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Found 35 results

  1. Hi, This is my first post here and need some advice please - Had a letter given to me by mum yesterday which I opened to see it was from marstons and a notice of enforcement for HMCTS for £8,900.00. I was given a £11,600 fine last year for a VAT debt from the magistrates ( was to do with no giving security at the time) which was a £500 fine and £11,100 compensation. I have been paying this fine and was being paid every month, I believe the last couple or maybe just 1 (need to check) haven't gone out for some reason. Obviously debt has already gone down by £1700.00 since June last year when imposed. The details on the notice of enforcement state " a warrant of control has been issued by her majesty's courts and tribunal serve, distress warrant and then a date of 17/05/2017. I have read somewhere about it can only be enforced within 180 days of the date? What does that mean? I don't have £8,900.00 to pay marstons and don't know what to do, I have read that they won't accept payment plan? I am already in an IVA as of Feb 2017 which I know this can't go in as is a court fine. Will the court if I call them cancel this down and go back to the original payment plan? Any help would be great. Thanks in advance. Adam
  2. Recent High Court PIP Judgement Affecting those with Psychological Distress High Court. RF v Secretary of State for Work and Pensions: http://www.bailii.org/ew/cases/EWHC/Admin/2017/3375.html The High Court Judge: - quashed the new regulations because they discriminate against those with disabilities in breach of Human Rights Act 1998 obligations. - declared that the Secretary of State did not have lawful power to make the regulations (i.e. they were ‘ultra vires’) and should have consulted before making them. Yes the Government is going to appeal this Judgement at the Court of Appeal so we will have to wait and see the outcome of that Appeal.
  3. Hello everyone at the CAG forum, this is my first post here. I'm hoping to get some advice with Marston / Collectica after a bailiff visit today. I wasn't home but they left a hand delivered Final Notice. Let me give some more information; I have a Further Steps Notice from London Collection and Compliance Centre dated 18th November, amount owed £580. I did not open and read this letter until yesterday. Around two weeks ago I received a Notice of Enforcement Distress Warrant from Her Majesty's Courts & Tribunals Service, it stated the debt was £580 but now £660. I did open and read this letter, I thought it was due to a recent CCJ from an unsecured Vanquis debt from over 3 years ago. Based on this thought, I believed this was just a normal scare tactic letter taken to the next level (bearing in mind at this point in time I had not opened or read the Further Steps Notice letter) with the belief that this was from an unsecured debt I also believed that if anything they would just send a standard bailiff to which I could just politely refuse to open to door and ask to leave, having no vehicle or property outside that they could take. The due date of this Distress warrant was 16/02/2017, 14 days after the issue date. Today (well yesterday now) 17th Feb, I arrived home to find the bailiff Final Notice letter, with an added fee of £235. At this point I decided to reread the last letter I received, the Distress Warrant. This is where I started to worry and have doubts that this was actually the debt from Vanquis. I had a look around and found some unopened letters, one of them was the Further Steps Notice. Upon reading this I soon realized it was unlikely that this was the Vanquis debt. Reading about deductions from my salary (I work myself so don't think they could apply this?), but more worrying 'issuing a warrant for your arrest' surely Vanquis can't get a warrant for my arrest issued due to unpaid debt with them? This must have come from the Magistrate's court? I got thinking, last year (I'm not sure exactly when, but now I'm guessing around April or just after) I received a council tax letter out of the blue saying I owed £200 or £300 for unpaid council tax. I live at my Mums house, and for over 15 years the council tax has be debited from her bank every month. I mentioned to her that I received a council tax bill in my name and she said it has always been in her name there must be a mistake, she said she will talk to them about it. She has always paid the council tax and never missed a payment, it comes out of her account automatically. We both thought it was strange a letter arrived in my name, she was adamant it should still be in her name and they must have sent it in error. Unfortunately she forgot to call them to speak about it, I think due to the fact she was sure it was just an error and still in her name, also a very close family member became very ill and sadly passed away late last year. I also forgot about it and did not remind her at anytime about it. Since receiving that letter I have never received another letter from the council or anyone regarding any council tax bills/debts. After all this thinking I call her and ask if she ever spoke to the council about the letter in my name and she doesn't remember it, and says its in her name always has been. I ask if she can check