Re: What bailiffs 'can' and 'cant' do??

[mumof3boys]

hi

i am having problems with marston bailiffs for an unpaid tv licence fine. I now owe marston £400. The bailiff turned up last week and demanded the full payment. I told hime I was on income support and couldnt pay. He said the best he could do was to take £100 then and £300 the week after which is on wednesday. he told me I had no other choice to agree or he would come back with a locksmith. I paid the £100 but I dont think I will have £300 on wednesday when he comes back. What should I do?? When he took the other payment he kept saying I wont come into your house as long as the £300 is paid next week. I could pay heim £200 and the final £100 the week after, but he wont agree. He said that the laws say that he can only offer 14 days in which to pay and even then its at his discretion so he was doing me a favour!!! Can anyone help?

[tomtubby]

This is dreadful. The bailiff is supposed to send this debt back to the court if you are in receipt of Income Support. Have you provided proof of this to the bailiff?

 

In any event the bailiff is allowed to accept payment arrangements spead over 90 days so he is speaking nonsense.

 

HMCS have appointmented 7 managers that deal with complaints concerning bailiffs enforcing these fines . If you let me know the area that you live in I can provide you with the relevant details. By area I mean, North East, South East, South West etc, etc,

[mumof3boys]

thanks tomtubby, i live in the north west. Should i call the office directly and explain about the income support or wait until the bailiff calls on wednesday. i dont want him to come and break into my house.

[John McKenna]

This is dreadful. The bailiff is supposed to send this debt back to the court if you are in receipt of Income Support. Have you provided proof of this to the bailiff?

I would hardly call this dreadful. There's no hard and fast rule which states the bailiff MUST send the warrant back to the court if the defendant is on income support. Receipt of this benefit doesn't automatically mean you're a pauper.

 

In any event the bailiff is allowed to accept payment arrangements spead over 90 days so he is speaking nonsense.

Although the 14 day comment is nonsense, the payment arrangement spread over several months can only be applied if the defendant's goods have already been levied/seized (thus securing the debt).

 

HMCS have appointmented 7 managers that deal with complaints concerning bailiffs enforcing these fines . If you let me know the area that you live in I can provide you with the relevant details. By area I mean, North East, South East, South West etc, etc,

A complaint about a bailiff accepting a part payment and demanding the balance a week later will fall on deaf ears I'm afraid. If the bailiff had already levied and was still demanding the balance within 7 days you might have grounds but......

 

 

mumof3boys,

 

Now the bailiff has accepted a part payment from you he would NOT get authorisation to use a locksmith as you haven't refused to pay. Your willingness to offer the initial down payment of £100 has removed that threat for the time being. I'd phone him the day before he's due and reiterate your previous offer. He'll have no option other than to accept. He may well say he'll be around with a locksmith but this will be a smokescreen under the circumstances. The only way he'd get authorisation for a locksmith now is if you point blank refused to cooperate from here on.

[mumof3boys]

are you sure about this? just before i start something with him. I am willing to pay £200 next week and the other £100 the week after. i dont want any trouble at my home, especially with 3 young children.

[Heathliver]

Be aware that bailiffs and their companies look at this site and that they use the information that they find. Users are not all they appear. Kermit is a bailiff who has declared his interest from the beginning and given useful advice. Tomtubby is one of the good guys who has extensive knowledge of the debt enforcement system and has worked in debt counselling.

[Heathliver]

I a further addition to the above I have just found out John McKenna is an employee of Drakes/ Martons High Court Enforcement/Bailiffs Company.

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/159137-drakes-marston-group-balliffs.html

[John McKenna]

I've never made any secret of whom I work for. The advice stands. If I was the bailiff I'd much rather collect once in a couple of weeks than twice if I could help it.

[mumof3boys]

thanks for all of the advice guys. i think when he calls on wed i will pay £200 and tell him to come back the week after for the rest, hopefully john mckenna is right.!!!!!!!

[mumof3boys]

sorry did forget to mention the administration fee that was charged for paying by card. didnt know anything about it until the bailiff posted me a receipt with it on!!!! Like they are not taking enough money already, I think they have a cheek.

