Marston's threats

[little_star]

A friend of mine asked for some help on a debt with a company called Marstons. She claimed that the letter stated that the bailiffs will come at her door with a locksmith and are able to use force entry. She queried the letter by phoning up the company and stated she cant afford if (£400) as she has a 1 yr old and is currently pregnant. they stated she had 2 days of the amount being on hold before bailiffs will come to the door with a locksmith and force entry and they can do more then the police.

now the debt is from a fine thats escalated to this price and marstons say they have been to court, surely then she should have a ccj?

 

now ive read there is one form of bailiffs that have right to force entry,but i think this is for unpaid court fees? any sugestions on what to do next?

[seanamarts]

Does she know what the fine is for

[little_star]

smoking under a bus shelter, i know i didnt know u cud get a fine for that either

[hallowitch]

smoking under a bus shelter, i know i didn't know u cud get a fine for that either

who fine her police/council

did she get a letter to go to court

i cant help with court fines but someone will be along who can

[seanamarts]

smoking under a bus shelter, i know i didnt know u cud get a fine for that either

if it was a closed bus shelter then she would of been subject to an on the spot fine of £50.00. depending on what part of the country she lives in, this is from what I have read else where, most councils are fining this amount. was she issued an on the spot fine? Has she been to court?. I think you will find but I may be wrong, that if its a magastrates fine then entry can be forced but with a warrant obtained from the court. Smoking in an area that comes under 'no smoking' is classed as a criminal offence, stupid law I know.

[little_star]

Ok so she was informed by the courts that she would go to court but wasnt given a date, the next letter she recieved was that the case had been to court and the sum was for £120.00. witin in weeks she has received a letter which a baliff has put through door. This states that a L Sweeney attended the address to execute a distress warrent on behalf of the magistrates for a sum of 465.00.that they have been refused entry and under the schedule 4a of the domesric viloence and crime and victims act they are able to enter the proerty by force using locksmiths where required to execute the warrent. It goes on to say that he will returning back with a locksmith within 7 days to conclude this matter and he will have the power to use power wen necessary. she called the baliff herself (and not the company) she said he was not nice on the phone and says she has 2 days left to get the money togever or he will turn up. as i have stated before she is a single mum, pregnant with a mental health state as she is on anti-dipressants.

 

any help?

[seanamarts]

I suggest that some legal advice is sort after here

here is a link to an organisation that may well help her free of charge.

Supporting Vulnerable Households | Z2K Zacchaeus 2000 Trust

 

But she really needs to start acting quickly on this... I hope that this helps

[seanamarts]

here is there phone number

020 7259 0801

[hallowitch]

not sure how much i can help you here(don't know much about magistrate fines ) but tell her not open the door to the bailiff

magistrate court bailiff do have power to break into your home BUT this seldom happens if she has a car tell her not leave in her street

phone the court and ask them what there charges are for bailiffs collecting magistrate court fines explain that she new she had to go to court but was never given a court date

tell her to explain to the court that she did not know it had been passed to the bailiff until she had a hand delivered letter from the bailiff demanding £400 for a £120 fine ask if this is correct

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

ask if it can be referred back to court for a means test tell her to explain she is single mum pregnant and has mental health issues she should be classed as vulnerable according to the Nation standards for enforcement agents

 

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.

 

hope this helps

[little_star]

ive also noticed that the bailiff isnt listed on the certified bailiff register.

 

how do i found out if the amount that is owed is at an appropriate rate as ther known for puttin on excessive charges

[little_star]

friend called courts, asked for a means test but got know where? is there a particular person you should speak to, was told to go back to marstons even tho she asked marstons to go back to court

[seanamarts]

If marstons are not cooperating with her then maybe its best to seek legal council. At the moment all martsons are after is their slice of the cake. They make take more notice of a legal person, has she rung the number I gave you?

[little_star]

i got in touch with that company for my friend, thank you very much it was alot of help. There helping to get a means test to court, are sending me documents to apply for this means test. so watch this space!

[seanamarts]

thats great news