Letter From MARSTON 'High court enforcement officers & bailiffs Just arrived HELP

[youngman87]

Hi Guys,

 

This is my first time on here, and i was wondering if someone could help me!!

I received a letter from the commonly know Marston Group bailiffs demanding £883.34

 

Offence: Keep a vehicle without a valid vehicle Licence 14/06/2011

 

letter reads:

 

'we are in possession of a Magistrates Court Order as a consequence of non payment of the above amount.

We are instructed to demand immediate payment in FULL from you. We must inform you that unless the TOTAL

sum due is paid into out office within 7 days of the date of this letter;our bailiffs will attend to levy distress and remove your goods for the sale by PUBLIC AUCTION. This action will involve a minimum further cost of £215!!'

 

 

Now i understand that i was in the wrong for my offence hence pleading guilty at the time in the magistrates court. At the time i agreed to pay a sum of £50 per month to clear this debt which then decreased to £30 per month with the help of the fines officer at the court. i had made payments until i think 3 months ago. i had not received any notice or letter about missed payments at the time. I also became unemployed and i was and still continuing to look for work so the £30 per month payment slipped my mind and secondly i could not have able to afford it in the first place. so im guessing its my fault not informing the court of my change of circumstances but like i said that completely slipped my mind as i was on frantic search for new work.

 

As it stands i am currently staying in my friends house for which i am lucky enough not to pay rent, she is of the opposite sex (female). most of belongings are in the second bedroom which actually looks like an office. i also own a vehicle which is parked outside of the property. i am afraid if i loose the vehicle then i will be doomed as my line of work (when i get a job) requires me to travel i would say its the most valuable thing i have in my possession apart from my clothes.

 

I am not sure what to do next , what if they come to the door demanding payment?? there is no way i can pay for this at all. should i contact the court or call the bailiffs so that they do not come to the house. i am also afraid that they will things in the house that do not belong to me ( how do i prove that?)

 

IF THERE IS ANYONE OUT THERE WHO IS WILLING TO GIVE ME SOME ADVICE PLEASE HELP AS I AM VERY AFRAID AND CLUELESS AS TO WHAT I DO NEXT.

 

Thank you in advance

[youngman87]

sorry just reading back, there are some evident spelling mistakes in there but i was in rush.

[mellymoo74]

Didn't want to read and run other people know much more about this subject than me is there a breakdown of the charges on the letter? I would also call the court today I believe there is something you can do to get it taken from benefits

[i hate bailiffs]

bailiffs can not take goods that don't belong to you.

 

there is no right of entry for the bailiffs keep them out don't let them in

 

bailiffs lie contact the court if you can make arrangements to pay and stick to it don't over commit if not working

 

move car to prevent a levy/transfer ownership for now:-)

[youngman87]

Break down of charges is as follows:

 

Fine: £798.34

Fees: £85.00

Costs: £0.00

VAT£0.00

 

hope this helps.

[mellymoo74]

Call the court and follow I hate bailiffs advice re the house and car

[youngman87]

If i am to call the court do i mention MARTSONS at all? or should i just proceed like i am unaware it has been passed to the bailiffs?

[i hate bailiffs]

If i am to call the court do i mention MARTSONS at all? or should i just proceed like i am unaware it has been passed to the bailiffs?

 

phone the court explain your situation out of work ect there is no blood in a stone

[gazhodge1981]

Can I just ask, are they bailiffs or high court enforcement officers?? Only ask as they have different powers???

[unclebulgaria67]

Suggest you get down to the magistrates court with something to prove you are on benefits and to ask for their help. Perhaps if you do this, the bailiffs will be called off and you can enter into some payment arrangement with the court.

 

Sometimes best to sort these things out face to face with the court staff, rather than in phone calls.

