) was £50 .... now Marstons are asking for £325

is this right ???

[brassnecked]

Do not answer the door or speak to them, as they cannot legally force their way in.

 

I'm sure others will be along with some good advice soon, which will allow you to sort things out

[ploddertom]

Not too good with these but imagine as no scream for help they have not appeared. You need to check first thing in the morning with the Court as to your situation - how much the fine was, what payments you have made, what is outstanding. If they say last payment was refunded, ask when it was made, who to and importantly to what address.

 

PT

[timo2011]

Ok many thanks but can they really charge me that amount ??? as i said before the iniatial ammount was apparently only £50 now they're trying to

claim £325 !!! i'm more annoyed at the fact i never knew anything about this till recieving the 1st letter from Marstons .... i thought it was all payed and done with

[timo2011]

i have checked with the court and they said it was refunded by cheque they told me the cheque had been returned to them ... since this began i HAVE moved but the dates they quoted i was still living at the same address... i always made my payments by cash with the card they issued so there is no bank record to prove the date i payed them. we're only talking about £50 here and now i have Marstons demanding £325 !!!! this is outragous !

[Guest carlos999]

for magistrates fines a bailiff CAN force entry, this means he can put a foot in the door and/or use a locksmith , if there isnt enough goods or entry is not made then the warrant will be returned and an arrest warrant issued, marstons also execute arrest warrants.

[fork-it]

Foot in door - yes

 

Locksmith - No - heres why:

 

Khazanchi & Anor v Faircharm Investments Ltd & Ors [1998] EWCA Civ 471 : On 17 March 1998 Lord Justice Morritt in the High Court ruled that bailiffs having a Walking Possessions Agreement cannot remove anything whilst the debtor is absent unless it is pre-arranged by appointment and with an Order signed by a Judge. The Judge also said in his conclusion

 

However it should be noted that in cases such as these there may be a sanction pursuant to Section 1 of the Criminal Damage Act l971. In other cases the provisions of Section 6 of the Criminal Law Act may apply also.

 

Source: http://vlex.co.uk/vid/ur-judge-cox-52584219

 

It is to dangerous for a bailiff to attempt "arresting" anyone. The debtor does not have to concede to an arrest unless the person making the arrest shows his warrant card or is wearing the correct uniform.

 

There is a case where an attempt by a bailiff was made to arrest a person, but the bailiff has nutted by the debtor putting him in hospital for a long time. Police tried to bring a case of GBH agaist the debtor but it fell at the first hurdle. The debtor has acted in self-defence after the bailiff made an aggressive move towards him.

[caledfwlch]

Foot in door - yes

 

Locksmith - No - heres why:

 

Khazanchi & Anor v Faircharm Investments Ltd & Ors [1998] EWCA Civ 471 : On 17 March 1998 Lord Justice Morritt in the High Court ruled that bailiffs having a Walking Possessions Agreement cannot remove anything whilst the debtor is absent unless it is pre-arranged by appointment and with an Order signed by a Judge. The Judge also said in his conclusion

 

 

 

Source: http://vlex.co.uk/vid/ur-judge-cox-52584219

 

It is to dangerous for a bailiff to attempt "arresting" anyone. The debtor does not have to concede to an arrest unless the person making the arrest shows his warrant card or is wearing the correct uniform.

 

There is a case where an attempt by a bailiff was made to arrest a person, but the bailiff has nutted by the debtor putting him in hospital for a long time. Police tried to bring a case of GBH agaist the debtor but it fell at the first hurdle. The debtor has acted in self-defence after the bailiff made an aggressive move towards him.

 

Do Bailiff's have a warrant card?

 

I am glad the Debtor got off - that made me grin.

[fork-it]

No,

 

Believe it or not, the debtor was 61 years old! When the debtor answered the door, the bailiff tried to walk in, one head-butt was all it took to knock out the bailiff.

[Zamzara]

Do not chase up the refund, or cash any cheque if they get one to you.

 

There is no power to refund payments; once you have paid there is no right to levy distress.

 

Do not let the bailiff in under any circumstances. (The chances that they will force entry are miniscule, but if they did you would have legal remedies available.)

 

If you are summoned to court for non-payment you can show that the fine has been paid.