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friendlybailiff

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  1. That sounds like a typical court answer machine, the problem is some courts still use this service, as when the distress warrant is passed to the bailiffs the court will not intervene, if this is the case, my advice would be to have a good weekend, hopefully you can be there should the bailiff call on Monday, explain to him exactly what you have written here and ask if he can get information for you regarding fine, location and vehicle, this is something he can do with ease, however the courts are not instantaneous with answers so it may take from 10 mins to several hours to get that info. if you can take the letter to the magistrates court personally where the enquiry desk should help you. Bearing in mind the bailiff will first want to establish residence, and who's the belongings are, if no response is made from the door then a first letter is left, if in 24 hours no response is made a second letter is left, if still no response a third, after that they will drop a card stating they believe you are deliberately evading payment and can legally enter your premises through the services of a locksmith seeking to remove goods, the only permission needed is from their manager as the court have already sanctioned this as part of the distress warrant. If the property is not yours and none of the goods in the house are, then there is no excuse for not contacting the bailiff before it gets to that stage. Bailiffs cannot look through the windows and seize what they see as this is blanket seizure and is now against the law. However, the law now states that " seizure to ascertain" can be utilised, so if the bailiff believes the goods are yours, and no documentation is available, he can seize to ascertain ownership. The goods are then held at the auctioneers for 6 days for the owner to prove the goods are theirs. Most bailiffs will try and help, as its not in their interest to keep visiting a property with no outcome, the problem you have is the further £200 that will be added. The only other form of recourse is to phone marston direct, tell them you are seeking a stat dec from the court and explain your reasons for doing so, they should be able to temporarily put the warrant on hold until you can sort it out.
  2. Hi and your welcome. Time is obviously of the essence, as of Monday there will be another £200 placed on the bill and the warrant will be assigned to a bailiff, usually about three weeks after, however, 1) if you pay before the bailiff attends, the fine as stated on your letter will still be applicable as the charge can only be made once he has attended, if this is the course you wish to take, phone Marstons and pay them direct. If you approach the court, looking for a stat dec and or an out of time appeal, make sure the bailiff knows this as he can hold the warrant for a few days to allow time for the court to issue or not as the case may be. Ensure the court, Enforcement Section, contact Marstons to place the warrant on hold, as they are the only ones that can do this, Bearing in mind a court stat dec costs nothing, if it is granted. Marstons as a company will listen and try and help if you contact them, but if you remain quiet and not do anything about it they can lawfully insist on the full amount being made, as to put a fine point on it, as its a magistrates distress warrant it falls into a criminal matter NOT a civil one. In your case I would contact the court as soon as is possible
  3. Ok what you have is the standard letter Marstons send out, bearing in mind this is a courtesy letter and not a legal requirement, They indeed will have a magistrates Distress warrant ready to issue if the fine is not paid within the seven days. Also the £200 will be added to your fine after that date. You need to contact your nearest magistrates court quoting the number on the letter asking for information relating to the offence, they should be able to tell you where when and the vehicle involved, they also should be able to help with a statutory declaration. However, when a stat dec is made you are signing a legal, court stamped document acknowledging you have no idea what is going on, should you tell a few porkies and your liable to a perjury hearing as stated on the stat dec
  4. Just a quick pointer to maxpdaddy, the law says, that if you lodge, rent a room from someone, then yes access is allowed but only to view the debtors room, the only time further investigation is allowed by the bailiff is if he has good cause to believe that your belongings are held elsewhere in the house. Under no circumstances is he allowed to seize other peoples belongings, this only gets misty when you co-habit or married. With regards to your car, unfortunately it is up for seizure, as unless it is mobility, remote location contract or financed then yes, the bailiff can seize it, as the law sees it as an asset, and although sometimes not practical, the debtor can use the bus or other forms of public transport to get to work, hope this helps
  5. It is very rare, after this amount of time a statutory declaration or out of time appeal will be withheld, most councils now apply to the magistrates court for a distress warrant for the outstanding amount and in turn, we are sent to implement it, oh and we are not all that bad, Once a Stat Dec has been applied for at the issuing court, the court will notify Marstons and in turn inform the bailiff to place the warrant on hold for a set time, so the court can get all evidence together before making a decision. If upheld all problems go away, however, it can be turned down and the warrant will then be live once again
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