Help needed-Magistrates Court Order

hallowitch

As this is a magistrate court fine yes the bailiff has a right to force entry

Having said that this very very seldom happens if you are a Tennant and you live with the landlord then the landlord needs to inform marstons that you are his Tennant and you do not own anything in the property except personal items such as clothes
(best way to do this is by statutory declaration done a local solicitor costs approx £5/10)

you need it go to the court that issued the fine and file a statutory declaration this will stop all enforcement

Sirdan

Langanj wrote: »

But they haven't right to be on private property, ie my landlords flat

Wrong if they are enforcing a Magistrates Court fine they DO have a right to be on / in your property.

Sirdan

hallowitch wrote: »

As this is a magistrate court fine yes the bailiff has a right to force entry

Having said that this very very seldom happens if you are a Tennant and you live with the landlord then the landlord needs to inform marstons that you are his Tennant and you do not own anything in the property except personal items such as clothes
(best way to do this is by statutory declaration done a local solicitor costs approx £5/10)

you need it go to the court that issued the fine and file a statutory declaration this will stop all enforcement

Not so it won't stop all enforcement action just balliff action.
Magistrates Court fines just don't go away.
If balliff action is not appropriate the Court could issue a summons or ultimately it could issue a warrant for arrest for non-payment of fine.

Worth noting that if the Court issues a summons and this is ignored then the arrest warrant will be for "failure to appear" AND "non payment of fine" ...so as well as the original fine there would be a second offence to be dealt with also. :-(

Langanj

No the landlord does not live at the property.

Is there anything I can actually do to prevent them coming in and taking our stuff, obviously I'm not in a position to pay in full,

Langanj

Also as their letter does not state what the debt is for how would I find this out? And also have the debt returned to court as I say this is the first notice I have received

hallowitch

Sirdan you are quite right it wont stop enforcement just the bailiffs when i said enforcement i should have made my self clear in my post

A valid statutory declaration will revoke the distress Warrant and all bailiff fees will then have to be removed. (bailiff fees letter fee £85 visit fee £215)




Langani if you have moved house and did not receive any correspondence from the court then you need to go to the court and file a statutory declaration informing the court you were unaware of being fine until marstons sent you a letter visited your home

Langanj

hallowitch wrote: »

Sirdan you are quite right it wont stop enforcement just the bailiffs when i said enforcement i should have made my self clear in my post

A valid statutory declaration will revoke the distress Warrant and all bailiff fees will then have to be removed. (bailiff fees letter fee £85 visit fee £215)




Langani if you have moved house and did not receive any correspondence from the court then you need to go to the court and file a statutory declaration informing the court you were unaware of being fine until marstons sent you a letter visited your home

Thanks you this info much appreciated.

So what do I do when they turn up, inform the bailiff I have filed a statutory declaration and I'm taking it up with the court? Also I'm not exactly sure what court I should be contacting ?

Thanks for all your help guys

hallowitch

Langanj wrote: »

Thanks you this info much appreciated.

So what do I do when they turn up, inform the bailiff I have filed a statutory declaration and I'm taking it up with the court? Also I'm not exactly sure what court I should be contacting ?

Thanks for all your help guys

until the bailiff is informed by the court he wont/cant stop enforcement

marstons are famous for doing this i would go as far as say the distress warrant will have a different address to the one you are living at now so its not in their financial interest to furnish you with the information you need

as said this wont go away and needs to be delt with asap as i belive you only have 21 days from being aware of the fine to file the stat dec at the court
Its very difficult to get this sorted without the information you need

can you record your calls on your mobile phone ?

Phone marstons and ask the date of the fine the reason for the
fine the amount of the fine and the issuing court and where you can view the warrant remind them of there obligation under current legislation The Criminal Procedure Rules 2010(they were amended 2011 and 2012 but i don't belive this part was amended )


don't be surprised if they tell you to deal with the bailiff

tell them thats fine you have recorded the the call and will be making a formal complaint to the court manager and your MP
you then phone the bailiff and ask him the same questions
if he fobs you off tell him the same thing

also txt him and ask the questions keep a copy of the text

then go to your local court with/without the recording and get them to sort it out for you




The Criminal Procedure Rules 2010
5) A person executing a warrant of distress shall—

(a)either—

(i)if he has the warrant with him, show it to the person against whom the distress is levied, or

(ii)otherwise, state where the warrant is and what arrangements may be made to allow the person against whom distress is levied to inspect it;

(b)explain, in ordinary language, the sum for which distress is levied and the reason for the distress

Langanj

Ok I have Spoken with marstons and they given me the info

The fine was issued in December 2007 at hammersmith magistrates for failure to pay a tube fine.

I've explained that I haven't received anything from the court and certainly not received anything from marstons about this.

She said that she will put a note on the account that I will be contacting the court to apply a statutory declaration but she says if the bailiff comes to my home they will add on £250.

The fine with the magistrates was £165 so I guess I now need to contact the court and explain what's happened to them?

Also will I have to pay marstons add ones if I lodge the statutory declaration?

dt3887

once/if the stat dec is accepted by the court, it will effectively go back to the stage at which you were first summonsed IIRC. so i would say no about their fees you will have to go to the court to plead your case and try and arrange a repayment plan with the court