Marston bailiff called today?

[tiredofitall]

Hope you can help me? Back in October I got a letter from Marstons regarding a fine I had with the Tv licencing. I had been paying the fine through the court but got behind with the payments as I had to leave my Job through ill health and we only have my Husbands wages which are low. We got this letter from Marston and even though we only owed £71.00 they had put a £50.00 charge on so it ended up as us owing £121. I phoned them and made arrangements to pay £60.50 in November and the same in December. We paid the one in November but when December came we could not pay the 2nd instalment as my Husbands car had broken down and we ended up paying £200 in car repairs. I phoned Marstons straight away and told them what had happened and that could I pay the 2nd payment in January instead? I got a really snooty girl who said "If you can't pay now then we will send the Bailiffs round to your house and seize your goods" I tried to explain to her but she would not listen and I am afraid I got really angry with her. I put the phone down and send them an email explaining the situation and that we were on a low income and could not pay until January? I heard nothing from them till the bailiff came to my door. I didn't answer it so she just left us a letter stating that if we did not pay straight away she would come back with a locksmith? I rang her up and she told me to contact the office and talk to them. Can they enter my House without my permission?

[tiredofitall]

Oh and now it's gone from us owing £61.50 to us owing now £235.50

[Ragtaggeorge]

Adapting this advice might do the job

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/58550-council-tax-bailiffs.html?highlight=Bailiffs#post490714

[tiredofitall]

I find it rather strange that I told them I would pay on the 15th Jan and they came yesterday (13th)

 

Can they enter my House with a locksmith? I am so worried.

[Ragtaggeorge]

No apparently, got this from a simple google search, 'bailiffs force entry'. Bailiffs - Dealing with Bailiffs

[tiredofitall]

I find it rather strange that I told them I would pay on the 15th Jan and they came yesterday (13th)

 

Can they enter my House with a locksmith? I am so worried.

 

My Husband has given me a letter to give to the bailiff (Through the letter box) stating that everything in the home is in his name and as his name is not on the distress warrant he will call the Police if they try to enter and take goods? As I do not work and receive no benefits. Would this stop them from entering???:?

[Ragtaggeorge]

They can not enter.

There is some new legislation coming in that will give them the power to do just that, so when you can write a letter to your MP to protest.

[chris600uk]

Owing to the economic situation those added powers have been put on hold - it would be political suicide given the number of people that would be affected.

 

When it's only a few, most people don't care unless it's happening to them - if they did care such things wouldn't happen

[sickofwelcomefinance]

Thanks for your replies. It says on the warrant "You should be aware there exists a power under Shedule 4A of the Domestic Violence, Crime and Victims act to enable us to enter your premises by FORCE??

 

What does this mean??

[chris600uk]

It means this:

 

Can the bailiff force entry into my home?

 

If the bailiff is pursuing you for an unpaid fine of a criminal nature…then the answer, unfortunately, is yes. However, this is more of a threat, and during the past year, bailiffs forced entry into a home on less that 10 occasions.

 

The right for bailiffs acting on behalf of the Magistrates Court, the power to “enter and search any premises” for the purpose of executing a Warrant of Distress, was granted under Paragraph 3 of Schedule 4A of the Magistrates Courts Act 2004. This provision was also then inserted into the Domestic Violence, Crime and Victims Act 2004 which was introduced last year.

 

The right to force entry however only applies to the collection of unpaid fines which are criminal matters.

 

It is important to note that these rules do not apply to the collection of unpaid council tax, business rates, unpaid parking and congestion charge notices, CSA arrears etc. The rules only apply to unpaid fines administered in the Magistrates Court.

 

credit to tomtubby from whose website this information was copied and pasted.

[tiredofitall]

Thank you, I have also been on to another organisation who were really helpful. They advised me that they could enter but this is highly unlikely as they have never been inside so don't know what I have or havent got. They said if I lived in a big house and looked like I had a lot of stuff then they would take pictures and show the court and get a warrant? but as I only live in a council flat and they have never been inside it would not be in their interest to bother with locksmiths. They also said that Marstons should have written to me at least a week ago informing me of the bailiffs visit (They didn't)

 

They advised to write to them and tell them I will pay the original amount that I agreed with them in Dec. I have advised them that if they will not accept the payment that I will report them to the ministry of Justice:-) for

unfair practices

 

I am just waiting now to see if they contact me?

 

Thanks to all