Marstons at the door an hour ago

[Satterthwaite]

2 debt collectors called asking for over £400 for an unpaid fine from 2005 at the magistrates court.

 

I knew nothing about any unpaid fine so no way were they getting a penny.

 

They showed me some paperwork the unpaid fine was £165 the rest were their fees from a visit 10 ten days ago and today.

 

No way did anybody visit 10 days ago, he reckons they would have left a note, I have nevre had a note.

 

Obviously I was not letting them in and told them i was not paying.

 

So they said they would wait outside for "the bailiffs and the POLICE and they would execute the warrant and take goods to the value of the £400 and odd quid."

 

I said ok and shut the door, they sat in their car, i went on the internet.

 

A quick frantic search revealed they were lying to me and as far as I could see they could not claim their fees and unlikely they would force entry.

 

I went back out to them and asked when the police were arriving? "as it is a grade 2 in about 10 to 60 minutes"

 

So I went back in, 20 minutes later a card popped through the letterbox and they drove off.

 

The card had the Marstons logo date ref etc, but said that they had attended to execute a Distress Warrant issued against me and that I was wilfully trying to evade payment..........and that I should be aware that there exists a power under Schedule 4A

of the Domestic Violence Crime and Victims Act to enable us to enter your property, BY FORCE, using locksmiths where required to execute this warrant.............I will be re-attending your premises with a locksmith if necessary, to conclude this matter. I may if appropriate request authority to use the above powers of entry.

 

I am not happy and need to do do some more reading up about bailiffs and their tricks but i thought i would share this story.

[unclebulgaria67]

I would suggest that you contact the Magistrates court concerned to arrange to pay the fine if you owe this, as otherwise at some stage you will be asked to attend court to explain why you were not paying. If you refused to pay, they could send you to prison.

 

If you do not feel that there is an outstanding fine, then still contact the Magistrates to see what complaint process needs to be followed.

 

Bailiffs can force entry for unpaid fines, but this is not a regular occurence, as they would prefer to deal with it in other ways.

[Fulhamboy]

You done the right thing, did they show you the distress warrant ? Do you know what court issued it.

if so thats the first port of call .Contact the court to find out what it is about then basically go back

to your local court and get them to put the bailiff action on hold .With your local court you might get a jobsworth telling you to deal with the bailiffs, you have to stand firm with them. I 'm surprised the bailiffs

didn 't push past you when you answered the door . Calling the police is a load of rollocks said to

frighten you into paying. There wont be a locksmith unless the bailiffs go back to the court. Be

prepared for another visit, but if you didn 't take any manure from them they will move onto the next victim

[Satterthwaite]

Uncle Bulgaria, thanks for the advice.

 

Fulhamboy, to be honest I am not sure if what they showed me was a distress warrant, I have never seen one, I must admit i was caught by surprise.

 

Why come up with the story that they were collected the debt and because I would not pay them the BAILIFFS and the POLICE would be along soon?

 

Do you think they could have tried to push past me, thats a bit worrying,

 

It seems it was for a fine for not having a TV licence in 2005, I am going to the court this afternoon to find out whats going on.

[Satterthwaite]

According to the Certificated Bailiff Register his certificate has expired.

[Fulhamboy]

Barstons are the no1 enemy on this site. Their bailiffs are not the most popular or trustworthy. For your own peace of mind IF they come again dont answer the door or talk to them through the letter box

[tomtubby]

If you had not received a summons there is a very simple procedure and this involves you contacting the "issuing" court and filing what is known as a Statutory Declaration.

 

All enforcement will then cease and bailiff fees will be removed.

 

The relevant government agency (DVLA / TV Licensing ) may if they wish then send to you a NEW summons. However, this all depends on the period of time that has elapsed since the fine was imposed.

 

A stat dec must be filed within 21 days of "becoming aware of the matter".

[Satterthwaite]

I have been to the court and it was fine I received for not having a TV Licence in 2005.

 

Interestingly they said I had pleaded not guilty and it was proved in my absence and i was fined, they went on to say because I did not pay the fine, notices were sent to me and then a distress warrant was issued. It was not executed and so it was returned back to court. Then nothing for 8 years till the 2 goons turned up today.

 

The thing is I did plead not guilty, but I did attend court and I paid the fine there and then.

 

I now have to go to court next week for a fines hearing, not sure what that entails but as ever will do some research.

[unclebulgaria67]

I have been to the court and it was fine I received for not having a TV Licence in 2005.

 

Interestingly they said I had pleaded not guilty and it was proved in my absence and i was fined, they went on to say because I did not pay the fine, notices were sent to me and then a distress warrant was issued. It was not executed and so it was returned back to court. Then nothing for 8 years till the 2 goons turned up today.

 

The thing is I did plead not guilty, but I did attend court and I paid the fine there and then.

 

I now have to go to court next week for a fines hearing, not sure what that entails but as ever will do some research.

