Marston Bailiff Threating Locksmith Action ! [ PLEASE HELP ]

[directdepot]

[LONG STORY BUT PLEASE HELP]! Basically, I had a phone call from my mum today whilst I was at uni, She told me a Marston Bailiff had been round asking about me. That he was very rude and blunt and made many threatening remarks such as to keep the windows closeed otherwise they can lawfully creep in and take possessions, (he also mentioned it was a fine from the courts). They left a card through the letterbox , on it had Marstons group, outstanding amount £624.60, Then a little sentence about being lawfully allowed to get a locksmith to gain access to the property unless payment was made within 7 days.

 

I was in real shock and felt really bad my fragile mum had to go through that experience and since my anxiety has shot through the roof. I called the local courts in london and asked if I had any outstanding debt and they told me that I owed £200 for a fine for being disqualified for no insurance. That was about 18 months ago and I know I was stupid and accepted completely the penalty but again this was due to my lack of finances as a student my monthly payment bounced. I was told to make payment within 28 days. Me being me, completely forgot to pay and its now 18months later. All my letters go to my Mum's such as bank statements and anything important and I allow her to open them just incase its important. She has sworn to me that there had been no previous reminders or anything until the bailiff showed up.

 

At the moment I don't know what to do, they say I have 7 days to make payment in full which i cannot afford. Im a uni student and can barely survive paying rent and travel. Im looking for part time job to squeeze into the hours im not studying and just feel so emotionally drained from this entire situation. I was thinking to go to court this week and ask for a Means hearing, and explain to the court my situation and hopefully ask for the fine to be reversed and paid in full to the original amount or atleast to arrange a payment plan of some sort. Also to be honest I don't even want to call marston, from how my mother was treated, I don't even want to speak with them. Is there any way I can bypass talking with them and get the debt reversed back to court?

 

Any suggestions and help would be GREATLY appreciated during this stressful time.

[directdepot]

Also, Is it fair that they can charge an extra £426 for attending once? Just is all too shocking for me to take in, i feel all shakey.

[RaeUK]

Hi directdepot and welcome.

Relax a little please as there are several things that can be done. I'm sure people will post soon and if not then I'll give you some things to start with.

 

[sorry, just off to cook my evening meal - even caggers have to eat sometime! ]

 

Best wishes

Rae.

[directdepot]

I hope so, I have a real problem with stress and anxiety as I suffer from alopecia, I really don't want this situation to trigger my hair loss!! but thanks for the support kelcou!!

[pascha]

Hi Directdepo.

 

First of all, calm down. I know its hard and you have had an awful shock.

 

Firstly I would reccommend that you look up Tomtubby. they are ab fab about Bailiffs. I know that court bailiffs can be different from say council tax bailiffs as they are generally private companies but general themes run the same.

 

Firstly some rules.

 

1. Keep all windows and doors shut and locked! ehat the bailiff said about legally being able to gain entry is true. Its called 'peaceable entry' and byu the way this does NOT include getting their size 9s in the door. If a bailiff enters your property once, they can then come back with a lock smith and force entry but not unlewss they've been in before.

Law says they can get a ladder to a top floor and climb through a window but cannot enter via lock smith unless theyve been in before.

 

2. dont speak to them. Speak to the court. They are rude and try and scare you into signing things or letting them in. Dont

 

3. Dont sign anything. not one thing and dont give over any money

 

As to their charges, again court bailiffs (and i dont think Marstons are - corrct me someone if im wrong,) are different but the law again says that it is 24.00 for the first visit and 18.00 for the second, they cant charge any more than that and if they do they have broken the law. There is a template letter somewhere (maybe someone knows how to pull them up on here?!), that you can use to contact the company whos behalf they are working on - in this case the court to say basically, they are theaving gits and youre not having anything to do with them on that basis. I dont think the company can expect you to after that.

 

look for some other threads about bailiffs and Marstons in particular.

 

Look for tomtubby as well. if you look them up you can message them particularly.

 

Please dont worry. We are all here to help eachother and someone will be along soon that knows more.

 

I will keep my eye on this thread.

[ploddertom]

One of the first things to be done must be to protect your mum. The Bailiff has an address on a warrant and has to enforce it, unfortunately you no longer live there and your mum has to take the brunt. He will usually attempt to lever the cash from a parent as usually the threat of removing goods works - the fact he actually can't do this doesn't matter at this stage as the parent has paid willingly to keep the kids out of hock.