[John McKenna]

thanks for all of the advice guys. i think when he calls on wed i will pay £200 and tell him to come back the week after for the rest, hopefully john mckenna is right.!!!!!!!

 

I would make him aware the day before that you haven't the full amount. If you intend to run the risk of annoying him, it's much better to do it over the phone before he travels down to collect the full amount rather than risk doorstep enforcement when he realises you want him to come back the following week at his expense.

[robin9342]

I would hardly call this dreadful. There's no hard and fast rule which states the bailiff MUST send the warrant back to the court if the defendant is on income support. Receipt of this benefit doesn't automatically mean you're a pauper.

 

Who the hell do you think you are? Income Support is a means tested benefit. You can't get it unless you have a low income! I would like to see you try living on Income Support.

 

Mumof3boys, tomtubby is correct. As you are on income support, the court can make deductions from your benefit instead of having to pay the bailiff. Contact the court and explain your situation. Hopefully tomtubby will return with further advice.

 

Fines (Deductions from Income Support) Regulations 1992

[John McKenna]

Who the hell do I think I am? I'm a person living in the real world. "Means tested" it may be but it doesn't take into account assets already owned and previous immediate circumstances. Not everything is black and white and bares direct relation to your own possible personal circumstances robin.

 

Distress warrants don't get issued simply because someone is on income support and can't afford to pay. They get issued because the defendant has failed to deal with the issue in the first place. As I said, not everything is black and white. We don't have a full account of the circumstances from the defendant. For all we know, the lady may have already been down the deductions route and failed to comply with previous court instructions over repayments.

 

The advice given was practical advice for the immediate situation at hand, not the idyllic state of affairs you appear to hail from......

[robin9342]

Typical bailiff point of view - must be a feckless debtor then.

 

The OP came here for advice on her CURRENT situation. I don't care how the situation came about. The immediate situation is that a bailiff is chasing someone who is classed as vulnerable (nothing new there then) and cannot afford to pay. Demanding money within a few days when 90 days is allowed!

 

If you really did live in the real world and not the bailiff one, you would realise that very very few people on income support are likely to have £400 just laying around.

 

And you are talking nonsense about the deductions route. If the court orders deductions from income support, then the DWP will comply and the benefit recipient cannot refuse: it is taken automatically.

 

Mumof3boys, out of interest, how much was the original fine and how much have the bailiffs added in costs?

[John McKenna]

Firstly, income support recipients are not automatically classed as vulnerable.

 

Secondly, the DWP may not be able to comply with the court's request for various reasons ie: current deductions for other matters.

 

Thirdly, I agree the lady came here for advice on her CURRENT situation. The CURRENT situation required practical advice on how to deal with the bailiff in real time. The lady hasn't said she couldn't "afford" to pay, just that she couldn't settle the balance within the time frame given by the bailiff. Considering the court have no intention of recalling the warrant (she's already approached them), what other advice would you offer her with regards dealing with the bailiff at HER door? I suppose next you'll be suggesting she stops cooperating completely and hopes the bailiff sends the warrant back to the court part paid so she can settle the balance directly?

 

* The ladies fine would have been £175 if the outstanding amount is now £400.

[robin9342]

Firstly, income support recipients are not automatically classed as vulnerable. Thats news to me. Would like to see Tomtubby's view on that?

 

Secondly, the DWP may not be able to comply with the court's request for various reasons ie: current deductions for other matters. The DWP will "queue" the new debt so payments begin as soon as the old deduction is finished.

 

Thirdly, I agree the lady came here for advice on her CURRENT situation. The CURRENT situation required practical advice on how to deal with the bailiff in real time. The lady hasn't said she couldn't "afford" to pay, just that she couldn't settle the balance within the time frame given by the bailiff. I believe the phrase is "I can't AFFORD to pay all that at once". Dont be so pedantic! Considering the court have no intention of recalling the warrant (she's already approached them), I must have missed that bit. Where does the OP say she has already approached the court?? what other advice would you offer her with regards dealing with the bailiff at HER door? I suppose next you'll be suggesting she stops cooperating completely and hopes the bailiff sends the warrant back to the court part paid so she can settle the balance directly?

