Balliffs Help Marstons and the Courts

[andydub64]

Hi can somebody please help me as l am currently being bullied by Marstons and the Courts.

 

In June of 2005 a Court Order was made from which £5 per week would be deducted from my incapacity benefit and paid to the Courts,towards paying fines off.

 

These payments were stopped three and a half years later, but in total the DWP paid HMCS £870.00 from my benefit over that period of time.

 

Because those payments stopped,the HMCS secured a distress warrant against me.

 

When l telephoned the Court l explained that there was a genuine reason why payments had been stopped, and as far as l was concerned the £5 payment was still being paid out of my benefit.

 

However they did not want to listen to reason and basically told me that it was not their problem and l was to contact the DWP,which l did.

 

During the conversation that l had with the DWP,l asked them how much they had paid in fines to HMSC.

 

£870 paid.

 

When l rang the Courts up to dispute the amount that they were claiming had been received for fines, l was told that HMCS had only received £215.00.

 

A few hours later the Courts told me that they had mis-calculated and the correct figure that they claimed to have received was now £365.00.

 

Again, giving that the DWP had confirmed that £870.00 had been paid,these figures were way out and quite concerning.

 

I reported this matter and the investigation made by HMCS were a complete white-wash.

 

I have asked for the outstanding warrant to be suspended because now the HMCS are now claiming £669.00 has been received, but have now admitted that they have received £870.00.

 

They had no choice giving that the Department for Works and Pensions conducted their own investigating which again established the fact that £870.00 had been paid to HMCS.

 

So if they received £870.00 but can only account for £669.00 being paid against my fines, as is the case, there is £201.00 that has not been accounted for.

 

I have invited HMCS to give their reasons why there is over £200 that they have not accounted for, no reasons giving!

 

Can they gain Court Orders (distress warrants) based on figures that they knew were misleading and false, because that's what has happened.

 

I have reported this matter to the police, who are claiming this is not a police matter (now there's a surprise)

 

Surely its a police matter, the DWP paid the HMSC £870.00, the HMCS have now had to concede £870.00 was paid, but can only account for £669.00 being received.

 

Giving the discrepancy in payments, l would have assumed that the current warrant based on those false figures should be suspended until this matter is completely cleared up.

 

Any help or advice would be greatly appreciated.

[ploddertom]

I'm not that good with these. How much was your fine for in total? What part are Marstons playing at present?

 

PT

[andydub64]

Thanks for your reply PT, it is appreciated.

 

Total fines £735, should be £534,HMCS cannot account for the £201 it received from Department for Works and Pensions, that they previously disputed receiving.

 

Marstons visited me ten days ago,6.45am,was told that HMSC had secured a distress warrant and he was going to take my car.

 

Explained that he had no right to take car as it was on HP,provided proof that car was on HP,he accepted this.

 

He asked if he could come into property l said no,he then threatened to gain entry into proprty by using a locksmith,he had the right to do this, according to him.

 

Because of this threat, l agreed to pay him £200 and a further £400 this Friday.

 

I had to use my incapacity benefit plus DLA but will be unable to pay £400 this Friday.

 

Have asked HMCS and Enforcement department to suspend warrant pending the HMCS giving reasons why they cannot account for the £201 that has been paid by the DWP.

 

They claim that they cannot suspend the warrant or request the warrant being suspended, whilst they make the neccassary enquires.

 

I have also been refused a Court hearing twice,so l can put my argument accross to the Magistrates, again the HMCS have denied me this oppotunity

 

I feel that this is so unfair, giving the circumstances.

[new-me2010]

Hi

 

If you are in Incapacity and DLA you must tell the bailiff you are a vulnerable person and tell him to take it back to the court.

 

If I could find the details I would give them to you ................. I did ask for those details to be made a sticky and easy to find but to no avail, someone will come along with the details

 

Sorry can't help further

 

NM x

[andydub64]

Thanks for that advice NM,it is really appreciated.

 

On the grounds of being a vulnerable person, would this affect the outstanding warrant?

 

I am in receipt of both benefits IS,DLA because l suffer from severe depression.

 

All of this for quite obvious reasons has made my condition a lot more worse.

 

There is history of self-harm.

 

Further advice would be appreciated..

[ploddertom]

Have I got this right:

You have paid £870 through Benefits deductions

You have also paid £200 to Bailiff

 

In my view you have therefore paid £1070 in total

 

According to a previous post you say fine in total was £735 or £534 - could you clarify if possible.

 

Either way it appears you have paid this off and are owed money back. It also appears you are stuck in the middle over an argument between HMCS & DWP, Marstons are now also involved and unfortunately they are carrying out the instructions from HMCS. I think I would be camped in the Court Managers Office demanding action.

 

Although they say they can't do anything - they can but choose not to. You need some urgent advice quickly, if you are on Benefits can you not approach the Duty Solicitor to act for you.

