Marston Bailiff at the door

esmerobbo

robredz wrote: »

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

I agree but I think it needs the court to call the bailiff off by cancelling the warrant.

robredz

esmerobbo wrote: »

I agree but I think it needs the court to call the bailiff off by cancelling the warrant.

They should , but will probably not do this, and the bailiff will keep calling.

give_them_FA

Well, if the bailiff has embarrassed himself by giving cause for an official complaint, it may be that the company will not want to stir it up over a small amount such as they are claiming. Otherwise, a complaint through the Department of Justice appears on the cards.

fil_cad

OOOoooh that vidio is TOP! i bet if that stupid a55###e scummy money sucking bailiff calls back again it will be in armour protected tank! lol

give_them_FA

Not the sort of deportment one is entitled to expect from a duly appointed Officer of the Court, is it? There again, perhaps he forged his certificate...

speedyturtle

As marston didnt want people to look at the video, i thought ill post it again.

http://www.dailymotion.com/video/xqxbq5_marston-bailiff-at-the-door_news

sgtbush

speedyturtle wrote: »

This is what happened today



Hello guys,
i was wondering if any of you could help me please.

I got a £90 court fine from last year,
i went to court and said i cant pay any fine as i wasnt claiming any benefits and i had no income and their reply to this was that you are liable to get benefits
and it doesnt matter so u claim benefits and pay the fine.

I asked the court that i need time so i can start paying the fine which was £5 a week and was suppose to start from the 1st of november
and cause my benefits werent sorted out till that time

i called them to give me one more month where i can start paying from the 1st of december,
the lady i spoke to was really nice and said that she will also send me a card from which i can pay into post office.

i paid £20 in december and £20 in january and than due to change of circumstances
where i could put my name in the benefits as well our benefits were stopped at the end of january with our tax credits and housing benefits were put on hold as i was added in the benfit system.

ok this is were you have gone wrong--- you agreed to pay £5/week

that is the agreement
you broke it technically by paying 20/month
do the math £5 per week is =to £260/year
£20/month is =to£240/year
you should of been paying £21.67/month
BUT you agreed to pay weekly not monthly
you broke the agreement
the courts, when they were not recieving monies from you would of thought " uh oh non payer-- issue a warrant of distress and send the bailiff round to enforce it"
The courts say that a bailiff company can add 215 to enforce the warrant
this is set by the courts not the bailiffs
Unger paragraph 3 of schedule 4a of the magistrates court act 2004 and the DVCV act 2004 a bailiff CAN use force to enforce a distress warrant issued from the courts
in short civil debt-- no forced entry
magistrates court fine under distress FORCED ENTRY
their are not many cases of forced entry tho, b4 it wud get to that the bailiff would call the police to make sure that the debtor keeps the peace-- the bailiff CAN force entry the police wont help him, just make sure the debtor does not STOP him from entering

you also broke the agreement when you didnt pay for a while- how would the courts know what your circumstances are without telling them.
Worst thing that can happen now is the bailiff returnes the warrant as un-enforcable and the magistrates can issue a warrant of commital for you, your arrested by a bailiff,police or both and taken to the courts where you will appear to explain why you failed to pay
this will include the 215 fees added to your original bill

i dont sugar coat replys, you need all the facts to make an educated decision on what to do next

give_them_FA

Ummm.... like, it didn't happen "today" it happened seven weeks ago..... you need to pay attention at the back there!:rotfl::rotfl::rotfl:

speedyturtle

sgtbush wrote: »

ok this is were you have gone wrong--- you agreed to pay £5/week

that is the agreement
you broke it technically by paying 20/month
do the math £5 per week is =to £260/year
£20/month is =to£240/year
you should of been paying £21.67/month
BUT you agreed to pay weekly not monthly
you broke the agreement
the courts, when they were not recieving monies from you would of thought " uh oh non payer-- issue a warrant of distress and send the bailiff round to enforce it"
The courts say that a bailiff company can add 215 to enforce the warrant
this is set by the courts not the bailiffs
Unger paragraph 3 of schedule 4a of the magistrates court act 2004 and the DVCV act 2004 a bailiff CAN use force to enforce a distress warrant issued from the courts
in short civil debt-- no forced entry
magistrates court fine under distress FORCED ENTRY
their are not many cases of forced entry tho, b4 it wud get to that the bailiff would call the police to make sure that the debtor keeps the peace-- the bailiff CAN force entry the police wont help him, just make sure the debtor does not STOP him from entering

you also broke the agreement when you didnt pay for a while- how would the courts know what your circumstances are without telling them.
Worst thing that can happen now is the bailiff returnes the warrant as un-enforcable and the magistrates can issue a warrant of commital for you, your arrested by a bailiff,police or both and taken to the courts where you will appear to explain why you failed to pay
this will include the 215 fees added to your original bill

i dont sugar coat replys, you need all the facts to make an educated decision on what to do next

Yes you are right about the payment in normal circumstances, but i have been ahead in paying my fine in the first two payments, if i paid my first payment of £20 on time and than my second payments before the same month ends than i am ahead. The problem irised when i call the court to get an extra month as i was struggling and later on i found out that the court has got a record of me calling them but no record of asking an extra month so someone somewhere messed up. The problem in all this is that court does not send you any letters of confirmation, whether you want more time or if you have paid your fine in full so its your words against them.
As for the fine, my last payment might be late but i paid my fine 10 days late but before i was sent a letter from the marston. I paid the remaining of my fine on the 10th of february. Now this is where something doesnt add up, if marston was dealing with it than they would have kept on dealing with my case but we have found out that my case was sent back to court on the 13th, when the fine is sent back to court it means that all the bailiff charges are finished and if the fine is paid than the case is closed BUT within two hours the case is sent back to marston again. Some people might say that it might takes longer than 3 days for the fine to reach the court but my first question would be that who was the person and why was my case sent back to court, secondly why was this case given back to marston AGAIN when the fine was already paid in full. We all know that these bailiff companies make millions so is there any funny business going on? are people at the court getting some extra benefits to send these cases to bailiff companies?
I have spoken to legal community advice and they have said that the bailiff CANNOT levy on anything just for there own fees(so £215 + £85 = £300) if the fine is paid in full, the most they can charge is there administration charge of £85 for sending me a letter and i am gonna dispute that as well.
Right now i am looking into getting an inquiry done at the court and i have got few places in mind to contact which are police station, court, ministry of justice, local mp or any legal team who can help me look into it. My feeling is that someone somewhere is doing all these things for there personal gains so i will try my best to look into it and if anyone here can help me or got any ideas than please feel free to advice me.
Thanks

Coupon-mad

Go to bailiffadviceonline if you haven't already. Costs a tenner to register and get the right advice & help.

I have no connection with them but we often advise people to go there with any bailiff costs/procedures issue.