bailiff - again - different debt - marstons - help!

[NurseCaz]

Hello everyone,

I haven't been on for a while - had problme with horrible bailiff but sorted that out now....

 

Have another bailiff knowcking now

 

I had a TV licence fine (fair enough, i have lots of debts and TV licence wasnt at the forefront of my mind to be honest).

 

Then about 2 months after that my TV licence direct debit returned and TV licence was cancelled - so got prosecuted again for it.

 

My problme is that I now have a Marston group bailiff who has been to the house once while I was at university and I owe them £900.

 

I knew this was coming - so I called Marstons about 3 wks ago asking to arrange a payment plan before the bailiff actually visited the house. They said that it was company policy that they could only do a 6 wk payment plan unless it was arranged in my home with the bailiff!

Well, 6 wks to pay £900 is just not possible for me - I receive an NHS bursary and tax credits and so do not qualify for any benefits, have 2 children and a husband who has little work at the moment. I pay £200 per month on council tax arrears, £125 per month on council tax and $450 rent! So how cant they expect this ridiculous amount?

Ideally I would like it to go back to court so that I can show my financial situation, but according to the company, they will just take my things.

To be honest, apart from my car, I have nothing in the home thats worth much! but its just the embarrassment of it all.

I know not to let the bailiff in under any circumstances and I am in the process of putting my car in my mums name.

Any ideas?

I am happy to pay the fine - its just the amount they want weekly that I cant do!

 

Caz

[tomtubby]

Marston's do not need to come into your home and I would suggest strongly that you do not allow them to come in.

 

Marston are telling fibs. They are allowed to extend the repayment period to 180 days!! (6 months)

 

Be VERY careful of your car as Marston's have what is called a "Clamping Order" provided under the Court's Act ( this is self explanatory)

[NurseCaz]

thank you.

 

Can anyone suggest a possible letter template to send to Marstons to offer the full amount paid over 6months?

 

[Guest BURP]

NurseCaz, you are having perpetual difficulty in managing money matters, they dont happen by themselves. Can you take a look at this because I have a feeling you might be classed a vulnerable person for the purpose of civil enforcement under the National Standards for Civil Enforcement Agents directions. A vulnerable person means: http://www.dca.gov.uk/enforcement/agents02.htm#part10

[NurseCaz]

BURP - I totally agree with you....

Basically I moved out of my parents house when I was a very silly 16 yr old with my then boyfriend - now husband and we were really crap with money!!! We were totally irresponsible and got ourselves into lots and lots of debt.

15 years later and for the past 9 years, we have been robbing peter to pay paul so to speak. We dont owe huge credit card bills (mine is at its £500 limit), we owe money to the ones that we shouldnt owe money too such as rent arrears, council tax arrears, water arrears, court fines (just the TV licence ones) and my husband owes a ridiculous amount of money to the CSA....

I am not frivalous - or havent been since my daughter was born 9 years ago - just dont have enough money to clear debts.

Rent and council tax are the worst - we clear the arrears and then husband has hardly any work in the winter (he is a builder) and then we get back into debt again - council have always had a problem giving us any HB even though we have been entitled to it because of a lack of accounts (he is self employed). Because I now get a NHS bursary of £900 per month, the council have told me that we are a 'high income' family and are not entitled to anything - I called them yesterday to see if I could claim anything as hubby has had no work for past 2 wks.

Also the CSA are another matter - although I know its wrong - we have ignored them becasue the amount they want is so large that I think its scared us both - £10000. They have been to the house and even confirmed that they had charged my husband £45 per week for the period when we were on income support and will not change it because we did not tell them within a certain time limit. They suggested lobbying the local MP which we havent done....

So yes - we are crap with money but are desperately trying to right ourselves for our childrens sake and ours. That is why I am now at university training to be a nurse and working my bum off!!!!

Grrrrrr - sorry about the rant!!!! just letting off steam!!!!

Oh - and have been to CAB who suggested we go bankrupt and that was only advice they could give (we've been there twice)...

I cant go bankrupt because of my career in nursing - I could never get past being a staff nurse and go into management when I am older. Also - I dont think its worth it because the CAB told us that the CSA debt wouldnt count - thats only thing in husbands name. Debts in my name amount to about ££3500 - mainly C Tax and rent......

[NurseCaz]

wow - just realised - that was supposed to be the 'quick reply'!!!!

[Guest BURP]

The trouble with going to an MP is they take the CSA side as fact regardless of whether there are obvious errors of judgement by an officer. They hide behind the law regardless of that law is relevant. An old tactic and you need to get professional help with that. If there is a liability order the debt will stand ad-infinitum until the grave. I am not convinced you are classed as a high income as the council is claiming, there doesn’t seem to be any basis for that remark. If you are living below the government’s poverty threshold then any enforcement must stop. I am not 100% sure whether that applies to non civil matters. TV fines are set in a magistrate’s court. I feel a magistrate has been ill-advised to fine you when you are on an obvious low-income and fines only extemporise hardship and fuels crime. A properly advised magistrate should have given a community penalty. It looks like TV licensing is being vexatious. Bankruptcy doesn't clear CSA debts, only consumer debts, I'm not sure if bankruptcy nullifies court fines so get advice from the Insolvency Helpline. If you are fretting about bailiffs turning up then follow this advice verbatim.

