Marstons Bailiff - I was given a fine by the courts for driving without valid insurance,

[Mozzer3k]

Hi... been frantically trying to source whatever information I can today regarding this.

 

The short story is this: I was given a fine by the courts for driving without valid insurance, and being a student was paying it off in weekly installments of £5. I missed two weeks and when I called to pay the arrears I was told it had been sent to the bailiff and there was nothing they can do.

 

When I called the Bailiff (Marstons) immediately upon hearing this, I was told they didn't even have a record of it yet and i'd have to wait. This was in early may.

 

I first recieved a letter from Marstons on May 23rd (dated May 22nd) stating that I owed them £552 (£460 of the remainder of the fine and £92 for sending me the letter/being involved I guess) and to pay within 7 days. I didn't get in touch with them until June 10th.

 

On June 1st (When i went on holiday) a letter arrived stating that I had failed to pay and and threatening forcing entry and so forth. As I said I was on holiday from June 1st to June 8th so didn't read this until I got back. As mentioned before, I called them on the 10th to arrange some form of payment plan. I was told that i'd need to pay £100 up front or there was 'nothing they could do'. I didn't have that money at the time so told them i'd have to get back to them shortly.

 

I called them again on around the 20th (Not entirely sure) to make this payment of £100 (£150 I had aquired and was willing to pay), but they told me that the total fee is now £727 and that I need to pay it in full or deal with the bailiff. I asked what the additional £175 fee was for and was told i twas the "Bailiff attendance fee". No bailiff had attended at this point.

 

I thought this was all getting a bit too far so started to look into what avenues I can take to either have this sent back to court, or pay the original £552 Marstons asked for when i couldn't pay it. Twice I had called to make some form of payment, and with how much they wanted esculating each time, the whole situations elevated. I contacted the National Debtline and they sent me an information pack and the chap on the phone advised me to send a Subject Access Request. I did that last week, and before i've recieved anything, a bailiff has turned up.

 

I was at work so didn't physically see him, my brother didn't let him in the houes but put him on the phone to me. He told me he can force entry and will do so, that a van would be there today to take goods, or that i need to pay in full. I explained that i'm a student (Apprentice) and simply don't have the money to do this, or have anybody that can provide me the money to do so. Of course with him being such an understanding guy, he's given me all of 24 hours to come up with the cash, and will apparently return tomorrow.

 

I spent most of the day on the phone today to the courts, Marstons, a legal aide I know, and so on. The court would not help and will not return the fine, Marstons aren't interested in taking payments in any form except full, and I really don't know what to do.

 

I live with my parents so the majority of the things in the house are not mine. In fact the only things I own are my bed, the drawers my clothes are in, and my clothes. Nothing else in this house is mine.

 

I have had a Statutory Decleration drawn up which states I own ONLY the things in my bedroom, and NOTHING in the house belongs to me, which I will be siging tomorrow morning at 10, hopefully before the bailiff turns up. As this is a legal document, will he be breaking the law if he attempts to take anything which is stated as not my property?

 

I will not willingly allow him to enter the house tomorrow; From what I read there are very few cases where the Bailiff does force entry for these matters, so I will see if he does this. I will show him my decleration and see what his response is.

 

I don't really know what i'm driving at here i'm just hoping somebody can confirm that the Statutory Decleration is the best thing I can do here, and that i'm right in assuming the chances are slim he will actually force entry... and in that case, do the police need to be in attendance if that's the path he takes?

 

Thankyou for any help anyone offers.

 

Regards,

A worried Mozzer3k

[Guest Happy Contrails]

A statutory declaration just tells bailiffs goods do not belong to you and revokes a bailiffs right to consider prima facie the goods belong to his debtor. Use this letter and hand it to him through a window. Remember the law doesnt enable bailiffs to charge you fees for collecting unpaid magistrates court fines. Any fee arrangement is between bailiff and the court and the defendant is not a party to that arrangement unless a court makes an order - then you should ask to see it. Keep doors and windows locked shut until the matter is resolved.

 

To: [NAME OF BAILIFF]

 

BY HAND

 

[DATE]

 

Dear Bailiffs,

 

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

 

The court appears to have instructed you to recover an unpaid fine from me.

 

This letter gives you notice that you are being denied peaceful entry to my home or to levy goods contained within and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee or other fee relating to the handling of goods.

 

Please be advised it is not a "criminal offence" to deny a bailiff entry to my property, if you suggest otherwise I will report you to the police and you may receive a criminal record. Meanwhile please provide me with a written breakdown of your fees you have demanded and put it through the letterbox.

 

If you fail to comply with the above or an irregularity with your fees is subsequently discovered within the statutory time limit of 6 years Limitation Act 1980, I will enter no further correspondence with you and automatically file a Form 4 at court against the bailiff in charge for dishonestly defrauding me with his fees. This may also involve a criminal investigation by police and your bailiff and your firm's principle director(s) may receive a criminal record for assisting an offender, benefiting from proceeds of crime and committing offences under the Fraud Act 2006. If you have charged VAT on your fees that are later found to be unlawful then you may be reported for VAT fraud and your documents will be given in evidence.

 

Please note if you threaten me with 'locksmiths' you commit an offence of breaking & entering as defined under Section 12 of the Theft Act 1968 and you will be automatically reported.

 

This document has been passed to you by hand and a photograph has just been taken of you standing outside reading it as proof of delivery. I now ask that you quietly leave the property.

 

Yours Faithfully

 

 

YOUR NAME

[Mozzer3k]

Very nice letter indeed. However, with regards to "Please note if you threaten me with 'locksmiths' you commit an offence of breaking & entering as defined under Section 12 of the Theft Act 1968 and you will be automatically reported."... with this being a magistrates court fine, don't they have the right to force entry?

[Guest Happy Contrails]

Unless a magistrates gives the order to break in - which is very rare - the no. If a bailiff holds a warrant to commit breaking and entering then he must show it to you first (serve the document on the defendant) and a police constable must be present. Marstons always try to hide behind the Domestic Violence Crimes & Victoms Act 2004 but that only gives immunity from criminal liability if a bailiff injures you while hanging you by both you feet and shaking the money out of your pockets. Bailiffs are still liable for personal injury and you can still make a civil claim against a bailiff under the Personal Injury Protocol.

[Mozzer3k]

He called again today. I took the day off work to be here.

 

I've been out this morning and signed two stat decs... one stating the only things in the property I own are my bed, a chest of draws, and my clothes, and another for the courts with other issues raised.

 

When he arrived I handed him the one I had sent to the courts, he returned to his van for 20 minutes to read it and was on the phone. He returned telling me he'd been on the phone to the court and they'd all had a good laugh about it and the issue still stands, so I handed him the second one which stated what I own.

 

He returned to his van again, returned 5 minutes later, and posted this:

 

 

As I have never granted him peaceful entry, am I right in assuming he does not have the right to force entry, and if he does so I will be able to contact the police to report a burglary in process?

Edited July 9, 2009 by alanfromderby
Image removed as it contained name of bailiff.