Marstons group

[Sang]

I am wondering if you can help me, it all started when I had to goto london to arrange my fathers funeral the next thing I know when I return is that I have a summons to appear in court for no tv license, I filled out the form explaining why I could not attend as my partner also suffers from agoraphobia and she seriously relies on me for everyday chores. I forgot to fill in the expenses form and filled it in and then sent it in. I then recieved a judgement stating that I was fined £125 bit difficult as I recieve benefits. Everything was piling on top of me as my partner is also pregnant and we are trying to recover three thousand three hundred and thirty pounds that my partners mother had stolen. as This money was her disability living allowance and she had asked her mother to look after it for her as her husband at the time was dipping into her pocket. and no she did not get a signed statement saying that she was looking after the money for my partner. Getting back on track. I then recieved a notification from marston stating that I owe £350 which was payable immediatly otherwise they would come in with a locksmith and take everything that belongs to me, I tried explaining that nothing belongs to me in the house and that our benefits are tied together, unfortunatly my partner does not have receipts for everything in the house. Because my partners pregnant and in her third trimester as well as suffering from depression, agoraphobia and in the past self harmed. It has taken myself and the mental health team to get her out of the house and now because of the bailiffs she wont even come out of the house. I have tried speaking to the fines department at tameside magistrates court about deferring the fine back to them only to be told that it is out of their hands. Any help on this would be fantastic. Thank you.

[Sang]

Can someone please help me, my partner is seriously pannicking on this. and I am at a loss as to how to go around this.

[pink_eeyore]

You are classed as vunerable as your partner is pregnant.

 

Call the relevant court and tell them this !

[hallowitch]

don't know if i can help you much with this however you and your partner should be classed as vulnerable

write a letter to marstons asking them to return this to the court include proof of your partners illness doctor/hospital/ care team

 

send/take a copy of this letter to the court with a letter asking them if it can be referred back to the court

in this letter query the fees that marstons have added you may have been overcharged

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf

 

Civilian enforcement officers (CEO’S) Magistrates’ Courts — are not allowed to charge you more than the amount you are fined. However, additional costs for removing and selling goods may be added to the amount you owe.

There is no statutory scale of fees for bailiffs enforcing magistrates’ courts fines. You can contact the magistrates’ court direct and ask for the agreed scale of fees that bailiffs can charge

 

National Standards for Enforcement Agents align May 2002Vulnerable situations

 

 

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
  
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
  
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
  
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
  
• Those who might be potentially vulnerable include:
  
  • the elderly;
    
  • people with a disability;
    
  • the seriously ill;
    
  • the recently bereaved;
    
  • single parent families;
    
  • pregnant women;
    
  • unemployed people; and,
    
  • those who have obvious difficulty in understanding, speaking or reading English
    

[Sang]

I have tried calling the courts to be told that they can not do anything as they have put the bailiff on hold because they was awaiting the statement of means form, and that now it is the bailiffs decision. I will send marston an email informing them of the position that myself and my partner are in, and will see what happens.

[hallowitch]

calling them doesn't work you MUST put it in writing by e-mail is OK but you must follow this up with a letter sent recorded delivery

[Sang]

This is what I have put in the email to marstons which I am also going to send recorded delivery via snail mail and to the courts.

 

I am writing to you to inform you that I have tried speaking with ms parr the bailiff in the past to explain that I am on benefits, before to explain the situation that are as follows.

 

1. I am on income support.
   
2. All items that are at the property as well as the tenancy agreement. which is listed in the warrant are property of my partner and she is filing for a statement of declaration that all belong to her.
   
3. my partner suffers from mental health and is liable to self harm under duress stress, At the moment with the bailiff visiting whilst I was away, It has increased her blood pressure which is affecting the baby which is 28 weeks into birth.
   
4. That my partner is pregnant
   

I was told by ms parr that full payment of the £350 was needed.This lead me to panic because I have nothing of value at the address of the property, and the removal of her property as well as the entry of anyone she does not know well enough would infact set both the work done by myself and the tameside mental health team 4 years back.

 

I am not refusing to pay the original fine, I am just not able to pay the total £350 as my income barely supports myself and my partner. As we are also supporting her two children. Though I can make a payment of 10 pounds a fortnight, and that is limiting myself. I thank you for your time in reading this.

 

 

 

Any additions would be great. Thanks guys.

[wonkeydonkey]

National Standards for Enforcement Agents align May 2002Vulnerable situations

 

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
  
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
  
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
  
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
  
• Those who might be potentially vulnerable include:
  
  • the elderly;
    
  • people with a disability;
    
  • the seriously ill;
    
  • the recently bereaved;
    
  • single parent families;
    
  • pregnant women;
    
  • unemployed people; and,
    
  • those who have obvious difficulty in understanding, speaking or reading English
    

Please take note:

 

I am receiving Income Support

On the day of your visit I was elsewhere, arranging the funeral of my father

I am not the tennant of the property your agent visited

I do not own the contents of the property you visited

My partner is 28 weeks pregnant

My partner has severe mental health problems

 

I shall be positioned to substantiate all these details in writing shortly and offer this to yourself and the court.