her bank statements to make sure because I can't figure out what this debt is for, it can only possibly be due to this. She calls me back and is unhappy, the council stopped taking payments from her around April last year. Now I am pretty sure this must be due to unpaid council tax, even though I haven't received any other letters, I know that unpaid council tax can go through the Magistrate's court and a warrant for arrest issued if it came to it, also that these bailiffs could actually enter my home. After doing some research online I have read of people receiving the same letters but due to DVLA fines where someone has used their name and DOB. Now I am not sure if it is council tax or something worse? In the morning I plan to call bailiff on the mobile phone number he left on the Final Notice and ask him who the debt is from and hopefully find out if it is due to council tax or something else. Also no one will be home now until Tuesday or Wednesday and I will let the bailiff know this and that as soon I get back we can sort the issue out. Does he have to tell me who the debt is from, and is there anyway he can come back and enter the house whilst no one is home? Obviously we are going to call the council first thing Monday to sort out the council tax problem, we have no problem paying the back taxes that we owe, and have only realized tonight that they stopped taking payment last year. If this is due to council tax, is there anyway we could contest the added fines/payments? Neither of us received any other letters regarding council tax since the one last year in my name, no other arrears or court letters until the Further Steps Notice. If it turns out it is due to DVLA or something else what would be my next steps? I have not received any parking tickets or traffic offences other than a parking ticket on 10th October from Civil Enforcement LTD which I contested and they sent me a Confirmation of Cancellation letter confirming it had been cancelled. If its council tax there is no issue paying, I can afford to pay it but I would rather not pay the excess as I did not receive any other letters about it. In this case should I try to contest first then pay the council or courts directly, or pay the bailiff inc the excess and try to contest after? I am now worried the bailiff will not tell me who the creditor is but just try to get me to pay, then I will have to wait until Monday to contact the council or courts to find out. Thanks for reading and any advice anyone can give.
  4. Hi, I issued a Section 10 notice (Data Protection Act) on a non-credit related matter relating to the processing of inaccurate personal information held about me. The organisation a) failed to respond within the 21 days (upheld by the ICO) and b) when they did eventually respond, have refused to comply with my Section 10. Most grateful for any guidance on next steps - e.g. how I might go about enforcing compliance through the courts, procedurally. And is their failure to respond within the 21-day timeframe actionable, e.g. distress in light of Vidal-Hall v. Google? Many thanks.
  5. I just received this letter today stating: Marston High court enforcement officer & Certified bailiff CLient : HMCTS Cheshire Div 1 Amount Due : £706.67 we are in possession of a Magistrates court order as a consequences of non payment of this above fine. Your residence at the above address has been confirmed. As you have failed to deal with this outstanding fine or respond to letters delivered to this and previous address, we must inform you that unless the TOTAL sum due above is paid with in 7 days of this letter, our bailiffs will attend to levy distress and remove good for sale by PUBLIC AUCTION. I want to pay them but they want full amount, I had been ringing them since last 6 months n told them I will pay you a set amount via direct debit or standing order, but everytime they say we want full amount, now I got this final letter, Im really worried I dont know what to do now. please help me I only earn £100/ Week, so dont know what to do Regards
  6. Hi my first post so please excuse any mistakes. Yesterday I was woken up at 6.45am by two burly bailiffs from swift stood in my hallway, they had let themselves in via an unlocked door. The debt is for council tax I owe £184. I asked them to leave as I suffer poor mental health and got upset very quickly. They asked to see my medication but I was so flustered I couldn't find it. I told them I suffer badly with anxiety and paranoia and couldn't cope with them being there I quickly became anxious and stated behaving quite manically throwing DVDs at them etc. Probably sounds an over reaction but I seriously couldn't cope. The one then started writing out a levy of goods which included my sons TV my landlords sofa a broken computer and the DVDs I launched at them. I was led to believe that the only way I'd get rid of them was to sign and as my children were waking up I did under duress to get them to leave. They informed me they would return today at midday to collect payment in full which I told them numerous times I don't have the money. I then filed a complaint with swift which for now has suspended any further action but I know this is only short term. I'm not disputing the debt not trying to not pay. Where do I go from here? I now feel unsafe in my own home I haven't stopped crying I feel violated that my pleas for my mental health were ignored and I'm angry I signed the levy under intense distress. I'm a single mum with 3 dependents receiving ESA and awaiting assessment for pip. Thanks in advance
