Marstons Bailiffs Calling (Magistrates' Court Fine) - Help Needed!

[Help_Me]

Also we are new to the area, i have no friend nor family up here, i cant ask the neighbours. i cant ask anyone to come and be here ='o(

[sillygirl1]

Whilst the police might side with the bailiff he is behaving in a totally unreasonable manner, tell them you have nothing to do with your friends debt, and you are the one he seems to be targetting. That is where your right lies, he cannot take anything from you and as the property is rented he cannot take furniture - if he did it would be theft and your landlord could get his certificate rescinded.

 

Tell the police this asap.

[Help_Me]

what kind of thing can i text this bailiff or put on my door for when he comes? hes never been in the house and we never received prior letters etc about this bailiff! just when he turned up demaniding money

 

im also too scared to leave the house, not that i would have anywere to go though

Edited September 29, 2009 by Help_Me

[sillygirl1]

DO NOT TEXT HIM - DO NOT CONTACT HIM AT ALL - CONTACT THE POLICE he should not be coming for YOU. That is your solid defence. YOU are not the person liable for the fine.

 

You need to get a Statutory Declaration something along the lines of

 

STATUTORY DECLARATION

 

I xxx of XXX (address) have no property here other than my clothes, the house is rented and I am not the person who you are seeking. I am NOT offering you peaceful entry and you are NOT to contact me again by telephone or any other means.

 

I have alerted the moderators to this thread and will get onto one of them and see that it is passed on urgently to Tomtubby....

[Help_Me]

I have spoken to the very helpful sillygirl who has calmed me down and given me lots of help.

 

I need help in composing a letter to the bailiff to stick on my door.

 

The first letter is going to say what sillgirl has put abouve, and im going to add to that that i am a vunerable person and the police shall be called if i continue to receive these threats.

 

The second letter i would like to let him know i am aware of my rights regarding what he has done. Can anyone help with that?

 

I am going to see whether K can get the day off work tomorrow so we can bot go to CAB, leaving the letters on the door for when he arrives.

[Help_Me]

I have made a word document with bug red letters saying

 

'VUNERABLE PERSON, DO NOT CAL OR DISTURB, THANKYOU'

 

I will put that on my front door. Will that be enough to stop him from hammering on my door?

 

Im sorry for repeat questions.

[sequenci]

I have made a word document with bug red letters saying

 

'VUNERABLE PERSON, DO NOT CAL OR DISTURB, THANKYOU'

 

I will put that on my front door. Will that be enough to stop him from hammering on my door?

 

Im sorry for repeat questions.

 

That I'm not certain.

 

You should really get a statutory declaration sorted which will demonstrate to the bailiff that the items within the property do not belong to the person liable to pay the debt. You can also get your partner to contact the fines/fees dept. at the magistrates' court to see if they will call the bailiff off.

 

Whereabouts in the UK are you? There may be a law centre nearby you could witness your declaration.

[Help_Me]

I would also like to type up a letter so that the concerned bailiff knows that i know my rights.

 

I have checked his name on Certificated Bailiff and it came back with the result 'not found'

 

The 2 letters he has sent to me he has ALTERED by scribbling things out and adding his own time slots on. He has also highlighted certain things like 'LOCKSMITH' etc.

 

He has refused to give me an office number.

 

Refused installment plan.

 

He was rude, and hung up on me.

 

He was pushy and aggressive on the phone.

 

I would like to list al of these in my complaint. Are there emails i can send them too to people who will listen such as Marston??

 

This is NOT my debt, it is my partners. However she is very rarely here as she works away a lot of the time, leaving me on my own.

[pink_eeyore]

No, it will provide him with evidence that you are avoiding him and justify him forcing entry.

 

Do not put anything on the door and just ignore him.

 

Email the bailiff company saying you are being harrassed over a fine that is not yours.

 

He should not be communicating with you at all unless your partner has given him permission to (data protection)

[Help_Me]

That I'm not certain.

 

You should really get a statutory declaration sorted which will demonstrate to the bailiff that the items within the property do not belong to the person liable to pay the debt. You can also get your partner to contact the fines/fees dept. at the magistrates' court to see if they will call the bailiff off.

 

Whereabouts in the UK are you? There may be a law centre nearby you could witness your declaration.

 

Where can i get this decleretion?

 

Also we have no means of contact other than text/email as no credit on my mobile..

[pink_eeyore]

He does not need to be certificated.

 

Bailiffs can work HMCS fines for upto 6 months before becoming certificated.

 

Go on their website - this will give you phone numbers and email addresses

[Help_Me]

No, it will provide him with evidence that you are avoiding him and justify him forcing entry.

 

Do not put anything on the door and just ignore him.

