Please help us - Marstons asking £275 even though fine paid in full...

[SUSSEXBYDC]

Please someone help us - we live in Sussex, my wife is my registered carer (parachute injuries plus a life charging around has left me disabled), I am on DLA - Marstons turned up yesterday, a large unpleasant bailiff with a red letter saying pay up - for a fine my wife incurred years ago - and paid. He called the courts, yep, fine paid - at which he got nasty and said "I'm £200 - plus £75 costs - I'll get a locksmith, change your locks, clean your flat out (apart from cooker and bed), auction the lot - charging for locksmith, removals AND auction fees". Its a shared front door (Housing association) and we have been told he cant change locks - but the fees stand!. We offered him £75 (Our food money for two weeks) cash - not interested, £275 OR ELSE... no instalments, no nothing... We reckon we owe £75 for court costs (The very last payment was two weeks late due to DWP playing funny sods with our money). We are expecting another visit - I'm begging for anyone with legal nous to help us - fifteen years back I'd have folded this guy up, but I can hardly stand unaided and need a stick to keep off my face.

My wife was a nurse, I was a squaddy (apart from plenty of other jobs) - we're not slimebags on the ponce, we are normal people that worked all our lives. God help everyone facing these animals - I don't know what to do.

[brassnecked]

Welcome to CAG, ou have come to the right place, and you can be sure you will get help to sort this out. Firstly if and when the bailiff returns try to film him with a mobile even to capture his threats, others will know more, but contact the court and initiate a complaint as they and Marstons are signed up to the National Association of Enforcement Officers guidelines under which you are vulnerable clearly.

 

vulnerable situations

 

 

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
  
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
  
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
  
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
  
• Those who might be potentially vulnerable include:
  
  • the elderly;
    
  • people with a disability;
    
  • the seriously ill;
    
  • the recently bereaved;
    
  • single parent families;
    
  • pregnant women;
    
  • unemployed people; and,
    
  • those who have obvious difficulty in understanding, speaking or reading English.
    

   

Others will be along soon but even if it is your wife's debt she is vulnerable due to your disability. and this ****** needs to be sorted.

[hallowitch]

you will be all right mate i see tomtubby looking in save me going looking for her post about a further steps notice (or something similar ) from the court

[brassnecked]

I think hallow is right, you must be sent a Further Steps Notice to allow you to sort out payment before the rottweilers from Marstons are unleashed, as hallow says hopefully tomtubby will be along soon with that info.

[sequenci]

I'm sure that Tomtubby will clarify this but wouldn't the distraint warrant no longer be exercisable if the fine + associated costs have been paid? So is the bailiff able to to do this just because of the remaining court costs?

[SUSSEXBYDC]

Hi all - THANK YOU for giving a t*ss (and Bless'd Be where appropriate...) - The warrant was issed after my wife fell behind for two weeks - she had her money stopped by the evil minions at the DWP - (wrongly) and then she paid the last of the fine. £75 costs were incurred - o.k., we offered the Marstons bailiff that in cash - no, he said HE was £200 - Not the court, he wanted his £200 (for knocking at door and being Mr.Menace) PLUS the not-a-problem £75. We asked Folkestone mags to withdraw the warrant, but Ms.Pilate (Not her actual name, but hey) said nothing to do with them any more, it was down to Marstons who held the warrant. The letter the bailiff handed us said ''Despite previous visits" - I am a virtual recluse, there have'nt BEEN any previous visits. I'm watching this with bated breath... (That might be all the coffee...) Thanks again, now back to ebay (We reckon we have about £50 worth of stuff to sell - its a start...)