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I had a surprise visit from a marston bailiff at 5pm on 24th june saying i owed £475 for unpaid fine (tv licence) i am paying £5 P/W directly from my income support for a fine when i showed paperwork i was told this is a different fine,i have no knowledge of this at all,he told me the van & men were just around the corner with the police waiting for a call if i didn't pay in full or refuse him entry into my home,

I am a single parent of two girls & i am also caring for my nephew who has autism as i have for the last 10yrs, i don't know what to do, i have no money to pay this and he is coming back at 12pm today 25th june for full payment

if not he will force entry, i feel physically sick havn't slept all night

surely they have to give some time to do something as i didn't know about it

my nephew was very distressed when bailiff called as he could see i was upset the bailiff just said as he gets disability should be bucketloads so can afford to pay up, i am so scared of his return today can someone please help..

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calm down the police do not sit round corners waiting to help bailiffs enter your home

you must get touch with your local magistrate court to find out what the fine is for did the bailiff leave you a case number

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no case no. just a card saying he had been refused entry & that i was willfully avoiding him and he is going to return and can gain entry by force

he has written on card will be returning before 12pm today

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do not let him in do not answer the door to him if you must speak to him do it through an upstairs window

I'm not to good with magistrate fines and hopefully someone who is will come along and help you

Ive had a read round other posts and i think that bailiffs collecting magistrate court fine can force entry but they must get a warrant of entry signed by the judge if the bailiff has a distress warrant it is not the same thing

 

you must get in touch with the court as soon as it opens

you also should be classed as a vulnerable person as you have a disabled child in the home and you are a one parent family

DON'T let the bailiff bully you and don't let him in no matter what he threatens you with

 

if this bailiff does come back remind him that under the national standards for enforcement agents you are classed as a vulnerable person

 

if you can record the conversation on your mobile all the better

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Guest Happy Contrails
from my income support...

 

...my nephew who has autism as i have for the last 10yrs, i don't know what to do, i have no money to pay this and he is coming back at 12pm today 25th june for full payment...

 

 

...i feel physically sick havn't slept all night...

 

...my nephew was very distressed.

 

You are classed a vulnerable persons for the purpose of civil enforcement by the National Standards for Enforcement Agents and the baliff must cease enforcement action. More: Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

If the bailiff returns, then hand this letter through a window and take his mugshots with your mobile. Never open the door.

 

BY HAND

 

DATE

 

Dear Sir/Madam

 

Re: Your visit to [1st LINE OF ADDRESS]

 

I write further to your visit by your bailiff and confirm I classed a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives on the grounds of:

 

 

a) I am a carer of a minor who is medically diagnosed a special needs child

b) I am in receipt of a prescribed benefit

c) You are causing undue stress on the child

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed. I ask that you adhere to your own regulations otherwise:

 

i) you may be at risk of being reported to your certificating court on a Form 4

ii) you may be reported to police for pretending to have a right to commit breaking and entering and you risk a criminal record.

iii) I retain the right to apply for a restraining order against you under the Protection from Harassment Act 1997 which you may be liable for costs

iv) I retain and distribute your photographs for crime prevention reasons

 

Please now quietly leave the property and return the case to the court with a copy of this letter.

 

 

Yours Faithfully

 

 

YOUR NAME

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my nephew is 28yrs old he has severe learning difficulties with a mental age 6/7yrs will this still apply. thanks

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yes

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do i still contact the courts as soon as they open or wait till have handed letter to bailiff

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contact the court make them aware that you know nothing of this fine the bailiffs are trying to collect and that you are a one parent family and you also have a vulnerable adult in the home

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Contact the courts. Asap. If you have not heard anything then you will need to file a stat dec infront of the magistrates.


So whats cooking today ?

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have just spoken to enforcements office at the courts & they said there is nothing they can do as it has gone to the bailiffs office & will have to deal with them directly also said a stat dec was not appropriate in this case

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get on the phone to your M.P NOW did you find out what the fine is for

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I know what the court are playing at but cannot discuss on the open forum.


So whats cooking today ?

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fine is for no tv licence & was originaly £250 now stands at £475,

don't understand what is going on they have given me less than 12hrs before he is coming back surely this is wrong,

shaking all over will be here soon

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Guest Happy Contrails

There is currently no legislation prescribing bailiffs fees for collecting unpaid fines, any contract setting out fees is between the court andf the bailiffs and the defendant is not a party to that contract. The fine is not a debt, its a punishment passed down as a sentence by a court and the bailiff cannot vary that sentence by adding his fees to it unless you contractually agree to pay his fees or the court as ordered you to pay costs (see court documents for the amount). If a bailiff tried to increase the fine pretending he is entitled to unilaterally increase it then he commits an offence under Section 2 of the Fraud Act 2006. He is making a false representation to obtain a money transfer from you.

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Bailiff has just rang my mobile phone didn't answer, unsure what to do now

do i ask him to call then give him the vunerable adult letter or do i wait for them to call again

also do i email the letter to marstons offices,

now i have text msg from him asking me to confirm my payment arrangements for today

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I have pmd you.


So whats cooking today ?

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Hi got no pm

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e-mail the letter to marstons and get one ready to pass through the letter box to bailiff if you can record the conversation record it

have you been in touch with your mp

 

have just spoken to enforcements office try phoning court and ask to speak to

 

Clerk to the Justices at the relevant Magistrates Court

 

tell them you are already paying this fine through your benefit

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he just keeps ringing & ringing do i answer & say what

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Don't Answer The Phone Unless You Can Record The Call

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This is awful.

 

I am unsure as to whether or not you have spoken to the courts to ascertain just what this fine relates to. Is this debt anything to do with the one that you are currently paying or not?

 

As you have made the bailiff aware of your circumstances I would have expected him to have returned the debt back to the office to await further instructions but judging by your post to say that the bailiff has been calling you this morning I suspect that I am wrong.

 

You MUST find out from the court what this debt relates to. Next you have to WRITE to the bailiff co to make them aware of your circumstances and the fact that you are in receipt of benefits.

 

This complaint needs to also be brought to the attention of the relevant Contract Manager with responsibility for dealing with complaints in your area. Can you let me know which part of the country that you are in. ie: London, South West, North West etc.

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I am in cheshire north west, I have sent bailiff company an email with the letter template i was sent today had no reply as yet, bailiff has not rang since 12.30, this is apparently a seperate fine that i was completly unaware of, my other fine is being paid weekly no problems there,

do i still give the letter stating i am a vunerable person when he calls or just not answer

feel like a prisoner,keeping all doors & windows shut just in case

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this is apparently a separate fine

 

said who bailiffs /court

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