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In a bit of a panic

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  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If this is a magistrate court fine (and i suspect it is ) then marstons can charge £75 for sending a letter and £200 visit fee

    If you have no knowledge of this fine you need to file a statutory declaration
    this is post by a well know poster on another site (consumer action group) who knows her job very well( bailiffadviceonline )
    If you were unaware of the fine being issued or correspondence had gone to a previous address, then the ONLY way to get this debt away from the bailiff and returned to the court is by way of a Statutory Declaration.

    This will need to be sworn in front of a solicitor and this should cost just £5. The Statutory Declaration must then be either faxed to the Magistrates Court where the fine originated from or taken there in person.

    The bailiff MUST then withdraw all enforcement.

    The following is a template Statutory Declaration.


    I:
    Ms Smith of: 1, The Street, Anytown, Anywhere. Post Code.

    DO SOLEMNLY AND SINCERELY DECLARE THAT:

    I had no prior knowledge of any correspondence from xxxx Magistrates Court following an offence on (enter date) for (enter offence ie; exceeding the speed limit). From information provided to me today by the Magistrates Court I am informed that a hearing for this matter was held in my absence where I was fined (enter amount) with costs of (enter amount) and that (ie; my licence was endorsed with three points).The reference number for this case is: (enter case number)

    AND THAT:

    Notification of this fine first came to my attention on (enter date) when a bailiff from Martson Group Ltd came to my home and gave a letter to my mother. This letter stated that he was in possession of a distress Warrant dated (enter date) and that he required a sum of (enter amount) within 3 days failing which he would return with a locksmith.

    I would like to advise the Court that I am suffering from (enter health problems if any). In addition, I am receiving medication for ie; (severe depression etc) and have been under the care of a counsellor.

    My financial position is that I am in arrears with my mortgage and I am in discussions with my electricity and gas provider as I am currently facing disconnection. I also have arrears with credit cards and loans.

    I genuinely do not remember receiving documentation concerning this fine.

    I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

    DECLARED AT:

    SIGNED:

    DATE:

    Before me:


    Solicitor/Commissioner for Oaths:
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • NeverAgain_2
    NeverAgain_2 Posts: 1,796 Forumite
    There are two parties here, one reasonably honest - the court - the other reasonably dishonest - the bailiffs.

    You need to be asking the court and telling the bailiffs, not the other way around.

    So to repeat what dancing fairy said, ring your local court with the 'HM Courts Service' reference number you have and pick their brains.

    They may be able to tell you if it's a county court - debt - ref number, or a magistrates' court - fine - ref number, or they may be able to tell you which court centre issued it.

    Until you know what - if anything - the court has on you, you cannot deal with the bailiffs.

    If the bailiffs get nasty, you must tell them plainly: "I am not prepared to believe what you say."
  • Tixy
    Tixy Posts: 31,455 Forumite
    Had forgotten magistrates court fines had a different fee charging scale hallowitch, thanks for the correction.
    Also its worth mentioning that in some circumstances bailiffs collecting a magistrates court fine can break into your property even if you haven't let them in before

    If it is a court fine then it is probably worth a read of this, so you understand the process.

    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=13_magistrates_court_fines
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • casbah
    casbah Posts: 30 Forumite
    Also with regards to a vehicle..............its not only vehicles they will levy on (I have only experienced council tax bailiffs) they have levied (illegally) on a satellite dish. So if you have a patio table and chairs, lawn mower or anything else try and get them locked away, if you have a shed cover the window ( don't forget they only need to see it).
    Draw your curtains if they can see in.
    You have been advised to contact 'baillifadviseonline' I tried that route and was very disappointed with the 'help' I got, it actually only resulted on a very high phone bill.
    I'd advise you to go for national debtline.
    Also if you do go the Statutory Declaration route, firstly photocopy it, send the form to the court, keep another copy for yourself and send a third copy RECORDED DELIVERY to the Bailiff company, that way they have to sign upon receipt, this puts them aware that you are disputing it, they should not act whilst it is in dispute.
    Good luck
    Cas
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