  7. Last month a work man from my Housing association repair agent hit my door hard to cause injury to my shoulder. He saw that I was disabled. I did not let him into my flat as I did complain about his previous conduct and was told that he will not return. He has left me with a nervous disposition and injury. I live in fear and hightened anxiety. My housing asociation has not bothered to write or call to apologise for what happened to me My damaged keys as a result has not being repaired Also, I cannot live peacefully in my home owing to very loud drilling noise by their builders. I was not informed in advance of these works which has been going on since summer I asked them before to let me know how long thwe works will go on for so that I can make arrangements to remove myself from my home is I am disabled These has been ignored It feels as if they do not care really I have no relationship with my housing officer What do I do Can I take them to court? I gather that Housing Act 1988 and under duty of care to tenants landlord should inform tenants in advance of any work that will go on for months and would result in very loud drilling causing anuisance to their tenants Does anyone know about these and social housing landlord and their duty to thier tenants? Many thanks indeed
  8. One of the most common enquiries that we receive relates to the subject of Magistrate Court fines and whether or not the bailiff/enforcement agent is required to have in his possession a copy of the distress warrant/warrant of control. In almost all cases; the confusion arises from incorrect (and misleading) information on a small number of websites heavily connected to the Freeman on the Land or other such movements. These websites frequently ‘claim’ that companies enforcing magistrate court fines create ‘doctored or counterfeit’ warrants and debtors are encouraged by the websites to pay a fee to download a template letter which they are told to send to various Magistrates Courts around the country. In November a debtor wrote to HMCTS regarding this subject. He received a lengthly response from them which he posted on a forum in November. The following is taken from the HMCTS reply. For ease of reference, in post number two I have broken down their response into separate headings. In this post I have extracted from HMCTS's response the relevant case law: "It is not necessary to generate a distress warrant at the time of its issue; the relevant details can be produced (and provided to the debtor) subsequent to its issue (or indeed subsequent to its execution) but such relevant details should be recorded at the time of issue" "Pursuant to section 125A of the Magistrates’ Courts Act 1980 where a warrant (whether a warrant of arrest, commitment, detention or distress) is executed by a civilian enforcement officer, a written statement indicating the name of the officer, the authority by which he is employed and that he is authorised in the prescribed manner to execute warrants, must, on demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable. Section 125B applies to approved enforcement agencies and makes similar provision". "Part 52 of the Criminal Procedure Rules 2010, rules 52.7 and 52.8, set out the procedure for the execution of magistrates’ court distress warrants. The distress warrant must identify the person to whom it is directed, the person against whom it was issued, the sum for which it was issued and the reason that sum is owed, the court or fines officer who issued it and the court office for the court or fines officer who issued it (rule 52.7(1)". "A person to whom a warrant is directed must record on it the date and time at which it is received (rule 52.7(2)). Pursuant to rule 52.8(2), the person executing the warrant must explain to the debtor the order or decision that the warrant was issued to enforce, the sum for which the warrant was issued and any extra sum payable in connection with the execution of the warrant. In addition, if he has the warrant with him, he must show it to the debtor or if the debtor asks, arrange for the debtor to see the warrant, if that person does not have it and show the debtor the written statement of that person’s authority required by section 125A or 125B of the 1980 Act"
  9. Hello , I've recently bought a new mattress which sleeping on it proved it to be faulty. This was not obvious at delivery or laying on it for 2 hrs. Only when laying om my side for 5 hrs did it become obvious. I sank to a unhealthy depth with no support under my waist. This is a medium. But even with a soft, there would have had to be more support. An Inspector from the Co. I bought it from came out and in his report said there is no fault , it is made that way. I've spoken to Which legal and told I should have my own inspection done by Furn. Ombudsman. They advise that there is no guarantee their inspection would be no different than that already done. The problem only became obvious when laying on side for several hrs. and I would need proof to make this claim. Can anyone help? Daffs