 

PT

[andydub64]

Hi PT.

 

The fines figure that l previously gave £735, which should read £534 are the outstanding fines that were owed when warrant was issued by the Court.

 

With the balliffs fee the total amount being claimed £987.75, ive paid £200 leaving £787.75.

 

Is there anything that l can do or rely on, giving that the HMCS have not giving any logical reason as to why they have not accounted for the £201 that was paid directly to them by DWP?

 

If there was a descrepency in the actual amount that had been paid when they made their application, this should have been pointed out, clearly it was not pointed out.

 

This morning l have giving notice to HMCS that l am going to make an application for a private prosecution against them, because as far as l am concerned this is a blatant theft of from my welfare benefits.

 

I have also invited HMCS to immediately repay my money to me.

 

You are right in respect of being in the middle of the DWP and HMCS,each blaming the other.

 

However HMCS were adament that their figures were correct.

 

Once the DWP fully investigated this matter,the HMCS had no alternative other than to accept those findings.

 

One other point of interest is that when the police officer telephoned the senior investigator officer from HMCS,she denied that the warrant was valid, in her own words because the matter was being investigated the warrant was suspended.

 

Speaking to the same investigator yesterday morning, she denied saying this to the police!

 

Thats not a problem, as this conversation was witnessed by two people who were in the police station on other matters and they are prepared to give witness statements if need be.

[ploddertom]

I think you had paid this off prior to the Bailiff being involved - after all they only came along after the dispute arose between the 2 Departments. I assume you have something in writing from DWP that says you have paid this amount.

 

I'm still of the opinion you need professional help to take this further as I think taking on HMCS means you taking on MOJ means taking on the Crown! Hope I'm wrong on that.

 

PT

[new-me2010]

Only a quick question, how did you manage to get a fine paid by the DWP beacause they categorically state that they cannot pay fines out of Incapacity Benefit or DLA. I know I tried and they said not only Income Support.

[andydub64]

Can someone please advice me if there is a legal right to challange a distress warrant that has been secured by HMCS.

 

It is evident, in this particular case that the amount that was being claimed at the time of application for warrant was incorrect and misleading.

 

HMCS have claimed that l owed £735.00 when they made their application, when evidence clearly shows the correct amount outstanding in fines was in-fact some £201.00 less.

 

In a nutshell, the correct amount that should have been claimed at the time of application would have been £534.00.

 

PT if l have to take the Crown on, so be it.

 

Nobody is above the law,that includes those who are employed by HMCS.

 

It is my understanding that any decision that is made by a Court is based on facts and iondeed evidence.

 

The Department for Work and Pensions have giving evidence that positively proves the amount that is being claimed is some £201.00 less than it should be.

 

However, the HMCS who have on numerous occassions been invited to show evidence that the amount being claimed is the correct amount.

 

To date they have not offered any evidence to substanciate there claim that l owe them £735.00, quite the reverse.

 

Any advice would be greatly appreciated.

[wonkeydonkey]

You say you have been refused twice to have this matter heard by the court. Ok... so if just ignore them all totally they then have to summon you back to court and then they will have to listen to you won't they?

 

WD

[andydub64]

I managed to stop the balliffs calling Friday.

 

I decided to go to the Court and speak to the lady who previously told me that the Court could not ask Marston to suspend the warrant.

 

I explained to her that after taking legal advice l was told to write a letter requesting a fines hearing and to take the notice of a hearing straight down the Court.

 

I managed to get the notice of hearing stamped as proof that l had requested this hearing, and l also had the notice that l wanted a fines hearing entered into the Court register.

 

At first the lady refused my request again.

 

When l presented her with the notice and advised her that my request was now in the Court register her attitude completely changed.

 

She told me to hang on, and went away for about ten minutes.

 

When she returned the same lady who had prviously denied me the right to put my side of the story, on numerous occassions told me that there was no need for me to request a fines hearing.

 

She advised me that a hearing would be heard this week, in my absence?

 

She said that they were now going to seek an order for the £201.00 that HMSC could not account for, to be refunded to me.

 

She also said that they were going to try and have my fines paid weekly directly from my benefits!

 

She also said that the warrant that l had already paid £200 to Marstons was now suspended.

 

Can anyone advice me of my rights to get the £200 paid to Marstons refunded..

 

It is now evident that the warrant that was secured by HMCS was based on a figure that was incorrect when the warrant was issued.

 

The amount claimed by HMSC was £201 more than was actually owed when their application was made.

 

I explained to the balliff that the amount claimed on the warrant was incorrect,this has since been proved and now accepted by HMCS.

 

Giving that this warrant has been obtained on false and misleading figures can l re-claim the £200 paid to Marstons, and can l have their costs removed?

 

Surely if a Court Order (warrant) has been obtained based on false figures as to the amount actually owed, as was the case, am l right in thinking the warrant is not valid.

 

Any help would be greatly appreciated..