bailiffs arriving in the morning

mothernerd

Went for a walk this afternoon and there was a letter addressed to my eldest son behind the door - just his name, hand printed. He is here temporarily - he and his girlfriend are expecting to move to a rented house in 11 days, midway between their two workplaces.

Didn't look good, but I told him about as soon as he came in. He took it upstairs, then came back down. It was a bailiffs letter (Marstons, as I notice many are on here), saying they had called and would be back to seize possessions. He phoned them up to see what it was about - he had some debts from when he was a student but thought that these were all sorted.

The debt related to a court fine. Someone (not my son) had been caught and arrested by transport police for not having a valid ticket. This person had given my son's details (not sure what, as this information was given by the bailiff). The same bailiffs had issued the summons (or whatever) about the court appearance and had gone to an address where he had previously lived and were told by the tenant that he had been living there for 5 months (it's now about 18 months since my son lived at that address). They had this noted in their files yet still proceeded with the case and in absentia, my son was found guilty. Bailiffs are now taking action because the fine was not paid.

My son suggested that there would be cctv footage relating to the crime which would show that the person committing the offence was not him. He also asked when the incident took place (as there is a 90% chance he could prove he was at work or at the gym when the incident happened). The bailiff insisted that as the matter was now in their hands, the only way for my son to stop the process was to pay the outstanding £450, which he doesn't have. He would not give him the date and when my son said that the house and its contents were mine, he said that he would be round from 6am in the morning with a locksmith and would take anything which I could not prove was mine. The bailiff also refused to give him a phone number for Liverpool magistrates Court (37 miles from my home, even further from where my son was living at the time).

By this time we were both feeling sick and worried. My son is bothered that it will affect the proposed new house as they have had to pay for credit checks and also his job requires him to pass CRB. I suggested first that he and then both of us should go to our local police station to see if they could give us any advice or help. As it was getting late and buses start to get tricky, I ordered us a taxi (way to throw away a no spending day but the walk had finished me off - I struggled to get through my exercise class last night) and then when we got there found that they now close at 5.30pm.

I said that I had phone numbers at home but that had changed but I found one for Merseyside police and they at least listened to him and found him the number for the Magistrates Court and told him to go to CAB in the morning.

I was sticking to my its my furniture and they're not coming in and taking it away but was aware that I sounded a lot braver than I felt. DS3 was now panicking, in case they took his laptop (he's a full-time student but has been making little computer games for the past eighteen months - people download them for a couple of pounds a time). He's not making enough to support himself, his bestseller to date made just over £600 but like he said "My life is on that laptop, I'm finished if they take it" (He's currently working on six games, with other people doing some of the artwork for him, so he spends half the night on the internet). Can you prove it's yours? Mother, it's three years old.

Anyway I came on here and searched for bailiffs and am feeling a lot more confident and militant - we don't let them in, only talk to them through the letterbox, record what they say and do, lock all the doors and windows.

Thanks people, maybe I will at least be able to sleep a bit tonight.

patman99

If this has already been to Court and your son knew absolutely nothing about it. He can apply to have the decision struck-off. He will of course need to find out the case number, but I would hazard a guess that there may well be a way to search by name for cases heard in Court.

If not, then he could try phoning Liverpool Court and speaking to one of their call handlers. Once he has had the case struck-out, he can talk to the rail operator who brought the case and tell them that he has proof that he was not on the train at the time of the offence.

hallowitch

mothernerd wrote: »

Went for a walk this afternoon and there was a letter addressed to my eldest son behind the door - just his name, hand printed. He is here temporarily - he and his girlfriend are expecting to move to a rented house in 11 days, midway between their two workplaces.

Didn't look good, but I told him about as soon as he came in. He took it upstairs, then came back down. It was a bailiffs letter (Marstons, as I notice many are on here), saying they had called and would be back to seize possessions. He phoned them up to see what it was about - he had some debts from when he was a student but thought that these were all sorted.

The debt related to a court fine. Someone (not my son) had been caught and arrested by transport police for not having a valid ticket. This person had given my son's details (not sure what, as this information was given by the bailiff). The same bailiffs had issued the summons (or whatever) about the court appearance and had gone to an address where he had previously lived and were told by the tenant that he had been living there for 5 months (it's now about 18 months since my son lived at that address). They had this noted in their files yet still proceeded with the case and in absentia, my son was found guilty. Bailiffs are now taking action because the fine was not paid.

My son suggested that there would be cctv footage relating to the crime which would show that the person committing the offence was not him. He also asked when the incident took place (as there is a 90% chance he could prove he was at work or at the gym when the incident happened). The bailiff insisted that as the matter was now in their hands, the only way for my son to stop the process was to pay the outstanding £450, which he doesn't have.

the bailiff would like you to think the only way to stop this is for your son to pay the £450 but this is simply not true


He would not give him the date and when my son said that the house and its contents were mine, he said that he would be round from 6am in the morning with a locksmith and would take anything which I could not prove was mine. The bailiff also refused to give him a phone number for Liverpool magistrates Court (37 miles from my home, even further from where my son was living at the time).


the bailiff and Marston's will be reluctant to provide you with any info regarding this because they will lose out on there fee of £300

By this time we were both feeling sick and worried. My son is bothered that it will affect the proposed new house as they have had to pay for credit checks and also his job requires him to pass CRB. I suggested first that he and then both of us should go to our local police station to see if they could give us any advice or help. As it was getting late and buses start to get tricky, I ordered us a taxi (way to throw away a no spending day but the walk had finished me off - I struggled to get through my exercise class last night) and then when we got there found that they now close at 5.30pm.