  10. Hi all, My partner had a run in with a Basiliff from Marstons just over a month ago regarding an unpaid Court fine issued to her in 2011. She had moved away and unfortunately forgot about the fines existance until the Bailiff showed up, Bringing the original £120 fine up to £420. As My partner lives with me and the majority of the goods in the house belong to me our baby and older children, the Bailiff couldnt seize the goods and we are in no financial position to pay the bailiff in full, he said he was referring this back to court. From what I understand the Court can issue an arrest warrant for my partner, and she is under the assumption that she need do nothing until a new date is set for court. Surely she can just ring the Court and pay this outstanding £120 in full to avoid any further action??? Is there anyone out there willing to fill me in on the process please? as i do not fancy her getting arrested and possibly end up in the chokey for a month or 6. Any help would be greatly received. thanks JaY
  11. I have just had a bailiff at my door with a distress warrant for a motoring offense in 2003 which i do not recall he told my husband that if we didn't pay 750 they can force entry to our house with the police i fell sick to my stomack please can anyone advise me with this thanks linda lou1
  12. Hi, I have been paying £10 a month Magistrates Fine since November 2012. I have paid £100. I received a further steps notice as I was late paying in September by a week. I am on JSA and expected it too be deducted from my fortnightly JSA. However I have received a Distress Warrant for £135 which includes a 50% increase in the original fine. I am on JSA and a single parent and cannot afford to pay this plus the threat of £215 for a visit as well. I have written to the fines officer explaining my situation and appealing their decision. The fine should of been taken from my JSA. Is there any other action I should take to make sure the bailiffs do not make money for nothing as the fine was nearly paid. I had paid another £10 two days before I received the Distress Warrant on 31st October 2013. How do I legally appeal this ridiculous decision ?? Please advise.
  13. hi i have just received a letter in the post from collectica demanding i pay £354.10 by 14 days. It was for a unpaid train fine. I believe they are referring to an incident that happened one year ago where i was travelling into london without a ticket as i was running late and boarded the train without one. I didnt think this would be a problem because the station i was travelling is a main one with guys at the gates with ticket machines. Plus i had over £60 cash on me, so i could pay for the ticket there. A ticket inspector told me i couldnt do this and asked for my details so he could send me the £20 fine. I refused to pay the fine because i obviously wasn't trying to skip the train, having plenty of money on me and exiting a main station. But i gave him my address details and he said i could be sent to court. This was one year ago. Today i was sent this letter. I have not received any letters up until now. I do not have the money to pay for this. What are my options?
  14. Yesterday I was sent a copy of a thread that appeared on another forum (one that "claims" that bailiffs cannot charge fees of £300 for enforcing a Distress Warrant). Sadly, yet another debtor had taken the dreadful "advice" on that site and promptly paid the amount of the fine only to the court and refused to pay the fees to the bailiff company. As predicted, the bailiff returned to his home yesterday at 6am with a LOCKSMITH. Police were called and they took the side of the bailiff company. The debtor tried to convince the police that the "advice" that he had received from that website was correct (which it is not). Most importantly, contrary to the constant claims on that site that bailiffs have NEVER forced entry, in this case the debtor confirmed on the website that locksmiths did in fact start drilling the lock on the front door ( which is actually quite common). Not surprisingly, the entire incident was most distressing for all concerned and the bottom line is that the debtor ending up paying the bailiff fees of £300. However....there is more........ The dreadful wrong advice EXPOSED the debtor to having to also pay the "locksmith fees" of £190 !!!! The debtor confirmed on the forum that he had been fined £300 for speeding and had been convicted in his absence and sadly, he confirmed that he had received a letter from the court to advise him of the fine but that he "stupidly put it to one side and didn't pay". What is more is that he also confirms that he is "pretty sure that they sent other letter but they were neither responded to or read" I posted about this yesterday on another thread here on the forum and as predicted, this afternoon the other forum site owners removed the entire thread from their site and hid it in a "members area" . This is a very common feature and is clearly to ensure that the public do not get to read of cases where bailiff companies enforcing Magistrates Court fines use the services of a locksmith if the debtor foolishly pays the fine to the court online and refuses to pay the bailiff fees.