 

Email the bailiff company saying you are being harrassed over a fine that is not yours.

 

He should not be communicating with you at all unless your partner has given him permission to (data protection)

 

Ok i shall scrap the note on the door thing then. I will try and get marstons Email.

[Help_Me]

Hi Pink, i have found an email for them..

 

How shall i compose my email? Sorry =oS

[pink_eeyore]

2. I have been contacted by Marston and I want to pay. Can I have more time?

 

Probably no. The debt will have been outstanding for some time and your opportunity to make an arrangement to pay over time has been missed. Our client has now obtained a court order/warrant and we are instructed to recover the debt now or seize goods.

We are unable to enter into long-term payment arrangements or offer extended time to pay. We may be able to offer a limited extension to your payment deadline however you must contact our call centre urgently on 0845 0743749 and then confirm your contact in writing to Marston Group Ltd. by:

• post to PO Box 308, Waltham Cross, EN9 1ZN or
  
• email to [email protected] or
  
• fax on 01992 703 703.
  

[pink_eeyore]

You need to give them the reference number on the letter and your partner's name.

 

Tell them everything in the property belongs to you - that she/he has no belonging's at that address, no car etc.

 

Say that you understand that the HMCS contract allows for payments to be spread over 6 months and suggest a realistic repayment plan to them over a six month period.

 

Do you have an email address for the court? If so you should send it to them on the same email too.

 

If you want to make a formal complaint you need to clearly title it FORMAL COMPLAINT and list your reasons although i'm sorry to say i don't think you have much grounds unless you are just caliming it is from his aggressive behaviour. Make sure you name the bailiff in the email.

[Help_Me]

Im going to get that done Pink, do you think he reallywill break in tomorrow if i dont answer?? i live on a main road so people will see.

[Slimrabbit]

They don't normally BREAK IN but more likey will get a locksmith to help gain entry have you had s stat dec done to say everything in the property belongs to you?

[Help_Me]

No but i will do tonight.

 

So what youre saying is, if i do not answer the door he will get a locksmith tomorrow to come in? What if i block the door and add inside locks??

 

This is ridiculous! And i shouldnt send him a text now to say my partner isnt here and he cant take anything as its all mine???

[Slimrabbit]

I'm not saying that they will only that they could do, a stat dec needs signing in front of a cleark at the courts (plenty of examples on this site).

 

No real experience with fines bailiffs but if they are going to gain entry they have to write ad tell you the time and date. Could just be scare tactics not my field sorry

[Help_Me]

Oh thank you anyway, he hasnt said a time or date at all..

[sillygirl1]

Thanks for changing the thead title Mods, this makes much more sense.

 

I'm not going to be around much more tonight as have a few things to sort out but good luck with the cause, any problems contact me ASAP tomorrow and I'll see what I can do.

 

I've spoken to my friend whos twin brother works for Marstons and he says that the bailiff SHOULD be registered somewhere if he collects court fines, they CANNOT have an unregistered bailiff collecting on court fines.

[Help_Me]

Hey Silly, thanks fir the phone chat today.

 

K isnt going to work tomorrow so if he comes we are both going to deal with him.

 

She is going to offer to pay in installments we are not going to let him in and i am going to tell him everythings mine. we ive on a main road so im sure people will see x x

[Help_Me]

I Miss

Of

Do solemnly and sincerely declare that the items listed below;

· 19 inch Murphy LCD TV

· Red Corner Sofa

· Sony Vaio pink Laptop

· HP Deskjet Printer

· Xbox Games Console

· Xbox Games

Are not the property of Miss, they are mine and have always been my sole property.

Therefore in event of any seizure of goods you are NOT permitted to take any of the above items listed for recovering and or repaying any monies allegedly owed. Disregard for the aforementioned will result in the appropriate and prompt legal action being taken out against you.

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.

E.L

Declared on the day of 2009.

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for Oaths before me.

IS THAT OK FOR MY STAT DEC???

[Help_Me]

Im sorry for the questions i am just so nervous about tomorrow.

 

What other forms of documentation can i give to him?

 

Can i ask him to provide proof of a warrant, distress warrant etc.. can i tell him to go away as my partner is dealing with it through the courts?

 

Any advice will be great, only a few hours!!!

[tomtubby]

Im sorry for the questions i am just so nervous about tomorrow.

 

What other forms of documentation can i give to him?

 

Can i ask him to provide proof of a warrant, distress warrant etc.. can i tell him to go away as my partner is dealing with it through the courts?

 

Any advice will be great, only a few hours!!!

 

The contract between HMCS and Marston Group specifically provides for them to accept payment arrangements over a period of 6 months !!!!

 

I have sent you a PM

Edited September 30, 2009 by tomtubby