I said that I had phone numbers at home but that had changed but I found one for Merseyside police and they at least listened to him and found him the number for the Magistrates Court and told him to go to CAB in the morning.

I was sticking to my its my furniture and they're not coming in and taking it away but was aware that I sounded a lot braver than I felt. DS3 was now panicking, in case they took his laptop (he's a full-time student but has been making little computer games for the past eighteen months - people download them for a couple of pounds a time). He's not making enough to support himself, his bestseller to date made just over £600 but like he said "My life is on that laptop, I'm finished if they take it" (He's currently working on six games, with other people doing some of the artwork for him, so he spends half the night on the internet). Can you prove it's yours? Mother, it's three years old.

Anyway I came on here and searched for bailiffs and am feeling a lot more confident and militant - we don't let them in, only talk to them through the letterbox, record what they say and do, lock all the doors and windows.

Thanks people, maybe I will at least be able to sleep a bit tonight.

tell your son to Phone Marston's (recording the call) and ask them what magistrate court issued the distress warrant and the date it was issued inform them that you intend to file a statutory declaration to the issuing court as you were unaware of the fine and have not received any letters from the court regarding this (further steps notice)


If they refuse to provide the information ask them where you can view the warrant if they refuse to tell you thank them for there time and tell them you have recorded the call and will be making a formal complaint to the issuing court when you find out what court it is (follow this up with an e-mail)


when you find out what court it is phone them and speak to them if they tell you there is nothing they can do they are wrong YOU HAVE NOT RECIVED A SUMMONS OR A FURTHER STEPS NOTICE BECAUSE YOU MOVED FROM THE ADDRESS BEFORE ANY LEGAL DOCUMENTS WERE SENT DONT TAKE NO FOR AN ANSWER ask them for there fax no


If the court is to far away your nearest magistrate court may be able to deal with it ask the issuing court to transfer it to there


failing that go to a solicitor and get them to do the stat declaration costs £5/10 ( it costs nothing at court you stand in front of a judge and say you knew nothing of this until the bailiffs arrived at your parents home) ask the solicitor if they will fax it to the court


you have 21 days from being aware of the fine to get the stat dec done




If all you get to joy from the above get in touch with http://bailiffadviceonline.co.uk/ I have no affiliation with this site but it I can assure there advice is spot on its a premium rate phone number and will cost you about £10 but its well worth it


http://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2012/crim-proc-rules-2013-part-52.pdf

mothernerd

Situation is now sorted , hopefully. My son went to Liverpool this morning and has got the statutory declaration. Will take 24 hours for everything to go through but he has phoned the bailiffs (who said they would make a note on his file, NO APOLOGY) and we are going to tape the notice to the front door in case anyone does come round.

None of has slept very much and he is still worried that it may affect the house he and his girlfriend have applied for (losing the deposit and the money they have paid for financial checks). If this happens he will investigate suing the bailiffs. As it is he has wasted his day off and had the expense of travelling to Liverpool, due to some very sloppy work by nasty bailiffs ( the very helpful policewoman he spoke to last night on the phone said a few uncomplimentary things about them).

Someone with the same first and last names (neither uncommon - that's why he has a middle name) and date of birth as my son dodged a train fare of £2-87. The offence happened in Liverpool, Merseyside Transport Police arrested him and it went to Liverpool Magistrates Court - why pick on someone living 40 miles away, who has no connection to the case at all.

Anyway thanks to everyone who helped and gave advice, I am still shaken up - you think they should be old enough to look after themselves but when you see your extremely capable nearly 29 year old firstborn on the verge of tears because some idiot insists that he either pays £450 or will get sent to jail. Just thank you all for being there.

hallowitch

mothernerd wrote: »

Situation is now sorted , hopefully. My son went to Liverpool this morning and has got the statutory declaration. Will take 24 hours for everything to go through but he has phoned the bailiffs (who said they would make a note on his file, NO APOLOGY) and we are going to tape the notice to the front door in case anyone does come round.


well done for getting it sorted quickly and don't worry they wont waste there time and money coming round to your house they know they are on a loser with this one

None of has slept very much and he is still worried that it may affect the house he and his girlfriend have applied for (losing the deposit and the money they have paid for financial checks).


tell him not to worry about that it wont show up in a financial report


If this happens he will investigate suing the bailiffs. As it is he has wasted his day off and had the expense of travelling to Liverpool, due to some very sloppy work by nasty bailiffs
( the very helpful policewoman he spoke to last night on the phone said a few uncomplimentary things about them).
well done that police woman

Someone with the same first and last names (neither uncommon - that's why he has a middle name) and date of birth as my son dodged a train fare of £2-87. The offence happened in Liverpool, Merseyside Transport Police arrested him and it went to Liverpool Magistrates Court - why pick on someone living 40 miles away, who has no connection to the case at all.

Anyway thanks to everyone who helped and gave advice, I am still shaken up - you think they should be old enough to look after themselves but when you see your extremely capable nearly 29 year old firstborn on the verge of tears because some idiot insists that he either pays £450 or will get sent to jail. Just thank you all for being there.

Its very scary when a bailiff turns up at your door and you know nothing about it and they wont provide you with the information to get it sorted (because they lose there fee of £300 for a magistrate court fine)