  15. Today I received a vist from a from a bailiff for council tax arrears of just less than £700. I had not received any paper work to attend court or that there was even a court case but it would appear that the debt has gone to a magistrates court. I did not allow the bailiff into my property and I asked to see a copy of any order from the court but all he would show me was a badge with his name on. The bailiff left me with a form titled "Distress Notice: Seizure of Goods & Inventory" on which he listed my car that was parked outside the house. Neither the bailiff or I signed this document but I did accept it not really knowing what it was. I am an IT consultant and use my car to visit clients on a daily basis. I am happy to make an arrangement to pay and approached the council offering this, they said I would have to deal with the bailiff and they want payment in full. My question is this, the car is still in my possession but the form seems to suggest the bailiff has sized the car but not collected it. Is there anything I can do to stop the bailiff taking the car? If I transfer my car to my Ltd company would this be illegal as I need it for work? Can I sell the car or remove it from my property? In short I am happy to pay any arrears owed but can not pay in one lump sum and if I lose my car I have no way of working. Any information or advice would is very much appreciated. Thanks in advance for any replies.
  16. I have had a difficult relationship with my now Ex, particularly financially. I am on benefits (as a carer), he recently went self employed which has only made my income situation worse because he hasn't been earning a great deal, hasn't given me receipts that I need to continue all the benefits (which I should be able to) so I am very very short of money right now. I received a Distress Warrant from Collectiva dated 3rd June related to several fines (totalling just over £1,000 that he was supposed to be paying off. He hasn't obviously, it looks like he's hardly paid anything off. The letter says that they will come round and collect the money or will be able to break in and take my furniture. The stuff in the house is all mine, I probably have receipts for a lot of it, but some of it is years old so won't have receipts for all of it. It was the last straw and I gave him his clothes and told him to leave (the warrant has only been issued because he hasn't done what he needed to to sort the situation out.., he's had months to sort this out). The problem is, I can't prove he's left the premises. The tenancy agreement is in our joint names. I will be phoning on Monday to change all the benefits to my name only (which will for a few weeks leave me with even less money coming in) but I doubt I will get notification of the benefit changes by the two weeks the Distress Warrant suggests I will have bailiffs coming round. What can I do, if anything? I have two children and lots of stuff in the house the bailiffs could take. I won't let them in, but the letter says they can force entry.
  17. Hi I've noticed a number of people with default problems with Vodafone and hope that the Web Relations team, who seem very efficient, may be able to help me out with my (more recent than most) problem. Vodafone applied a default to my account on 28 April and I received a letter from a debt collection service on 3 May. I settled with them immediately for £23.38! This is for a dongle account, which I scarcely used. This scarce use caused me to accidentally cancel a direct debit in December 2012 and therefore miss subsequent payments. I missed the letters about this of Jan 16 and Feb 19 due to some personal crises (my partner experienced the 1% chance of a brain haemorrhage following brain surgery in January so we were in hospital when the first arrived and I was his sole carer when the second arrived. I was unconcerned about keeping on top of finances as everything I do is on direct debit). HOWEVER, the key fact is that I settled the account with Vodafone on 16 April by BACS transfer and have the statements to prove this, also signed off by a Vodafone shop staff member on my file. So the default marker should not have been applied and the escalation shouldn't have happened. Vodafone are claiming the payment wasn't received, but the bank transfer details are all 100% accurate and correct. What can I do to get this default marker removed quickly? I was in the process of making mortgage applications and have, therefore, put a hold on that now. I have written to Quality Assurance and will send letters with the statement information by recorded post (as advised by many online) to both of the addresses that Vodafone have on their files - the guy in CS today didn't seem to know which, and he clearly thought the whole process was ridiculous. I will attach statements, but really Vodafone have all the information they already need, given that CS have sent an email to QA today. I'm mainly anxious as I can see online that it's taken some people YEARS to sort this kind of thing out and I don't have years to give to this. The thought makes me sick. I hope that I can get some advice on how to make the process as speedy as possible.
