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alanpower

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Everything posted by alanpower

  1. Thank you to the people who have replied so far. I am at work at the moment. I suppose i should be doing some! I will get back on this later Thanks again Al
  2. Oh well. It seems computer says no here too. No images allowed before 1st 10 posts. Helpful! Can anyone help me get the letter in here please? Cheers Al
  3. Hello Everyone Only just come across this site recently and there is alot of useful information on here, but kind of difficult to sift through it all to find a relevant case, so im starting my own! My GF recieved this letter from Marston Group Bailiffs last week. At her parents address. Not hers. You know the deal with that im sure without going into it. The Fine is for putting an extra rubbish bag out next to her rubbish bin in the alley behind the house!!! Ridiculous i know. And a Metrolink fine apparently (says the courts) But the letter does not state this! It is only for rubbish disposal offence, the bailiffs have said nothing about the Merolink offence!!! Weird! So, after her speaking to the Bailiff involved and trying to tell him that it was not her address, and she did not live there or have any of her possessions there. they didnt care. And just said you have to prove it... Again, im sure some of the experienced members on here are aware of this tactic? (without going into detail) So after looking at various posts on here and other sources, we came to the conclusion that it may be best to pay and challenge it after. (I know) I wouldnt have gone down this route personally but my GF was worried the Bailiffs would be able to Force access and levy on her Mum and Dads property. After speaking to the Bailiffs, they obviously said they could do this via a court order given by Magistrates court (see letter below) It says ''We are in possession of a Magistrates' court order''... etc Id like to know what this court order is?? A liability order? A distress warrant? Are these the same? Who issued it? Name of Judge? What rules do they have to follow regarding this? (why i want to see the court order) I want to know the amount on the original court order they are allowed to demand and threaten for. Problem is, We have not seen any proof of this court order! I dont trust a word they say. We asked the bailiff for proof of the court order stated in the letter below. They declined (i have heard they are not obliged to, is this right?) So, after a lengthy battle with the phone monkey at Manchester Magistrates court i requested the document from them. She Declined! (computer says no) cough* After grilling her more, she actually said she didnt know whether my GF was entitled to view/have a copy of this document. So she went and asked her manager, she came back... same response... Computer says no So i asked to speak to her manager. They were both quite difficult to deal with. I explained that my GF is a vulnerable person and she has been suffering from depression for over 2 years now. She is on anti depressants, has had countless days of work due to this and they know about it. She has doctors notes to corroborate this. She has even spent a night in hospital a few months back for an attempted suicide. She just does not need this kind of setback in her mental health and well being. It had put her back into a more severe depression, and i am worried. And angry! The court just said it isnt our problem anymore. Speak to the bailiffs. I said, we have done. And they dont care. She offered to pay in installments as she is full time at college and part time at work. (Hard enough just doing that but im proud of her for keeping it up) The bailiffs declined this offer of installments and insisted she pay up in full within 7 days otherwise they send the boys in! So the debt has been paid! She was too scared to challenge these claims. (maybe rightfully so?) BUT. Im not lying down that easily. Now we have the time to properly challenge this whole process and hold someone accountable for this disgraceful action. Back to my phone conversation with the fines manager at Manchester Mags. (Dont know why it is Manchester when the original offence took place in Trafford!) Anyway... Sorry... Eventually, the manager said she could SHOW us the court order if we come down to Manchester Magistrates court (Crown square) But we can have a copy and we cant even touch it? Are these people for real??? Surely if we had a solicitor involved in this, they would be entitled to a copy of this documentation? But hey. What do i know? So. We are going down to the court tomorrow (Friday the end of the world 21.12.12) To see what this court order is and how much it is for and what it is for. I will let you all know what happened as soon as i can. Also!! Another important point to mention. The Bailiffs have applied automatic charges on top of this fine. 1 is an automatic charge for the case - Compliance fee applied to every case. £85 2 is ... - Attendance fee applied once an enforcement agent has attended the premises, including where no action is taken or no contact is made. £215!! This is the problem. There is no proof that they attended her mum and dads property! As they didnt leave any letter saying they had. The first letter recieved there was posted. We have the envolope and stamp on it from royal mail. So there was no visit. So why can they charge £215 for something they didnt do! This whole thing stinks!! Ok. Im going to leave this post there for now. Id appreciate if someone could could get back to me before tomorrow afternoon if at all possible. Just so i have a bit more knowledge about this when i am challenging it. If possible, i would very much appreciate it if Hallowitch could respond as i have heard this poster talk about these issues before and seems very knowledgable! Thanks in advance. Im so glad there are sites like this and good people to help on these matters Cheers Al
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