 

DEALING WITH BAILIFFS ON YOUR DOORSTEP

 

 

1. ALWAYS! Keep your door LOCKED SHUT at all times. NEVER open the door to a bailiff - speak through a window or letterbox

2. ALWAYS! Hide your car - in the garage or park it well away

3. ALWAYS! Take a photo of the bailiff and his vehicle (better still use a video camcorder) and record everything

4. ALWAYS! Speak as little as possible to the bailiff

5. ALWAYS! Ask for his bailiff's certificate number

6. ALWAYS! Ask which court issued his certificate

7. ALWAYS! Ask for a full breakdown of his fees IN WRITING

8. ALWAYS! Ask who the creditor is (if you don't know)

9. ALWAYS! Pay using a credit card, avoid cash and debit cards if possible

10. ALWAYS! If you have grounds, get an appeal lodged immediately (parking tickets) - it stops enforcement

 

1. NEVER! Sign any documents handed to you by a bailiff

2. NEVER! Phone a bailiff (unless asking him which Court issued his certificate)

3. NEVER! Admit any debt

4. NEVER! Say or "confirm" your name address or date of birth

 

If you feel intimidated or threatened by a bailiff, call police on 999. Remember that door remains LOCKED SHUT until the bailiff is a safe distance from your property. You DO NOT have to open the door to police. If possible get EVERYTHING on video, it can be used in court: Example: YouTube - Rossendales Bailiffs

 

[tomtubby]

Because of your NHS Bursary are you claiming your council tax exemption. This is available to everyone working in nursing.

[NurseCaz]

thank you for your advice Tom tubby - as my husband lives at our address, we only get a 25% discount for the C Tax. I am in process of backdating some of that so arrears will drop. Have also wrote a letter to council stating my income/expenses and said that despite the court order I will now drop my arrears repayments from £200 per month to £50 per month and accompanying statement clearly shows that this is all I can afford. Am in a predicament at the moment because my husbands work has dried up - always does this time of year, and we are still getting £70 working tax credit which I think now we are not entitled to because he is not working 16 hours a week. He is also picking children up much of the week to save on childcare which I cannot get paid because there is no registered childminder in my area. But without HB to help, I would be losing £70 per week as well as any income husband was getting - thats why I called HB - to see wot help we can get, but they said maybe £2 per week towards rent!!!!

We are now left with approx £17 per week after paying all expenses. Thats not paying CSA, water arrears or bailiffs or anything else apart from gas, electricity, food and fuel for uni, rent and C tax.

[scatz1972]

Hi Nursecaz

 

If I was you I would try to make an appointment with a student advisor to talk about your financial difficulties.

 

My OH was a trainee teacher last year and on top of his grant we were entitled to claim for a student loan and maintenance grant. As I was self employed but earning barely nothing we was also entitled to claim a dependants grant. Initially we knew nothing about the depedants grant, it wasnt until we spoke to a lady at the university that we found out about it. We claimed it through our LEA/Student Awards...it was worth about £2500k a year and you dont have to pay it back.

 

Also see about making a claim from the Access to Learning Fund (ALF) you do this through your training provider/university...we managed to get one and we didnt pay this help back.

Edited November 20, 2008 by scatz1972
spelling

[NurseCaz]

hiya Scatz - Yes - I had said to my husband today that that would be my next plan of action!!!!

Thank you for your good advice - I may also contact the RCN as well because I know that they are able to help sometimes with financial advice!

Thanks again

 

Any further advice about next step with the bailiff would be gratefully received....

 

I know the general rules regarding bailiffs - but dont know whether I should ignore the notice through my door?, write a letter? or call the bailiff? I find it depressing having to hide from bailiffs in my own home - and it effects the children.

Our financial problems are seriously taking their toll on me - I have been diagnosed with an extopic (extra) heartbeat, which I wasnt born with so my GP said that it is stress related and now my hair has started to fall out, which has also been suggested as stress related by the GP.

I know that both my husband and I messed up our finances when we were younger, and I know that people have the opinion of "you made your bed, lie in it"!, but I really dont see why we have to suffer as we are when we both desperately want to sort things out - for the past 8/9 years its been the same old story with us - we sort one problem out and another crops up. We end up trying to sort that out by leaving the first again and create a never ending pit that we cant seem to get out of - i find it hard to believe sometimes just how much finances can affect the rest of your life...

[scatz1972]

I dont know anything about the powers of bailiff working on behalf of a magistrate court. The person you need advice from is TomTubby this is her area of expertise.

 

But surely if you dont have the means to pay the fine then you should be able to go back to the court and get a means test/hearing.

 

Never ever call a bailiff always deal in writing.

 

p.s TV Licence is one of the bills that I cannot stand paying! Ross Brand and Co all at the cost of the licence payer...makes me

Edited November 20, 2008 by scatz1972

[tomtubby]

BURP.

 

The following statement is not helpful:

 

I feel a magistrate has been ill-advised to fine you when you are on an obvious low-income..

 

Unless CAZ had gone to court to explain her financial circumstances (which she DID NOT) then how can the magistrates possible know that she is on low income ?

 

A properly advised magistrate should have given a community penalty.

 

If somebody neither attends court or completes the plea form with full financial details, then a magistrate can only impose a fine.

 

It looks like TV licensing is being vexatious.

 

How can this be!!

 

 

 

KAZ.

 

In most cases that we see it is quite simple to complete a Statutory Declaration which will enable this debt to be returned back to the court, in particular if you did not receive notification of the hearing etc. In your case this would not be possible as you have already confirmed on an open forum that you knew about this fine and also that you were expecting the bailiffs to visit.

 

It is not always wise to post so much information as there are many bailiffs viewing these posts, in particular that a few Marston bailiffs post in the bailiff section !!

 

Bankruptcy does not cancel a Magistrates Court fine.

 

It is very important that you sort out the ownership of your car. You were going to do this after the previous incident with your parking ticket!!

 

I can draft a declaration for you tomorrow which I would suggest that you take immediately to the Magistrates Court .

[NurseCaz]

any help with this would be greatly appreciated.......

Thank you......