[sgtbush]

be careful, the magistrates court order will be a warrant of distress

this DOES give the bailiffs powers of forced entry

they cannot take goods that do not belong to you

buy if you cannot prove at the time they will be levied and then the owner of the goods has 5 days to prove he/she owns the goods

it will have gone down this route as you broke the aggrement with the court

the £85 fee is an admin fee, which is an aggreed amount set by the court that the enforcement company can charge

the£215 fee is the fee set by the court to enforce the warrant if people have to make a personal visit

get advice from bailiffadviceonline.com under magistrates court fines for futher advise

[wiseajak]

hi there id like to contribute what i know, not much but hope it can help.

i agree with the comments earlier that to seek help with the court and see if they can come to some sort of arranement. explain ur case that ur on benefits etc, failing that and u do get a visit from the lovely balifs, make sure all windows and doors are locked, including ones on a first floor as they have the right and its legal to enter through any unopened door or window, this is known a s 'peaceful entry' they willl use ladders etc if they are need to gain acces to a window on the first floor. you also have the right to refuse them entry but what ever you do do not permit them entry, just a tip but make sure they cannot see through the windows as they may start making a lost of what they want they are craftly sods. once they have made that list it becomes a walking possession agreement, DO NOT SIGN IT! u can legally refuse to do so. if signed u have a certain amount of time to pay wat u owe before they sell urs goods. they cannot take wat doesnt belong to you, although they will try, anything they do take the ower will have a time period to prove ownership. u may need to sign a sworn statement saying that the goods are not urs and belong to Mr or Mrs XXX i hope this has helped.

[i hate bailiffs]

be careful, the magistrates court order will be a warrant of distress

this DOES give the bailiffs powers of forced entry

they cannot take goods that do not belong to you

buy if you cannot prove at the time they will be levied and then the owner of the goods has 5 days to prove he/she owns the goods

it will have gone down this route as you broke the aggrement with the court

the £85 fee is an admin fee, which is an aggreed amount set by the court that the enforcement company can charge

the£215 fee is the fee set by the court to enforce the warrant if people have to make a personal visit

get advice from bailiffadviceonline.com under magistrates court fines for futher advise

 

is see you are trolling again nothing changes

why the doom and gloom

 

you seem to be giving some duff info from other posts as well

like many on this forum i have had experience with bailiffs on a number of occasions and are able to offer constructive advice and not `copy and paste`from a Google search which is only a general over site of bailiff practices

 

as always you have a nice day:closed_2:

[wonkeydonkey]

How much of the original fine have you paid? was the further steps notice (the Court are obliged to send) sent to the address where you are living?If there is nothing in the home at which you live that's seen to actually belong to you, then a simple stat dec by the tenant/owner of the property to say the property along with all goods within and in the immediate confines of the home belong to her, will suffice to stopping the bailiff forcing entry.

 

If you are on JSA then the Court can apply to have payment deducted from your benefit, UB's post#10 is the right way to go IMHO, but move your car and park at least two streets away for the time being to prevent the bailiff making a levy on it.

 

WD

[old bill]

be careful, the magistrates court order will be a warrant of distress

this DOES give the bailiffs powers of forced entry

they cannot take goods that do not belong to you

buy if you cannot prove at the time they will be levied and then the owner of the goods has 5 days to prove he/she owns the goods

it will have gone down this route as you broke the aggrement with the court

the £85 fee is an admin fee, which is an aggreed amount set by the court that the enforcement company can charge

the£215 fee is the fee set by the court to enforce the warrant if people have to make a personal visit

get advice from bailiffadviceonline.com under magistrates court fines for futher advise

 

I see you are demonstrating your amazing talent for Lower Gastro-Intestinal Ventriloquism again, Sgt Bush. The Magistrates Order you refer to does not confer any power of forced entry on the bailiff, who has to seek written authority from the court to exercise a forced entry to a fine defaulter's property. The bailiff also has to be able to prove the fine defaulter is persistently avoiding payment of the fine. I am currently dealing with a case involving Marstons on another site where there is clear evidence that Marstons are deliberately lying to the court that the person is avoiding paying their fine, which is untrue, as Marstons are doing everything possible to avoid taking payments and are actively preventing the person from making payments.