marstons baliffs

[hayloz]

hi am new to this site and not sure where to post my concerns, i am hoping somebody can help.

 

I basically had a fine for using a car with no insurance to the value of £500 i paid the fine by instalments and then for one reason and another i didnt pay the remaining 150 as i was having financial difficulties. i was visited by a warrant officer who agreed to let me pay £10 per week and would send me a card in the post this never arrived and i kept meaning to chase it up but never got around to it, with that i had a baliff knock on my door, he said he wanted to come in and discuss my fine which was now £450?? i was actually 8 and a half months pregnant and in the process of moving house, i told him this and his repose was ok, i will leave it with you and contact you in the future??

 

I went on to have the baby 10 weeks on, I also moved address. I received a letter in the post some 2-3 weeks ago stating that Marstons would be visiting my property in 7 days to collect payment, as the man i had dealt with had been understanding to my situatiuon previously i rung the number on the letter to keep getting an answerphone.

 

I decided to wait for his visit, i was then pottering around the house today and noticed a letter on the mat, NOONE had knocked on the doore i have 5 children ranging from 13 to 10 weeks one of them would have opened it, It was a final warning stating I had 24 hours to pay the fine? I rung the warrant officer who basically would not let me speak or arrange any kind of payment term telling me I had til 7pm to pay or he is coming woth a removal team? Shocked and not knowing what to do I made some enquiries to the courts who basically said he can not enter my property and to keep doors and windows locked.

 

Then at 5pm he returned and put a card through my door stating I was intentionally avoiding him and he was returning woth a locksmith to obtain entry to my property.

 

I rang him as he was outside my house and he said the removal team are in the way!? I stated I do not have 450 pounds 2 days after xmas, who does? and that I could pay 100 today and make an arrangement for the rest? HE POINT BLANK SAID NO and i have till 11am tomorrow he had contaced the removal team and managed to stop them until then.

 

Please may i note he has never set foot all entered into my new property neither have i even opened the door to him, infact the first i had spoke to him is today.

 

I am confused that obviusly as i was in a vunerable position before being heavily pregnant he backed off but nowhe willnot even discuss the matter with me?

 

Where do i stand can he return with a locksmith do I have to let him in. I am annoyed that there are 300 pounds costs and have thought about paying the court costs direct to the court as it was 150 which i could scrape together.

 

Please help ?!!!!

[ims21]

Thread moved to the Bailiff forum where the guys will be happy to help as soon as they are available

[hayloz]

thanku very much

[ploddertom]

It is true that Magistrate Court Fines carry the threat of forced entry but to do so he will need an Order from the Court allowing him to do this. These are very rarely given and are for the more wilful evaders who treat the system as a joke and rack up lots of fines. This is no criticism but serves as a warning not to ignore these things. You could ask to see the warrant he has and the most important things to note are the date - it may be nearly out of date, the other is the address as the warrant will clearly state your old address. I agree these are more stalling tactics but the most important thing is not to allow him access to your home no matter what he says.

 

Are you a single parent? Do you claim any Benefits? Do you have a car parked outside, if so you MUST move it NOW. You can play a waiting game and eventually the case will go back to Court where you will be summonsed to explain why you have not paid.

[hayloz]

How long is the date on the warrant as he originally came to my old address back in august?

 

thanks

 

i also rang marstons and they said they can enter with the police is this true?

[i hate bailiffs]

As above the bailiff will need a order from the court to force entry

 

Bailiffs lie he will say you must let me in and other dribble

 

remember

 

Bailiffs LIE

don't let him in

move car

[old bill]

I would advise you to speak to the switchboard at the court that imposed the fine and ask them to provide you with the direct telephone number of the Area HMCTS Enforcement Manager and Regional HMCTS Contracts Manager and report this behaviour to them. Warrant Officers are civil servants employed directly by HMCTS to enforce fines. If a Marston employee has been calling themselves a Warrant Officer, they may be committing one or more criminal offences by doing so. As for Marstons claiming you are avoiding paying fines, this is a tactic they use to try and justify forcing entry. HMCTS haven't quite gotten wise to what is going on, but they are getting there. Forums like CAG are enlightening peeps of the existence of HMCTS Enforcement Managers and Contracts Managers and the message that Marstons are trouble is slowly beginning to sink in. The HMCTS contract is up for renewal in 2013. My gut-feeling is that either Marstons will not have their contract renewed or, more likely, no-one will be awarded any contract.