  18. Hi there we are in a very odd situation and would require some advice. My brother is neither a citizen of UK nor he has ever lived here, he is of mature age and sometimes visit UK like once in 2 years for a month or sometimes 2 weeks in a year. He did a mistake without knowing UK motoring law took out dad's car in to the next street at night and got caught my police officer of driving without a third party insurance. He got a fine of £200. But instead of telling us or paying the fine online he gave 2 visits to the local police station, on saturday it was closed on Monday she was told by the officer that he should wait for the letter as its been more than 7 days. He left UK as always, he has no address in UK, he applies for visiting visa on his own basis, we moved property as well (rented) and after 5 month letter came in our old property about his court hearing. We visit our old property twice a week to get letters that still goes to that address. Court hearing date was passed, it was on my brother's name and even if we had got letter on time it his presence to it was impossible. So I wrote a letter to court and explained his case and asked for new fine with mention that his salary is £300 per month only if we compare to UK. I also wrote that he is guilty and if court wants to contact him directly then please ask for our address. I also wrote address of our new house. I gave the letter by hand and it has magistrates court stamp as well. No response came and just this week I got a torn letter from our old property that says NOTICE OF DISTRESS WARRANT an that they have been instructed by court to collect full payment of £830 or remove goods to sell at public auction. Date is like almost one month old and new tenants in our old property are never happy that we still visit their house to get our letters so I dont know may be they threw other letters or I cant really say. Anyway the problem is fine of £830 is too much to pay for him as well. Its like his 3 months salary. My dad is supporting a family of 6 already and his yearly salary is £11K. Yes that much less. He is the only earner in our family. So even if we want to pay on his behalf we cannot and then I dont see the point that why my dad should pay for his 28 years old son. He cannot anyway. No we dont know what to do. I dont think they know that he does not live in UK and was only a visitor. Case is already into bailiffs hand so would they consider monthly instalments? He does not live here so what can happen if we ignore these letters from bailiff? Like lets say when he applies for visiting visa lets say next year or so will his name be in criminal record? We are not financially in good condition. There is no way we can pay £830 so the most we can offer is our car on which by brother got fined. But even if we have to offer this how it can be done? Please advice. I will be very thankful to all of you.
  19. Hi there, I have had a letter from collectica stating that, they have been given the disstress by the magistrate court with reference to an unpaid fine I live in a block of flats which is relevant as u will find out later in the thread I rang collectica and they have told me if I do not pay £40 per week they will come and collect my belongings. I have told them I am on benefits and am I single widowed parent recieving widowed parent allowance and child tax credit and don't have a job which is hard as I have a son. i have paid 4 of the payments on time but simply this has left me with no money I can't afford anywhere near £40 a week I would struggle to pay more than £10 is there anything I can do? Also as I said earlier the reference to my address is important for another question, the court never had my proper full address the only reason the letters got to me is because the postman knows my name I will explain my address is flat Edited to remove personal information The building is a 9 flat block of apartments known as the place, the disstress warrant is made to the following address edited , they have not included the flat number or the building name so my second question is can the collection agency legally forcefully make entry to my flat without the correct address ? Please pardon my grammar its not the best and thanks for taking the time to read this,kind regards
