Marston, threatening to gain entry with locksmiths

[sparky0303]

I got a letter through my door today from Marstons HCEO,

it stated they have a distress warrant against me for the amount of £754.42.

 

It states that because i was at work, i am unwilling to pay this and that there is a power called

'schedule 4a of the domestic violence, crime and victims act' and they are able to gain entry by FORCE using locksmiths where required and i dont even have to be there.

 

Firstly can they gain entry by FORCE with a locksmith without me being there.

 

They left a number which i rang and told him i cant pay the full amount but i can pay £450 by fri 1/4/11 (no joke) and the rest within a couple of weeks.

 

he replied that i have to pay the full amount or he is gaining access to my partners house whether im there or not.

 

Please can someone tell me if he can do this,

and can i ring the court to organise payment through them,

 

PLEASE HELP

 

i want to pay it off

[seanamarts]

What is it for

[sparky0303]

unpaid fine

[dx100uk]

sadly yes they can for a magistrates fine

 

but its VERY rare for them to do this [less than 15 were done in 2010]

 

have you a list of his charges & what you still owe on the fine

 

look at the stickys on this forums homepage for a list of fees they CAN charges you.

 

dx

[sparky0303]

but dont they need a court order to get a locksmith to access my house, also i have read about stat dec, would this help me get this back to court so i can pay it off quicker

[dx100uk]

how old is this fine

how come it gone this far

when were you in court about it

you really need to get your finger out before things get serious

 

what was the fine for?

[sparky0303]

too be honest i dont know how old it is, i think about 2 yrs old the original fine but it wasnt for that amount, it was for about £400 but they have seemed to have put a lot on top of that. i moved about 6 months ago so the court only had my other address. i went to court about 8 months ago but like i said the original fine wasnt £754.i know i have to do something about it, i offered to give him more than half the amount which i can get by fri and the rest within a couple of weeks.

 

Would a stat dec help me get it back to court or the citizens advice??

[terriersaregreat]

Did you say that this is your partner's house?

[dx100uk]

but dont they need a court order to get a locksmith to access my house, also i have read about stat dec, would this help me get this back to court so i can pay it off quicker

 

 

no its a magistrates fine they do not need a court order

 

what is the fine for please

 

i'd pay SOMETHING to whom you should be paying directly via the court desk or internet banking

stop putting it off .

 

you can argue the charges later.

 

dx

[tomtubby]

I got a letter through my door today from Marstons HCEO,

it stated they have a distress warrant against me for the amount of £754.42.

 

It states that because i was at work, i am unwilling to pay this and that there is a power called

'schedule 4a of the domestic violence, crime and victims act' and they are able to gain entry by FORCE using locksmiths where required and i dont even have to be there.

 

Firstly can they gain entry by FORCE with a locksmith without me being there.

 

They left a number which i rang and told him i cant pay the full amount but i can pay £450 by fri 1/4/11 (no joke) and the rest within a couple of weeks.

 

he replied that i have to pay the full amount or he is gaining access to my partners house whether im there or not.

 

Please can someone tell me if he can do this,

and can i ring the court to organise payment through them,

 

PLEASE HELP

 

i want to pay it off

 

The Contract that this company have with HMCS allows them to accept payment over a MAXIMUM period of 6 months. However, all payments must first be applied towards paying off the fines and that means that, if the bailiff were to allow you to pay over such a long period that he PERSONALLY will NOT get his commission until the fine has been paid IN FULL. That is why so many bailiffs collecting these fines REFUSE to accept long repayment terms.

 

In your case, the payment offer is VERY GOOD INDEED...and I would suggest that you contact the bailiff to advise him that you are making enquiries with the issuing court for the contact details of the Contract Manager with responsibility of dealing with HMCS Complaints and that you will be making a Formal Complaint to them on the basis that your reasonable payment proposal is being REFUSED.

 

This should work....

[terriersaregreat]

DX100 Sorry to sound thick but are bailiffs allowed to break into a property which is not owned by the debtor? If so how is it established what belongs to who, if you see what I mean. Don't think I'd be very happy if I was sparky's partner.

[brassnecked]

In general no, but they may anyway as they often make it up as they go along and worry about it later when challenged. Others will know more specific information, but generally they cannot levy on or take someone elses property for your debt. But they are allowed to assume things so will often levy on a neighbour's car, or even one parked in the street. Until told otherwise, and they will demand proof, they will assume your address is your property, or you are the tenant, so will threaten to break in regardless. Bailiffs are accomplished liars bullies and charlatans of the first degree and claiming powers of arrest forced entry, summoning the wrath of Odin, the Gorgon, the Banshee, and anything else they feel may intimidate a debtor into paying up are second nature to them

 

Others will be able to expand on this and give the definitive legal position.

[Meadowway]

hi i am in a similar situation had the letter threating entry this morning. He said he cant accept payments its has to be paid in full, can he do this?

[tomtubby]

Can you start a NEW thread with your query.