Enforcement Officer Visit

[KelBoo]

Hi everyone, I'm new to this forum & have had a phone call from my old landlord this morning to let me know that 2 Enforcement Officers had been to my old address.

 

Basically, the story goes like this - Back in January I appeared at Westminster Magistrates Court in Horseferry Road regarding something extremely stupid that I had done. I was ordered to pay a £3000 fine within 14 days & £10 per week until further notice. It was impossible for me to pay £3000 in such a short amount of time & I wrote to the court 3 days after appearing to let them know this (I was told not to mention it in the court as the judge was in a bad mood). I never heard anything back & when I tried to call them I was just told that someone would get back to me. I haven't been able to pay the £10 each week for the last 3 weeks as my job seekers claim has been stopped & I will be starting work next week.

 

Since hearing about this mornings visitors, I've got in touch with the court once again. I got as far as the switchboard as the woman told me that the court would not be able to help over the phone. She said to look online or write / email the court. I've sent them an email this morning to explain what is going on & that I do plan to keep paying as soon as I have an income.

 

I'm just worried that as I'm having such a nightmare getting through to anyone, they are going to turn up at my current address & bring police with them. I've read that as it's a court fine they are within their rights to force entry. As it's not my house & the only thing in there that I own are my clothes etc, this is obviously the last thing I want. I'm pregnant as well & after suffering 2 miscarriages last year, I can really do without this at the moment.

 

I read on one of the threads on here this morning something about the Marston Group. I have emailed them as well just incase they have any advice. Just don't know what to do next.

 

Any advice will be very much appreciated!

[lisadp1970]

I believe that as you are pregnant you would be classed as vulnerable and they wouldn't be able to force entry, tell them you are pregnant and any visits would be inappropriate to your vulnerable status.

 

I am sure that someone more savvy will give you more info shortly.

[Guest Happy Contrails]

You are pregnant. http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

Do not telephone a bailiff, speak to him or open the door and never say your name. Just ask them to quielty leave. Ask your doctor for written evidence you are pregnant and send it to the court and bailiffs and the post office for a ceritificate of posting.

[KelBoo]

Do enforcement officers have the power to arrest people? I'm getting really worried about this now

[Guest Happy Contrails]

No they dont have a power to arrest. Never seek advice from a bailiff - especially Marstons! They will just want you to tell them your current address then they will hide behind the Data Protection Act.

 

Given your circumstances I am surprised a court fined you so heavily given you don't have much prospect of ever paying it. They can't take what you havn't got.

 

Worse case scenario is, if you willfully refuse to pay and its proven you have the means to pay then you may be charged with Contempt of Court.

 

I think you should speak to Citizens Advice, they can help you arrange the necessary representations to the court.

[KelBoo]

I made sure I didn't give them any addresses at all, I just sent them a direct email. I'll be sure to ignore any response from them in that case.

 

I've tried to call CAB but am having a nightmare even getting anyone to answer the phone, I can't get down there until Friday so will have to keep trying until I can get there.

 

I've written a letter to the court stating that I am willing to pay but am having trouble at the moment with no income & will they let me pick up where I left off as soon as I start getting paid.

 

I just hope the court will be reasonable............

[%Ostrich%]

Given your circumstances I am surprised a court fined you so heavily given you don't have much prospect of ever paying it. They can't take what you haven't got.

 

Why are you surprised when you don't even know the particulars of the offence?

 

Regardless of the judges mood, fines of such magnitude are rarely given to individuals unless they've stolen from their employer, committed benefit fraud or the fine includes a large degree of compensation.

 

Maybe the lady in question can enlighten us further......

[KelBoo]

I do not wish to go into details of the offence. I'm not proud of what I've done, but was in a very violent relationship at the time & felt like I had no choice but to do what I done. I'm not trying to pass the buck at all. At the end of the day, I done wrong & now I have to pay for it. I hope people can understand my reasons for not wanting to go into details. I just need advice on how to sort the issue.

 

I've been reading through the forum & have seen that people have said in the past that if it's to do with magistrates then they do have the right to force entry. Is this correct??? Is this where Statutory Notice comes into it?

[pink_eeyore]

Do enforcement officers have the power to arrest people? I'm getting really worried about this now

 

YES but only if they are in possession of an arrest warrant from HMCS. As previous attempts to get payment have failed the Distress Warrant may have been 'upgraded' to an Arrest Warrant now.

[KelBoo]

I've had an email back from the court this morning asking for account & case numbers as I stupidly forgot to include them in yesterdays email. I've told them that I can resume payments of £10 per week from next week & I've had someone offer to take out a loan on my behalf for the lump sum. The court should accept this shouldn't they?

 

No one has been back so far today, would the court have put a hold on it since I've got in touch with them?

[chris600uk]

I've had an email back from the court this morning asking for account & case numbers as I stupidly forgot to include them in yesterdays email. I've told them that I can resume payments of £10 per week from next week & I've had someone offer to take out a loan on my behalf for the lump sum. The court should accept this shouldn't they?

 

Not necessarily.

 

But here's my 2 penn'orth...

 

If you have a realistic chance of paying it all off, I'd do that.

 

Organise a care of address for letters and go round to see Citizens Advice as HC suggested, that way you can get them involved without too much risk of an early knock on the door where you sleep, try to get in contact with the court that way.

 

Whatever you did, and whyever you did it, you are certainly paying for it now...

 

But this will pass, you will eventually pay it and it will just be a bad memory.

 

Good luck,

 

Chris.

[KelBoo]

Thank you Chris. I've spoken to someone at my local CAB & was told that I'd be better off making an appointment to speak to someone so I've booked that for Monday morning.

 

Haven't had an email back from the court yet but it was a 24 hour gap between my first email & their response so hopefully I'll hear something today. I've given them my contact number, email address (obviously) & a postal address.

 

Hopefully I won't hear of people knocking at my previous addresses over the weekend while I'm waiting for Monday!