I do not deny the debt and offer the sum of £5 weekly to clear the debt with this being the maximum amount affordable to me.

 

Yours sincerely

[hallowitch]

good letter wonky short Sweet and strait to the point

[Sang]

Thank you Wonky. and everyone else, I am truly glad that I came across this forum and feel for everyone that feels intimidated by bailiffs. my partner was scared because on the removal notice it states that they may reattend with a locksmith.

[hallowitch]

states that they may reattend with a locksmith it says MAY not can

 

now I'm not 100% sure about this but i think that the bailiff has a warrant of distress and they have to ask the court for a warrant of entry to go into your house to remove goods

[chiplover]

Sorry guys. How on earth do you start a new thread????? I want to talk about renewal clauses!!!

 

Sorry I can't help about Bailiffs or Sheriffs,

love Chiplover

[hallowitch]

Bailiffs and Sheriff Officers click this it will take you to a new page near bottom of page on left new thread

 

hope this helps

[Sang]

I've just been speaking with someone from the community legal advice team, they say unfortunatly because its a magistrates court, they can break in, though this rarely happens. I have just forwarded the letter wonky wrote, after repeating the letter to the legal advice team who said that the letter is perfect, and to write down everything in the house, as it belongs to my partner. though right now a sworn declaration is not really necessary.

 

Mr Rhodes my appointed legal advisor advised me to put in a complaint to the clerk at the tameside magistrates court. so will see what happens.

Edited August 11, 2009 by Sang

[Sang]

I am going to print and photocopy everything I have, medical records, pregnancy book, bank statements indicating the amount that gets paid into the bank account, contact numbers from the tameside mental health team, past letters from creative support assessment, and then will be taking all this information to the tameside magistrates court, Mr Rhodes my newly appointed legal advisor is currently writing up the papers indicating that something is wrong if two means of statement forms were filled in and sent. So a valuable lesson here guys...

1. Never send anything when a postal strike is active.

2. ALWAYS send any correspondance via recorded delivery. ( I've just learned that the hard way. )

 

I am having to take the documentation down by hand because when I spoke with the courts on the phone, I was told that they could see that I have contacted them, and because no means form was filled in, thats why they passed it onto the bailiffs. well duh. I only found out about the means form because for a month I had waited to hear from the courts regarding payment of the fine, only when I got impatient in waiting then I was told that they had not recieved it. so now on, recorded delivery for me, with regards to anything official.. NOT that I am going to let anything like this happen again. I Understand that bailiffs work on commision and not by the hour. hmmm well if thats the case, and anyone can apply to be a bailiff, then what if all the unemployed people in the uk applied to become a bailiff. would that solve the current recession ? lol sorry I could not do a job like that, because I would not be able to have the heart to take anyones benefit to pay for a fine, regardless of whatever the fine.

 

Sorry that was just me ranting. Getting back on track, the letter has been emailed to marston group plc, and this is the response. please note I have removed the relevent reference number.

 

Thank you for your email, which will now be forwarded to the relevant department.

 

In order to help us help you and speed up any response, please note the following:

 

If you are writing to advise that you have received a letter for an individual who does not reside at your address, please provide a copy of a recent utility or council tax bill (no older than 6 months). These can be faxed across to 01992 703703 or sent as an attachment to an email (Word document, PDF or JPEG).

 

If you are writing to advise that you have already made a payment to either us or the issuing authority, please provide evidence in the form of a receipt or copy of a bank statement. These can be faxed across to 01992 703703 or sent as an attachment to an email (Word document, PDF or JPEG).

 

If your case has been assigned to an Enforcement Agent, your query/enquiry will be passed to them to deal with and you will not receive a written response from the Customer Care Department.

 

If you are making a formal complaint this will be dealt with in accordance with Marston Group's formal complaints procedure. You will get a copy of this with the acknowledgement sent to you.

 

If your goods/vehicle have been removed, please contact our Goods Removed Department on 01992 703718.

 

If none of the above applies, please await a further reply.

 

 

 

 

Please note: this email is from an unmonitored address. Do not reply to this email - it will not be read. ( This is pretty daft as they seem to have plenty of operators ready to take payments )

[chiplover]

Thanks hallowitch

Check out my pathetic story- 'caught by the renewal clause'

[Sang]

Well today I recieved an email from my MP who is going to contact them on my behalf to see if he can arrange anything for me.

[hallowitch]

Well today I recieved an email from my MP who is going to contact them on my behalf to see if he can arrange anything for me.

always a good idea to get your M P involved

[Sang]

if this goes well, then my mp will have mine and my partners vote once again lol