bailiffs and police

hallowitch

this looks like a magistrate court fine therefore the advice I would give it to get yourself a statutory declaration this can be done at any solicitor's and should cost you £ 5/10

a copy of the stat dec should be sent to marstons by recorded delivery

in the mean time keep them out your house they cant touch your car as its a mobility vehicle

Feelingscared

Hello happygirl148,
Thank you for your help.
Do you think I should email that letter to them?

happygirl148

yes i would email the letter to them but also make sure you post a copy recorded delivery so they can't claim they never received it

Feelingscared

I've managed to speak to my ex. He's phoned a central number for the court and found out the original fine was for a traffic offence ( making an illegal right turn).
Can the bailiff come in for that?
He's said he's going to call the bailiffs now to try and arrange a payment plan.
Fingers crossed I can stop shaking soon.

Thank you so much for all of your help xxx

hallowitch

Feelingscared wrote: »

I've managed to speak to my ex. He's phoned a central number for the court and found out the original fine was for a traffic offence ( making an illegal right turn).
Can the bailiff come in for that?
He's said he's going to call the bailiffs now to try and arrange a payment plan.
Fingers crossed I can stop shaking soon.

Thank you so much for all of your help xxx

Marston's wont accept a payment plan for a magistrate court fine

do you know if your x was aware of the fine before Marston's turned up at your door

if the answer is no then this should help him
adapt the stat dec to suit his needs

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. A valid statutory declaration will REVOKE the disress Warrant and all bailiff fees will then have to be removed.

A Statutory Declaration can also be made AFTER a person has had to pay a bailiff to avoid the removal of their goods.

It is important to be aware that a Statutory Declaration should be submitted within 21 days of becoming aware of the fine.

This will need to be sworn in front of a solicitor and 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 Warrant of distress (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:

fatbelly

This thread is really confusing. Steptoe is the OP and has Penalty Charge Notices now with a bailiff under the County Court process.

Feelingscared jumps in at #5 and has a bailiff acting on Magistrates Court fines. (?)

Thread needs to be split really

Feelingscared

So sorry for the confusion. It's my fault entirely, I have no idea how to use the site, so jumped in on someone else's thread.
Sorry

dancingfairy

When you've got time have a look on the National Debtline's website. They have fact sheets on everything from dealing with magistrate court debts , to bailiffs for council tax etc.
If you ever feel threatened then call the police. You can always get in touch with the police on the non-emergency number and say that you felt threatened by a bailiff this morning and you fear he will return and that he has threatened to force entry and that you are vulnerable. Hopefully they will place you on a higher response then if you ever did need them to attend.
df

pauletruth

again they can't take your stuff or your cars. only the property of the debtor. the rest is just threats. your not to let them in or sign anything. just keep telling them that he does not live there. as your x informed them of his current address don't leave it to him just tell them.

Feelingscared

Thank you everyone for all your advice.
I've had an awful day! I've spoken to solicitors, courts, cab, more courts, bailiffs ( yuk), helplines ~ basically if I could think of someone I rang them!
They pretty much told me the same things "don't let him in" ~ "try and make a payment plan", the court did say that the bailiff had already imposed their maximum fees so the account can't go up anymore.
The bailiff was a real nasty piece of work ( I've dealt with a few of them in the past, but this one was something else entirely). He wouldn't accept any kind of payment plan ~ it was pay all by 5pm or I'm coming back with locksmith, police and arrest warrant.
I finally spoke to a really kind man at the court who has frozen the account for 28 days, I need to provide him with proof of my sons illness and my disability and they will review the account. I will deal with that tomorrow. I will also spend some time figuring out how to use this site, as it was rude of me to jump in on someone else's thread.
Fingers crossed for next weeks repossession hearing.
Thanks again for all your help
Xxx