Help please!! Bailiffs: Marstons

[Londoner10]

Hi there,

 

So a year ago when I was extremely broke, I got caught for stealing a sandwich from m&s. stupid mistake-I know. I literally hadn't eaten in a couple of days because I actually couldn't afford food, literally so it seemed like a better idea than asking my friends to borrow some money..

As it happens the police were there and gave me a fine but because I didn't have any identification on me they just trusted that I had given the right address and name.

 

I did have every intention of paying the fine but I really didn't have the money straight away and as things progressed and with me moving into a cheaper address it got forgotten about and because I had never received any reminders it remained that way until 2 days ago...

Apparently the bailiffs went to my old address and gave a letter to the new tenants from marston high court enforcement officers & certified bailiffs and the fine has been increased to £420! I'm so scad because I really can't afford this, especially not when I still haven't managed to pay my rent this month but I don't want to go to prison

 

What can I do?? Please help! I wouldn't mind now if I just paid e original fine and perhaps loaned money for it but I definitely can't pay the full 420

[ploddertom]

Moved to Bailiff Forum

[unclebulgaria67]

So the Police gave you a fine or penalty and this has not touched a Magistrates court ?

 

I would think that as you did not pay the penalty in the required time, that this has gone to a Magistrates court and you now have a fine plus a criminal offence on your record.

 

Can I suggest that you contact your nearest Magistrates court ASAP and ask for a hearing to arrange a relevant payment plan, after explaining your circumstances. The Magistrates may be able to call off the bailiff so these extra fees are not charged. This process is about making a statutory declaration about you not knowing about Magistrates getting involved and not being in a position to pay the full amount you are being asked for.

 

You must do this, otherwise they will find out where you are living, with the possibility of Police arresting you and taking you to a Magistrates court.

[tomtubby]

You are legally able to file a Statutory Declaration on the basis that you had not received a summons and that a fine had therefore been imposed in your absence without taking your financial means into consideration.

 

You should contact the "issuing court" to arrange this but you need to do this TODAY.

 

The court should allow the stat dec and they will then contact the enforcement company to hopefully get the case on hold whilst the stat dec procedure is going on.

[unclebulgaria67]

You are legally able to file a Statutory Declaration on the basis that you had not received a summons and that a fine had therefore been imposed in your absence without taking your financial means into consideration.

 

You should contact the "issuing court" to arrange this but you need to do this TODAY.

 

The court should allow the stat dec and they will then contact the enforcement company to hopefully get the case on hold whilst the stat dec procedure is going on.

 

What if they don't live near the "issuing court" and cannot get there ?

 

Can they go to their nearest Magistrates if this is the case ?

[tomtubby]

What happens is that the debtor should where possible contact the "issuing court" as they will have the court file. Almost always if the debtor lives a long distance from the "issuing court" the debtor will be told which local court to attend and the "issuing court" can then send the file to whichever court has been nominated.

[unclebulgaria67]

What happens is that the debtor should where possible contact the "issuing court" as they will have the court file. Almost always if the debtor lives a long distance from the "issuing court" the debtor will be told which local court to attend and the "issuing court" can then send the file to whichever court has been nominated.

 

I only asked the question, as in so many posts, people have moved away and are no longer near the issuing court.

 

Perhaps someone should do a sticky post about what to do, when a bailiff calls 'out of the blue', if there is not already one.

[Londoner10]

Oh god oh god!!

 

I've just tried calling and they're unavailable and the number that was available redirected me to the number where there was no one...

 

Is it possible to deny this because of lack of identification? The girl I spoke to also said something about me appearing in court which is why I have the fine?

[unclebulgaria67]

Oh god oh god!!

 

I've just tried calling and they're unavailable and the number that was available redirected me to the number where there was no one...

 

Is it possible to deny this because of lack of identification? The girl I spoke to also said something about me appearing in court which is why I have the fine?

 

You need to deal with this today or tomorrow. See if you can contact the Magistrates court in the borough where you were living. If you search online, you will find a phone number for the relevant court. Arrange to go to see them to make a statutory declaration.

 

I suspect that you gave your full name and date of birth, so unless someone shares this, then it is pretty unlikely they have identified the wrong person.

[tomtubby]

Do you know which court issued the fine?