Marston bailiff help needed ASAP

L11Marc

Had a letter from the Magistrate Court telling me I owe £370 which was sent to me around November time. Did not have a clue what it was for so tried to call the number provided for 7 days straight and not once did I get through to anyone to query the letter. Left it that thinking maybe I'll receive more information soon.

Then recieve a letter dated 2nd January 2014 from Marston High Court Enforcement Officers & Certificated Bailiffs which now said I owe £455 (370 fine + 85 fees) and this letter did give me the information that I could not get from the court. It was a ''speeding - exceed 30 mph on a restricted road on 04/02/2010''. If I would of ever been reminded I would of paid the original £60 or £90 whatever it was to save all this hassle.

It told me I had 7 days to pay or bailiffs will attend to levy distress and remove goods for a public auction sale with a minimum further cost of £215. Did not get to this letter as I had been away working.

I then get a phone call on my lunch break at work from a Marston Bailiff on Friday just gone. He introduced himself and told me he was outside my house (which is my mum's house & she is the only 1 listed on the tenancy agreement). He basically said I had to pay which I replied I cant afford to and I would be willing to pay in installments. The best he could offer me was 1 week to pay half which has now turned into £670 so £335 next week & £335 the following week which I can not afford. He said or the only other option is to get a locksmith out, enter the house and take goods up to the £670 ''owed''. I did mention to him that the only possesions I have at the house are basic needs, clothes, bed, wardrobe etc... no ''luxury goods'' but my mum does have luxury items which she has worked hard for ie. Big tv, stereo system etc... He then replied ''the courts dont care as long as they get their money back''

When I got home there was a big red hand posted letter ''FINAL NOTICE'' telling me I had literally this last chance or more costs will be added. He was ok over the phone but he was pretty stern in telling me its either this or locksmiths.

My problems and concerns are can he enter the house with a locksmith even when nobody is in?
If they do gain entry can they take my mums goods even though I have told them their not mine?
Can they take my bed, clothes and other basic needs?

Really stressed out over this as I cannot afford just to pay out £670. Is there any chance I could go to the courts with all my documents and kind of get the fine reduced or put back to its original cost. Really dont know what to do about this and I fear they'll enter the house and I'll come home from work and all my mothers items have been taken.

Thanks in advance

ardupp

They can come in but cannot take what isn't yours - unless, I believe, you are under the age of majority(18) then the order should be against your parents surely?

Shelley2005_2

They can't take someone else's property but you may have to prove that your mother owns the things in the house.

Poppops

Because the debt is a Magistrate's fine, theoretically I believe bailiffs can use a locksmith. They can't force entry though, as in break a window. However this is very rarely done.

The debt is yours and yours alone. They cannot take your mother's goods but would be helpful if she could prove the TV etc. is hers.

It's a real shame that you didn't get in touch with anyone earlier. You would have received a means testing form from the court when they sent you details of your hearing and would have been able to pay in installments

You need to ring them again. Don't listen to them saying they will take your mum's stuff. If they come round, talk to them outside with the door closed. Tell your mum to tell them it's her house and she is not allowing them entry. She should tell them to sort it with you.

Keep windows and doors locked and move your car.

But most of all, get that arrangement.

L11Marc

Poppops wrote: »

Because the debt is a Magistrate's fine, theoretically I believe bailiffs can use a locksmith. They can't force entry though, as in break a window. However this is very rarely done.

The debt is yours and yours alone. They cannot take your mother's goods but would be helpful if she could prove the TV etc. is hers.

It's a real shame that you didn't get in touch with anyone earlier. You would have received a means testing form from the court when they sent you details of your hearing and would have been able to pay in installments

You need to ring them again. Don't listen to them saying they will take your mum's stuff. If they come round, talk to them outside with the door closed. Tell your mum to tell them it's her house and she is not allowing them entry. She should tell them to sort it with you.

Keep windows and doors locked and move your car.

But most of all, get that arrangement.

Thanks for that. Am I right in thinking I can turn up at the magistrates and sort it there or do I need to make an appointment?

I'll keep calling the number the court letter supplied me with but could get no joy over 7 days

Need this sorting as I think Friday is my last day before they pop round again. Is it worth getting into with the bailiffs to tell them Im going through the court again or?

thanks

hallowitch

get your mum to go to a solicitor and get a statutory declaration done confirming anything of any value belongs to her it cost £5/10 print of a copy and send it to Marston's by recorded delivery






as said previously you should go to the court and inform them you were unaware of this until the bailiff letter turned up (legally the court should have sent you a further steps notice before they send the bailiffs ) tell them you want a statutory declaration done to this effect do not take no for an answer from the person at the desk you speak to you have a legal right to do this and its up to the court to accept or reject it not the desk jockey
do this asap as I believe you only have 21 days from being aware of the fine (bailiffs letter)

hallowitch

STATUTORY DECLARATION

I/We____________________________ ______________
address_________________________________________________
_______________________________________________________

make the following declaration under the Statutory Declarations Act 1959:

All items contained within the property at the above address and within its boundaries, are owned by Mr XXX XXXX & Mrs XXX XXX (There are no items within the property or its boundaries belonging to any other person.)
REMOVE the bit in brackets and put
except clothes that belong to MR xxxx

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

Signed:

Declared at___________________on__________________of 20___
Before me,

<Signature of person before whom the declaration is made>

Full Name___________________________Qualification____________
Address__________________________________________________

of person before whom the declaration is made (in printed letters)

[Deleted User]

hallowitch wrote: »

get your mum to go to a solicitor and get a statutory declaration done confirming anything of any value belongs to her it cost £5/10 print of a copy and send it to Marston's by recorded delivery

But, and this is important, SHE MUST NOT LIE.

Lying on a SD is a very serious matter.

L11Marc

I will sort the statutory declaration this week. Ive just got a feeling because nothings agreed in writing (when their coming next) they'll be in and out tomorrow while im in work and everything will be gone

Herbie21

L11Marc

Sadly, there are some internet sites which try to "claim" that a bailiff enforcing an unpaid Magistrates Court FINE cannot force entry into a property. This is NOT TRUE and unfortunately, it is becoming more common than ever to hear of cases where 'forced entry' has taken place.

Under a Freedom of Information request HMCTS finally released a copy of their Forced Entry Protocol and whether we like it or not..this document cannot be ignored.

Therefore, if goods do not belong to you then please do not delay in getting your mother to swear a Statutory Declaration.

There is a huge amount of information on the powers of Forced Entry in the link below and you will also see at the end of the page that a PDF copy of the HMCTS Forced Entry Protocol can also be obtained here:

http://bailiffadviceonline.co.uk/bailiff-advice/what-goods-can-a-bailiff-take-from-my-home/how-can-i-complain-about-a-bailiff-enforcing-a-magistrates-court-fine




Any questions, please post back.

spacey2012

A protocol is not the law, no persons may break and enter any home without a warrant of entry.