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Hi,

 

My otherhalf ha d a call at the house today from Marstons, I was at work. It was regarding CSA arrears for me.

 

My otherhalf has a conversation with the guy and he asks her to phone me. I have constantly contested the debt and have asked for statements etc frequently. After explaining this to him he then says that I need to pay the debt off within a year (£9k) or he is taking my goods. I agree because I want to pay money and not loose my dignity. This bailiff agrees and says to call him back with my card details to make the first payment.

 

After 2-3 minutes my otherhalf calls me in an extremely distraught state and tells me that the bailiff has pushed past her and forced his way into my home, with this I demand to speak to him and tell him that my other half is registered disabled and a diabetic (so easily stressed). Now surely any reasonable human being would take a step back and realise he has just pushed somebody out of the way and that that person is quite ill ??

 

Any waywhilst talking to him his attitude changes and he becomes more and more patronising and aggressive towards me, he now says that I have threatened him and our "arrangement" is cancelled and he wants to take the goods and is calling another bailiff to help him !!

 

To cut a lon story short he advises me that a "walking possession" is now in place, I have since seen this and it lists various items on there. He also tells me that as long as I keep to the arranement then nothing will happen.

 

I have reported the "forced" entry to the police and have an appointment tomorrow, but would really appreciate some answers to the following :-

 

1) can he physically force entry by pushing/barging my other half out of the way ??

 

2) is the"walking possession" order enforceable due to the forced entry and the fact I was never present to sign it, this still remains unsigned ??

 

3) he lists a car that my friend bought for me to borrow, the car is registered to me.

 

4) I am self employed and need a pc for accounting/admin etc, can he take this ??

 

5) can he take a sofa or a micro-wave ?? again both listed.

 

Any help would really be appreciated.

 

This is a Magistrates bailiff acting for the Child Support Agency.

 

Thanks,

 

Darren

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lookout bailiff - incoming plodderton attack!

 

wow, what a pratt!

 

dx


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I have googled Martsons and they appear to have a really bad name, still my other half is still very shaken and upset about things. Hopefully somebody can answer my questions.

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I don't know much about the CSA so can't help directly but i did Google "CSA Bailiff" and there is a wealth of information. The first site listed is run by Tomtubby - can't add a link as that is barred on here but suggest you have a look and if necessary PM her for help.

 

PT


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Not a good experience, Chippy, I am so glad you've reported the assault to the police and I hope you ensure they do something.

Your wife (?) is disabled. She clearly falls into the vulnerable persons category and the bailiff should have backed off. It's in his national guidelines. And I'm fairly certain it's duplicated on the magistrates court website.

I know nothing about magistrates courts as yet so can only give you basic advice - but I'm sure you'll get better before long.

I would have thought the WP to be invalidated and you have a very legitimate complaint to make.

Just because you are the registered keeper of a car that does not necessarily make you the owner. If your friend has a bill of sale, get a copy and send to the bailiffs informing them of the cars ownership. If not, for about £10 he can make a statutory declaration legally declaring his/her ownership. It is not yours they cannot take it.

I don't believe they can take anything you need for work.

He has to leave you with sufficient seating and cooking facilities.

For me, apart from the assault, the important thing is her vulnerable status. The bailiff should not be bothering her.

Hope you get more advice soon.

Rae

Edited by RaeUK
typoo

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You're welcome. Having a serious illness I'm very conscious of the 'vulnerable persons' category and doing my best to learn it's implications. Had this been Council Tax I would have advised you to complain to the council who would then need to to take the debt back.

Not sure with your case. Do you complain to the magistrates court and get them to call off the bailiff? Or the CSA? I strongly suspect the former. If you or anyone else finds out before I do, please let me know!

Good luck

Rae

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I'll answer my own question:

 

Quote from Karen Buck MP 02/06/09 making the Bailiffs (Repeal and Amendments) first reading:

 

"...Some bailiffs and courts rely on case law, which holds that a distress warrant cannot be withdrawn once it has been issued. That directly contradicts the national standards for enforcement agents, which suggests a procedure enabling the bailiff to return cases of vulnerable fine defaulters to the court. The procedure to bypass this anomaly recommended by the Ministry of Justice is to write a letter to the court asking for a re-hearing of the case. In practice, however, neither bailiffs nor fine defaulters seem to know this..."

 

Rae

Edited by RaeUK
typoo

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