Thread: Marstons bailiff help please

I had a surprise visit from a marston bailiff at 5pm on 24th june saying i owed £475 for unpaid fine (tv licence) i am paying £5 P/W directly from my income support for a fine when i showed paperwork i was told this is a different fine,i have no knowledge of this at all,he told me the van & men were just around the corner with the police waiting for a call if i didn't pay in full or refuse him entry into my home,
I am a single parent of two girls & i am also caring for my nephew who has autism as i have for the last 10yrs, i don't know what to do, i have no money to pay this and he is coming back at 12pm today 25th june for full payment
if not he will force entry, i feel physically sick havn't slept all night
surely they have to give some time to do something as i didn't know about it
my nephew was very distressed when bailiff called as he could see i was upset the bailiff just said as he gets disability should be bucketloads so can afford to pay up, i am so scared of his return today can someone please help..

no case no. just a card saying he had been refused entry & that i was willfully avoiding him and he is going to return and can gain entry by force
he has written on card will be returning before 12pm today

Originally Posted by shazmojo

from my income support...

...my nephew who has autism as i have for the last 10yrs, i don't know what to do, i have no money to pay this and he is coming back at 12pm today 25th june for full payment...


...i feel physically sick havn't slept all night...

...my nephew was very distressed.

You are classed a vulnerable persons for the purpose of civil enforcement by the National Standards for Enforcement Agents and the baliff must cease enforcement action. More: Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

If the bailiff returns, then hand this letter through a window and take his mugshots with your mobile. Never open the door.

BY HAND

DATE

Dear Sir/Madam

Re: Your visit to [1st LINE OF ADDRESS]

I write further to your visit by your bailiff and confirm I classed a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives on the grounds of:


a) I am a carer of a minor who is medically diagnosed a special needs child
b) I am in receipt of a prescribed benefit
c) You are causing undue stress on the child

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed. I ask that you adhere to your own regulations otherwise:

i) you may be at risk of being reported to your certificating court on a Form 4
ii) you may be reported to police for pretending to have a right to commit breaking and entering and you risk a criminal record.
iii) I retain the right to apply for a restraining order against you under the Protection from Harassment Act 1997 which you may be liable for costs
iv) I retain and distribute your photographs for crime prevention reasons

Please now quietly leave the property and return the case to the court with a copy of this letter.


Yours Faithfully


YOUR NAME

my nephew is 28yrs old he has severe learning difficulties with a mental age 6/7yrs will this still apply. thanks

do i still contact the courts as soon as they open or wait till have handed letter to bailiff

have just spoken to enforcements office at the courts & they said there is nothing they can do as it has gone to the bailiffs office & will have to deal with them directly also said a stat dec was not appropriate in this case

fine is for no tv licence & was originaly £250 now stands at £475,
don't understand what is going on they have given me less than 12hrs before he is coming back surely this is wrong,
shaking all over will be here soon

There is currently no legislation prescribing bailiffs fees for collecting unpaid fines, any contract setting out fees is between the court andf the bailiffs and the defendant is not a party to that contract. The fine is not a debt, its a punishment passed down as a sentence by a court and the bailiff cannot vary that sentence by adding his fees to it unless you contractually agree to pay his fees or the court as ordered you to pay costs (see court documents for the amount). If a bailiff tried to increase the fine pretending he is entitled to unilaterally increase it then he commits an offence under Section 2 of the Fraud Act 2006. He is making a false representation to obtain a money transfer from you.

bailiff has just rang my mobile phone didn't answer, unsure what to do now
do i ask him to call then give him the vunerable adult letter or do i wait for them to call again
also do i email the letter to marstons offices,
now i have text msg from him asking me to confirm my payment arrangements for today

Hi got no pm

he just keeps ringing & ringing do i answer & say what