Marston Bailiff at the door

ankspon

As you are a private address and not commercial premises they cannot force there way in,they can walk into an unlocked home but not force it.

give_them_FA

Get used to the fact that bailiffs tell lies. If he proposes to call again, try to have a witness present and video what goes on.

And I knew someone who was in this situation, also with Marstons. The bailiff recovered nothing because the person refused to allow them into the property.

The warrant was returned to court and the "fees" which had been added were cancelled. So don't pay them a penny.

robredz

Op has also posted for advice on CAG as i have seen a similar thread on there, If Op can get court to acknowledhge fine is discharged, and a printout reciept showing this, maybe passing a copy through the letterbox to the scumliff, and he is, a scumliff, having viewed the video, he is a complete moron, the bailiff should have gone away, as soon as the third party became involved. Instead he had an up and downer with someone who wasn't the debtor. He isn't fit to be a bailiff.

ppc_guy

Wow! after listening to the video i would surrender your wife.! Her voice is so annoying.

Also in theory the case would have been sent to Marstons on or before the 10th (it takes a few days to organise going round i would guess. Along with that the terms of the Post office cards normally have a message like "funds take 3-5 days to be received. Please ensure you allow for this when paying" so whilst post office payment may have been made on the 10th it may not have been received by the courts until 13th-15th so the OP would still be liable to pay the Bailiff fees.

give_them_FA

Maybe, maybe not, guy. But as the bailiff appears not to have behaved in a proper professional manner, getting the fees might not be a priority even for a firm with Marstons' dubious reputation.

They've already shot themselves in one foot, they need the other to continue hobbling.

robredz

give_them_FA wrote: »

Maybe, maybe not, guy. But as the bailiff appears not to have behaved in a proper professional manner, getting the fees might not be a priority even for a firm with Marstons' dubious reputation.

They've already shot themselves in one foot, they need the other to continue hobbling.

The bailiff left himself wide open for complaints when he rounded on the OP's wife and called her a "Fat C**t" he should have walked away, as soon as she started bawling at him.

robredz

ppc_guy wrote: »

Wow! after listening to the video i would surrender your wife.! Her voice is so annoying.

Also in theory the case would have been sent to Marstons on or before the 10th (it takes a few days to organise going round i would guess. Along with that the terms of the Post office cards normally have a message like "funds take 3-5 days to be received. Please ensure you allow for this when paying" so whilst post office payment may have been made on the 10th it may not have been received by the courts until 13th-15th so the OP would still be liable to pay the Bailiff fees.

Technically correct as if a payment is due on the 10th, you have to pay it in on the 5th to be sure it would be "Cleared Funds" by the 10th If you paid cash over the counter, rather than with a card, then arguably it would count as cleared funds, at least in the perception of the public, if not in the mind of a cash hungry bailiff.

esmerobbo

Unfortunately if this fine was for a criminal conviction a bailiff can force an entry! However they very seldom do!

http://www.bailiffadviceonline.co.uk/magistrates_canthebailiff.htm

Aretnap

ankspon wrote: »

As you are a private address and not commercial premises they cannot force there way in,they can walk into an unlocked home but not force it.

Not quite correct I'm afraid. If they're enforcing criminal fines (as opposed to most other debts) bailiffs can use "reasonable force" to enter any property, even a private home. See here - it was inserted by the Domestic Violence, Crime and Victims Act 2004 (seriously).

In practice I believe that it's unusual for these powers actually to be used, but they are there.

Esmerobbo beat me to it...

robredz

esmerobbo wrote: »

Unfortunately if this fine was for a criminal conviction a bailiff can force an entry! However they very seldom do!

http://www.bailiffadviceonline.co.uk/magistrates_canthebailiff.htm

May be a way out if bailiff is attending for "Fees Only"and the court haven't refunded the fine to allow the bailiff to go after the whole amout