 

However we then come to those who cannot help their children for one of a number of reasons:

1 - they could tell the Bailiff where the errant offspring now lives - but there is no legal requirement to do this.

2 - tell the Bailiff to Foxtrot Oscar but this just means he keeps coming back

3 - file a Statutory Declaration to the effect that Mr X no longer lives at this address and all goods belong to the resident - this is probably the best option

Then:

Parent tells errant offspring to sort this out pronto or will inform where they now are - you need to tackle this now before it escalates any further.

 

PT

[ploddertom]

 

As to their charges, again court bailiffs (and i dont think Marstons are - corrct me someone if im wrong,) are different but the law again says that it is 24.00 for the first visit and 18.00 for the second,

 

That is for Council Tax this is an unpaid fine

 

 

PT

[pascha]

Ploddertom, absolutley right but just a gentle nod that when this happens its can be very scary - we all know what bar stewards these bailiffs are - and as or young uni student here suffers with terrible anxiety, it may be of more help to explain HOW to sort it out.

[pascha]

PT , i thought it may have been for CT actualy. thanks for clearing that up! Can these guys make up their own charges or are court bailiff charges regulated by the court?

[ploddertom]

PT , i thought it may have been for CT actualy. thanks for clearing that up! Can these guys make up their own charges or are court bailiff charges regulated by the court?

 

Must admit I'm not up on Court fines but believe the charges are agreed between the Court and the Bailiff Company - if I'm wrong then I'm sure someone will correct me.

 

PT

[pascha]

think youre right. depo you HAVE to talk to the court. Speak to Citizens advice as well. they are very helpful and are impartial so you know what they are telling you is the truth!

[RaeUK]

... depo you HAVE to talk to the court...

 

Absolutely correct. Will be back here later after I've finished in the other thread!

Best wishes.

Rae.

[RaeUK]

Hi directdepot,

You have attracted some good advice. Note PTs recommendation of a statutory declaration for your mum. Simple, cheap and effective. No more Mr Bailiff for her.

I'm interested in you.

I note you suffer from stress and anxiety. To what extent? Are you on medication or interacting with the NHS in some way regarding this? I appreciate it can trigger your alopecia, to what extent?

You are an ordinary student therefore on a low and fixed income.

All of these factors are of interest and may assist you. Is there anything else?

I would suggest the court is not aware of your exact circumstances and you may qualify for a re-hearing. This will be to assess your financial and health situation.

I would contact the court and request this.

Keep us posted.

Best wishes

Rae.

[ploddertom]

Here's a Stat Dec if needed, adapt for own needs.

 

PT

Statutory Declaration.doc

[directdepot]

Thanks for your responses so far. I have already contacted my CAB, they forwarded me to a debt lawyer. She instructed me to go to the courts for a means hearing, let the court know my circumstances and if im lucky will reduce the fine back to its original amount of £200 , OR , atleast walk away with a payment plan to pay the entire £626 over say 6 months. Has anyone ever been successful with the courts??

 

BTW thanks for all the feedback guys, it really helps!

[RaeUK]

Hi, I'm glad my advice has been vindicated, lol.

In my - limited - experiences with magistrates courts, I have always found them very understanding when it comes to financial hardship and health issues. Don't be afraid. But don't be cocksure. All you have to do is explain the facts. It is [usually] quite a relaxed hearing. Acknowledge your failings, there is nothing wrong with being human. This is not a battle about success or failure. Simply a hearing to allow the magistrate to adjudicate and decide what you can and cannot afford.

Honesty is my only advice.

Good luck and best wishes.

Rae.

Edited February 27, 2010 by RaeUK
type o

[pascha]

depo, exatcly what kelco said. just be honest with them. and if you suffer from anxiety,go and see your doctor and tell them what has happened and how its effecting you. ask them to wreite a letter for you to take with you. any doctor worth their salt will oblige! and it will be useful for the magisrtates as it is evidence that you are telling the truth.

[directdepot]

To be honest my GP thought my alopecia was a fungal infection and was mis diagnosed for 3 years as a teenager until I saved enough money to go private. I hope all goes well with the courts, Iam going to try just be as honest as I can and bring paperwork to back up what I have to say. Thankfully a family friend is coming with me as my representative. Thanks for the help guys, Also if anyone could shed some more light on cases going to court or if the extra £426 is reasonable that they are charging me for 1 visit and 1 letter?

[hallowitch]

I think a letter fee for this is now £75 and a visit fee is £175