  20. Hi, I was just looking for some advice please. In 2011 I rather foolishly was arrested for being drunk & disorderly At the time I was given to option of going to court or paying a fine of £120. I chose to pay the fine as it would have meant taking time off work for court. Since then I have moved address twice and had forgotten about the fine. Anyway this morning a bailiff turned up at my property demanding £420. I asked what this was for and he said £120 for the original fine, £85 bailiffs fee & attendance/removal costs £215. I said I do not have that amount currently but I could pay in instalments, would this be an option I asked. He said no chance this has been going on for so long that if I did not pay within six days he would be back with a locksmith if needed to empty my property. He said that he would need to enter the property now to give me a notice of distress and to note any of my belongings down. He also said that if I remove any of this property I can be charged with theft! In hindsight I have made three mistakes: Drinking too much & being an idiot! Not paying the fine! Then letting this bully into my flat! I do not mind paying the original fine of £120 but I think £420 is rather excessive. Is there anything I can do?? I have read about statutory declaration in other postings but I do not know how to about this or if it would even apply to me? Any help would be much appreciated, Thanks
  21. Hi there, Just looking for some advice of where we may be able to go with this. A bailiff from Marston Group, Mr Harvey, called at my house on Saturday in regards to having the car untaxed on 3 occassions, 2 in 2011 and once 2010. He said he had a distress warrant. the list of what he showed had 5 incidents on there, 2 of which seemed to be duplicated as the same date was shown. They want £1500.0 from us. Now to be honest, when the incidents occured I was in a bit of a state and was hiding debt letters from my partner. I can't remember what came through and what I hid. I have not been hiding anything since June last year when everything came to a head with our mortgage. So it is likely I hid letters in regard to this. W have not had a letter from Marston's to date, though they say they sent one at the beginning of November 2012. We did not let the bailiff in the house, and he didn't ask to come in, we took the bit of paper he gave us and as we'd changed cars over that period we needed to find out what it was in relation to. We said we'd call him today. He went away. Today we have been in touch with the court, and looks like it was us and we owe this money. The court advised that the distress warrant would have expired on 20/03/2013 and he showed up on the 23/03/2013...the court advised that now they have made contact this would give the bailiff 3 extra months to deal with it. After this i went on to check to see if he was certificated, there are some Mr Harvey's on the register, but none showing at being employed by the Marston Group. When i phoned Marston's they advised his number and that that "looked old" and they did not recognise the name Harvey. So my partner phoned Mr Harvey himself and he got a bit cagey and with nervous laughter stated he was no longer dealing with it as his certification had "ran out this morning". We are currently trying to get hold of the courts to see if they can take the debt back and we deal with the courts, hopefully arrange some sort of payment plan with them, and maybe get the bailiff fines taken off. Just kind of wondering if there is anything that we can do about the fact that this guy seems to not be certificated. I was advised that there is a grace period of 6 months for a bailiff to be able to act whilst getting his certification, but with this Mr harvey's dodgy reaction if there is something else we can do, maybe find out how long he's been employed by Marston etc. We can't afford to pay the debt in one go and will cll upon the mercy of the courts with a budget sheet. we aren't in any sort of vulnerable position so we won't have that on our side. We are quite happy to accept the debt and a reasonable amount of time to pay. Thanks in advance for any help given. Claire
  22. In brief, late paying a magistrates fine. Contacted fines office got the brush off, " nothing we can do mate notice of distress issued you must deal with the bailiffs ( Philips ). Go to local court , same story you cannot go in front of a Magistrate to explain situation as Distress notice issued. Give the fines office a ring see what they can do ! So I am at the mercy of Philips, if I do not agree to their terms I am snookered. They could pluck any figure out of the air for me to pay back monthly. If I am not happy do I accept their terms ? Or what is the next course of action
  23. Hi, We issued a warrant of distress against a tenant. The bailiffs did not remove any goods nor recover any of the debt, and now claim that we owe them the fees for two attendance & levy costs of £1100 + VAT. Are we liable to pay their fees? They are threatening to issue Court proceedings to recover their costs. Thank you.