 

* The ladies fine would have been £175 if the outstanding amount is now £400. Interesting. Please can you show how £225 in fees can be charged by the bailiff. Oh and as far as I understand it, bailiffs are not supposed to charge an admin fee for card payments. Damn parasites

..

[mnyspider]

hi,

if you go to your local dwp with all the infomation on this debt and tell them what you are expected to pay 9 times out of 10 they will pay the debt for you via a crisis loan,because to pay such large amounts will obviously make it difficut for you to live ,this they will take back on a weekly basis at an affordale rate:)

[mumof3boys]

thanks for all the help guys. In answer i dont want to be classed as vulnerable, i just want a reasonable time to pay and not to be bullied. I am not a feckless debtor just a single mum with 3 kids trying to get by for now. In all honesty i forgot about the original fine, a new baby will do that to you. Like I have said before I am not diputing the debt or trying to get out of paying it. I dont even want to pay a silly amount like £10 a week, just to be able to pay the amount and still be able to feed my kids and get the whole thing out of the way. I cant sleep at night with worrying about this, how can they do this to people, its just not fair. I am not refusing to pay, whats a week to this guy?

[23sopwith]

it appears that mum of 3 falls under the guidelines of vulnerable people

guideliunes were issued to ballifs how to deal with vulnerable people

by their owm trade body

do they stick to it dont make me laugh

ive made it a goal of mine to screw into the ground a baliff who is pestering a neighbour of mine

illegall levying ie. levying on goods on hp etc

oh remember the little green light on the pen theyre using them again

 

theyre ****

[John McKenna]

Thats news to me. Would like to see Tomtubby's view on that?

Horse's mouth?

 

Where does the OP say she has already approached the court??

Sorry, it was in her other thread.

 

 

Please can you show how £225 in fees can be charged by the bailiff. Oh and as far as I understand it, bailiffs are not supposed to charge an admin fee for card payments.

The fees are agreed by HMCS and Marstons. £50 initial admin for inputting the warrant, running trace checks and sending the initial demand for payment followed by a one off attendance fee (if necessary) of £175 irrespective of how many calls are made.

 

As far as the card "processing" fee is concerned, it doesn't relate to Magistrate court fines as their collection is not subject to any "prescribed fee schedule" laid down in law.

[robin9342]

Horse's mouth? Agree that the link you have provided does not specifically state income support is classed as vulnerable. However, tomtubby has stated twice (on both threads) that it does. I believe that she works for this company, therefore would ask if she could clarify this point?

 

 

Sorry, it was in her other thread. Ok, have read the other thread, but it would appear the court has mis-informed the OP. The DWP have agreed that even if £5 per week is being deducted for other debts, a further £2.80 is allowed to be deducted for the court fine. So the OP needs to go back to the court and insist!

 

The fees are agreed by HMCS and Marstons. £50 initial admin for inputting the warrant, running trace checks and sending the initial demand for payment followed by a one off attendance fee (if necessary) of £175 irrespective of how many calls are made.

 

As far as the card "processing" fee is concerned, it doesn't relate to Magistrate court fines as their collection is not subject to any "prescribed fee schedule" laid down in law.

 

Would seem a rather cosy arrangement exists between HMCS and 3 bailiff companies (including Marstons). Whereas most bailiff fees, such as council tax debts are laid down in statute, these fees are not. What a sad state of affairs .

[robin9342]

oh remember the little green light on the pen theyre using them again

Did I miss something?

[23sopwith]

the the light in the pen is the scanner theyre not supposed to use

its a little camera inthe end of said pen normally used when taking inventory on goods to be levied upon.

its no good mckenna saying its "james Bond land" he knows thet do it

and he should read the guidlines laid out by the dept for constitutional affairs.

[robin9342]

Ah, ok I have seen such devices. Exactly what do the bailiffs use them for and why are they not supposed to? Just curious

[Fair-Parking]

Tell me John McKenna and with reference to your post confirming the possible use of 'locksmiths', since when has eviction been authorised by courts in relation to the collection of any debt connected to a tv licence?

 

Indeed would any bailiff care to answer this?