Advice needed - Marstons

[neilbot]

Hi

 

I need some advice. I have been issued a distress notice to remove goods which was posted through my door whilst i was out. What rights do i have - i called them and offered them a payment plan but they said no, they demand the full amount and will remove goods next time they visit. Can they remove goods although i don't own anything - they are my partners (im just staying there and have no fixed abode). I am a bit worried as she has children. Can i apply to the courts that issued me with the offence of an unpaid driving fine? Should i ask for a walking possession levied on my car? I dont have that much money to splash out on £700 but can pay over a few months as i work...

 

What are my options?

 

Thanks in advance for any advice

Edited July 26, 2012 by neilbot

[cerberusalert]

Thread moved to the bailiffs forum.

[ploddertom]

Is this the address you used when originally fined?

[lookinforinfo]

Hi Neil, the first thing to say is that the bailiff cannot force their way into the premises to take possessions. first, they need to have made a peaceful entry which means that

you have let them in [do NOT let them in under any circumstances and for whatever reason]] or they have entered via an unlocked door or window. What they can do is levy

on your car, so until you have the full picture of your fine and the charges involved keep your car away from the house to prevent them clamping it. Once they clamp, they will

be unlikely to remove it nbtil they have been paid in full and probably with an additional perk or two for themselves. Tell your GF and her children not to answer the door to anyone

in the meantime. to you where you live or a previous address.

 

I note that you describe yourself of being of no fixed abode. Does that mean that you have missed details of summons to Court, possible actions that could have been taken before

a Court visit was necessary. Also how did the bailiff know where you were living, and do you know if the warrant is addressed

 

Do you know when the warrant was issued and at which court.

 

In addition please send the bailiffs this request for information about their charges

 

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge.

 

2) Written itemised Breakdown of a) your fees, and b) the original debt.

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or, b) refund me the unlawful fees plus reasonable compensation for being cheated by your bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an arrestable offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

 

Case law requires I recover unlawful bailiffsicon fees from your client that instructed you. If you fail to make the required refund within seven days I will automatically proceed by filing the claim at court.

 

This is a letter before actionicon and is not a request to access any personal dataicon as defined under the Data Protection Act 1998.

 

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

[neilbot]

Many thanks for your replies.

 

I do know which courts issued the speeding fine but i do not know when as its a tricky situation, i used to live there but moved out a while back missing some correspondence and the court case documentation - i still see her and we are hoping to make a go of it again in the future. Its all a big mess up really. I have visited Marston's site and the charges do correspond (£300 for the court fine, £215 for visiting premises, £85 for the case). It is frustrating really, i just want them off my case and i have no problem in giving them the money, it just has to be over time. I will send off the letter anyway - it may buy me a bit of time.

[lookinforinfo]

Was your fine for speeding or a parking.

[neilbot]

Thank you for the reply lookinforinfo - it was a speeding fine.