  24. THIS HAS TO BE DEALT WITH AND I CALL ON EVERYONE READING THIS TO HELP BRING THESE PEOPLE TO JUSTICE AND MY GOD I WILL ONE WAY OR THE OTHER - ARGHHHH!!! Hello Everybody, I had an appeal application in place regarding an unfair trial I received for a conviction for "Failure to Provide Driver Details." relating toa £60 speeding fine ( I was NOT driving the vehicle at the time and I DID infact provide the drivers details. And in the trial the onus was put on me to prove my innocence rather than the CPS to prove my guilt ) However this is not relevant to the reason I am writing here today. At approximately 12:30 13/02/2013 two individuals from MARSTON GROUP LIMITED arrived at my property. A LOUD THUNDER ROARED THROUGHT THE HOUSE WHICH WOKE MY PARTNER AND WAS EVEN SHAKING THE UPSTAIRS WINDOWS. She had the day before come out of hospital from having surgery and still had open stomach wounds, and was still on strong opioid based pain killers. The two bailiffs proceeded to kick the door round the frontand side down, and SCREAMED THROUGH THE LETTER BOX "COME TO THE DOORBEFORE WE GET LOCKSMITHS" and specifically referred to my name whichcaused quite a few of the neighbours to come out onto the street. My partner who was very drowsy and weak and had just been woken up and hobbled down stairs. She opened the door slightly and repeated numerous timesthat she had just had surgery, was seriously ill and that I didn’t live thereto try to get them to leave her alone (she didn't know I was in the house at the time, I was in my home office doing some paperwork with headphones in so I didn’thear this unfortunately.) One of the bailiffs then put his boot in the door, and eventually forced their way into my property by ramming the door into her which in the process of doing so the door handle hit her wound and knocked her on the floor causing her damage and extreme pain (which she later sought medical attention for after they left.) Once they were in the property she asked them numerous times to leave and they refused. Once I realised what was happening I went downstairs to see what the hell was going on. They informed me I had an outstanding fine and that my appeal had been rejected 2 days earlier (even though I had not received any confirmation of this through the post.) They informed me they had a Distress Warrant tocollect £365 plus £300 bailiff costs. I asked to see the warrant and they refused, they said I had to pay the £665 first and if I didn't they would remove goods. I said to them I am not required to pay their fees only the court fine, towhich they said there was a Distress Warrant for the total of £665 and I had topay the total amount for them to leave otherwise they would seize and sell my goods. After a lengthy conversation I then Under duress paid them £665 and they left. I stuck up for myself and they made numerous offensive statements to my partner about the way she looked (she looked very gaunt and run down afterbeing in hospital for 2 weeks! and these [edits]s made her really upset and she was crying) The situation was very close to breaking out in violence. They then give me a "Distress Warrant" document like this: (www (dot) consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers/ bailiffs-and-court-fines.htm#counterfeitwarrant) and a hand written receipt which I cannot even read the hand writing to find any names or ID of the bailliff that did this to my girlfirend. After they left I called the police and got a log number and I have an appointment to see a Police Officer on Saturday afternoon to make a statement at the station. I later realised the Bailiff kicked my front door which put abig hole in the PVC door, meaning I now need a new front door. My god would I have given them a run for their money, but I realise with hindsight that I did the right thing by not being violent. I now want to get these people the best I can using all the legal means I have at my disposal. I have already set about claiming back their fees using the method at thisvery helpful site: www (dot) consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers / bailiffs-and-court-fines.htm#magfeereclaim HELP ME ACHIEVE JUSTICE - If any contributers want to ask me any questions, I will reply very quickly wherever I am with my iPhone as I want retribution NOW. I am not the sort of person that puts up with rubbish as evil will flourish if good men do nothing. Immense thanks to the people who help me with this.
  25. Hi, Please help! Yesterday afternoon, I had a visit from a Mr. xxxxx from Marston Group. I was not in at the time and he put a letter through my door containing a final notice and a distress warrant issued by *** Magistrates Court. I had never heard of them and was unaware of any debt, so I googled them and found your website. Hence this message. I have since found out by ringing the court that it in relation to an offence for which I was ordered to pay £85 costs and had to now deal with Marstons directly. This morning, I attempted to phone Mr. xxxxx on the mobile number he left. Nobody answered, so I left a message. I had not had a reply by 3pm today, so telephoned again. Yet again no answer, so left a message again. I then called Marstons enquiry line and was told that I had to speak to the baliff, who they confirmed was Mr. xxxxx. Half an hour later I had a call from Mr. xxxxx, who apologised as he had been "in court" all day. When on the phone he told me he needed the payment in full by 17:30 tomorrow (15/02/13) or he would be removing goods. I requested, as I am on benefits that he set up a payment plan whereby I could clear the now £385 over 8 weeks with the first payment tomorrow (15/02/12). He point blank refused and said payment was due in full by 17:30 and could any family members/friends help, which they cannot. The call was then ended. I really really need some help/advice before any return by Mr. xxxxx I cannot pay in full! Help! Thanks in advance.
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