 

If you paid the fine, then ask to make a statutory declaration that you paid the fine and ask that the Magistrates look into this.

[tomtubby]

 

 

I now have to go to court next week for a fines hearing, not sure what that entails but as ever will do some research.

 

 

I am glad to hear that the court are allowing you to go back to court. Have you asked them to advise the bailiff company? It is very important that you get the court to get the matter on hold until the outcome of your attendance at court.

[Satterthwaite]

TT,

Yes it is in on hold.

[postggj]

Tomtubby

 

Warrants for fines and Marstons

 

Are Marstons still trying to claim fictitious fees, i thought the were only allowed to charge a set fee executing a bench warrant

[tomtubby]

Tomtubby

 

Are Marstons still trying to claim fictitious fees, i thought the were only allowed to charge a set fee executing a bench warrant

 

 

This is news to me !!

 

You say "fictitious" fee. This is not true but I would be interested to know where you have obtained this information.

[postggj]

Its just comments that i have come across on various bailiff forums, i myself know nothing on bailiff legislation

 

I thought that marstons had a commercial contract with the HM court service, and that contract dictated the fees marstons can charge

 

I do not know for definite, its just that i am trying to confirm if true or not

Edited June 11, 2013 by squaddie

[tomtubby]

There are a handful of websites which CLAIM that the fees charged are illegal and these sites even go so far as to provide unsuspecting debtors with very lengthly letters that are littered with endless references to old and obscure case law. The debtor will be instructed to send such letters to either the SECRETARY OF STATE or alternatively, an individual person at the Ministry of Justice.

 

Debtors (who are desperate for HELP) will be "persuaded" by these websites that these letters will lead to the bailiff fees disappearing and the more bizarre claims that bailiff companies/the Ministry of Justice or the Secretary of State have REFUNDED fees (previously paid).

 

It is noticeable the number of debtors who are posting back on these various forums with copies of standard letters from the Ministry of Justice which advise the debtor that the fees being charged are correct. By and large the majority of the contents of the letters are being IGNORED.

 

Viewers to the various websites should be asking the sites WHY they refuse to provide any EVIDENCE to support such "claims".

 

With one or two particular websites, they have a specified area of the forum for "Success stories". Strangely, no EVIDENCE is provided on here either from the debtors themselves of such successes.

 

Hopefully later today I will be starting a NEW THREAD on this very subject.

[Satterthwaite]

How relevant is it that his certificate expired in April?

[tomtubby]

Very often the register is not up to date. You need to check with the company.

[wonkeydonkey]

It is noticeable the number of debtors who are posting back on these various forums with copies of standard letters from the Ministry of Justice which advise the debtor that the fees being charged are correct. By and large the majority of the contents of the letters are being IGNORED.

 

Viewers to the various websites should be asking the sites WHY they refuse to provide any EVIDENCE to support such "claims".

 

With one or two particular websites, they have a specified area of the forum for "Success stories". Strangely, no EVIDENCE is provided on here either from the debtors themselves of such successes.

 

Hopefully later today I will be starting a NEW THREAD on this very subject.

 

It would appear if people question any aspect of the advice given on the small site eg: dare ask for the 'evidence' in support of it or indeed offer constructive advice backed by evidence they are either banned or their post moved to areas not open to public viewing!!

 

There is a strong degree of paranoia on that site, you and I are said to be one and the same person!!

I was quite honoured to read that but the reality of course is ..I can only dream to have your vast knowledge of bailiff issues.....but I am learning and do have certain skills in some areas.

[Satterthwaite]

Can anyone link me to what a distress warrant actually looks like.

 

Thanks

 

Don't bother looked on google images there are plenty there.

Edited June 12, 2013 by Satterthwaite
applied brain and looked for my self

[Satterthwaite]

Mention is made here of phantom visits, http://www.express.co.uk/news/uk/407830/Clampdown-on-the-bullyboy-bailiffs-to-protect-families

 

I believe that's what they (Marstons) tried with me.

[Satterthwaite]

I have been back to court.

 

The case was thrown out, the magistrates could not believe it.

 

The court clerk was totally bemused how something that was resolved 8 years ago can suddenly re appear the way it did.

[brassnecked]

Exellent, so marstons are away with a flea in their ear then. Wonder if the bailiff will still call, as in a "Nobody told me guv, now pay up or else"?

[Satterthwaite]

According to the records his certificate had expired in April and I have had that confirmed by Lynn Spooner

Certificated Bailiff Register at Northampton County Court Bulk Centre

[Fulhamboy]

Afternoon Satterthwaite,

A letter to Barstons ( formal complaint ) asking for an explanation and how about some financial redress. See what they have to say for themselves.

What a wonderful, well organized Co they are, either that or the bailiff is on the make

Edited July 8, 2013 by Fulhamboy

[ploddertom]

either that or the bailiff is on the make

 

Think we've seen this before where someone has "lifted" some old info to try their arm at!