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Please Help - Marston Bailiffs/Magistrates Fine (failure to disclose driver)


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Hello,

 

Im hoping someone can give us some advice.

 

This has all arisen from ny partner speeding in my car. I got a letter to say that my car had been caught speeding (9 miles above limit) and asking me to fill in a form. I did and said it wasnt me but my partner and gave his details (same address).

 

When he got the letter, he didnt fill it in.

 

Next thing we know, its been to court and he is given a fine. The daft thing he is, he appealed. He gets his fine upped to £600 and points on his license.

 

He was asked to fill in a income/expenditure form after the hearing which he did and handed it to the clerk, he offered instalments on the form.

 

We waited to hear from the courts, nothing came. 2 months after the hearing a bailiff turned up (Marstons) whilst my mum was minding my son - he left a letter saying who he was and what he wanted. My partner rang him and he was demanding payment in full, no instalments or he would come in and take goods worth £9000 to cover the £600 fine and his £300 fee, he said 'you wouldnt want me to have to take that £1500 plasma TV on your wall' (obviously been nosing through the window whilst my 2 year old was watching TV).

 

I did some reading up and it said do not let them in - we havent, but he turned up tonight at tea time and left a letter saying that he can come back with police/locksmith and force entry. He also said that if its not paid on full by Monday at 4pm he will be coming back to do just that.

 

I am very confused as to why the courts havent allowed instalments or even been in touch about this until the bailiff turned up at our house, only 2 months after the hearing. What can we do - we are both sick with worry now. Please help.

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Magistrates' bailiffs are especially out of control for some reason, especially with making up fees. The good news is according to Hansard's report of parliamentary discussion, the power to use forced entry has only been used nine times since 2006.

 

You could try to persuade the court that they have fouled up by ignoring your income/expenditure form and get them to reconsider it.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Thanks Zamzara - we have contacted the court who are pretty much stonewalling us. They said we have to deal with the bailiff now and they dont consider income/expenditure until the bailiff returns the file. Apparently they always give to the bailiff before even giving you the chance to pay by installments. Its rotten practice (Northwich Magistrates Court) - I thought you had a legal right to be given the chance to pay by installmentrs if you cant afford to pay it in one go, but apparently not.

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Hi

 

The very same thing has happened to us, however my partner had returned the parking fine notice. Today he has been back in court to quash the failure to identify driver which has happened today. Are they trying to remove things that belong to you? They are not allowed to do this as long as you can prove they are yours. I have a thread about this. Is there any option for your partner to go back to court to admit the speeding offence. My partner has been fined today for this, £75.00 and three penalty points however because I could not prove the things were mine in the 20 mins the bailiff was giving me a very kind mum of a friend paid the £900 they were asking for apparently ths will be refunded but looks like it could take forever. Its a nightmare this happening to you Marstons have got to be the worst of the bunch in my opinion. I think you should write to the court and ask for it to be reheard as a speeding offence if thats possible. My partner did not get any points for the original offence so why has yours? What offence was he convicted of? I hope it has gone ok for you today. I was also feeling ill about it, very scary guys the Manchester bailiffs and not adverse to lying to get their own way.

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Hi - Oh, Kate its horrible isnt it.

 

Here is what happened today...

 

Bailiff phoned at 9.30 saying if we didnt have his money by 4pm he would come straight away with van, locksmith and police officer. Wouldnt budge, said he'd phone back at 4pm.

 

I went to solicitor to get my Statutory Declaration sworn and signed - no problem - cost me nothing, just a donation to their charity box.

 

Sent an email to Marstons, attached the stat dec and said that everything else in the house is either exempt or belongs to the children (true). Also said that I personally will be making a formal complaint as a separate child protection issue - the bailiff was peeping in through the window where my two year old was watching TV completely naked whilst my mum was in the kitchen - I know this because he made a remark over the phone to my husband about the big plasma TV on the wall.

 

Husband phoned the court and asked to speak to the chief fines officer - he wasnt in but they gave him his mobile number. Called him and he was very helpful - said to ignore him completely, dont answer phone, dont answer door and preferably be out when he calls at the house as you're more likely to cave if youre in. Said he wont break in, theyre just lying thugs. Said they have no right to come onto your property and peep through windows.

 

Bailiff called at 4pm - said have you got the money, husband said 'no' he said I'll be there in half an hour and put the phone down.

 

I printed out the stat dec and the email Id sent to Marstons, husband went into the garden and locked the door behind him with the copies.. Bailiff turned up an hour later. Husband handed him the paperwork. This is where I think we have grounds for complaint...

 

He obviously was not happy about the 'peeping' comment and denied he had looked in. Then he said he had looked in and checked a few handles etc. He knew there were people in because he had spoken to my mum at the door.

 

He said the stat dec doesnt count, said its too late. Then he said he didnt care, he'd come in anyway as even though the possessions are mine, we are together and he can therefore levy on them.

 

Then he said he personally could have my husband arrested - said he had the power to have him sent to prison - he was getting agitated and was saying this really loud.

 

My friend over the road couldnt see my husband inside the gate and shouted over 'cant you get in mate' and he shouted back 'he wont let me in' in a way that made it obvious he was a bailiff.

 

He has now said we have until Thursday to come up with the money or he will come in regardless of the stat dec and levy on my/childrens goods AND he will arrest my husband.

 

Does this sound like hes acting legally? Does anyone know or can offer any advice before I write the complaint? We're both terrified.

 

Thanks :)

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Hiya

omg he sounds as if he is getting a bit desperate, I think you are being v brave (I just gave in and paid the £) if he really was going to do all that and it was legal then I am sure he would of done it. These guys are getting some commission (so I have been told) so they just want you to pay up. Their attitude changes completely when you do, oh so nice and helpful they are!! I think that you must speak to Court again, I would pester them until they agree to look at the failure to take notice of the financial form. If you could get it back into Court then the bailiffs are no longer involved.

 

If you look at some of the info on this forum there i lots of helpful legal stuff with regard to possessions and what they can and cant take.

 

Good Luck

 

Kate

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Hi, lol Kate - I dont feel brave at all, feel like jelly inside but we havent got the money and I'm not going to let him take the stuff that we've saved for. We dont have anything on credit, even the cars are paid for - they arent the best cars in the world but they're ours. Luckily enough, my husband sold his car last week and hasnt bought another.

 

We've put an official complaint in about the bailiff today and drove to the court (about an hour away) to hand it over personally. The person who my husband handed it to was the fines officer who he spoke to on the phone yesterday who gave us the good advice - he said he is going to personally hand it to the person who is in charge of the complaints.

 

Did I mention before that he also told my husband he was a High Court enforcement officer? Well he isnt, he's just a CEO...lying git. The complaint is 6 pages long...it took about 2 hours to write.

 

Fluffy_Bunny, Thanks for that :) - who is Tomtubby? How do I contact him? x

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They will try anything to get what they want They tried to get to us for a debt that wasnt even ours by going to our esate agents (House for sale) and telling them they called went to them WHEN CONFRONTED they said they only went to them as they thaught the house was empty OK MMMMMMMMMMMMMMMMMM cat at window partner at home music going Poor excuse

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A huge thankyou to Tomtubby, she's been very helpful. The case has now been returned court and the bailiffs fees are gone. Thanks to everyone who replied for your support x

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A huge thankyou to Tomtubby, she's been very helpful. The case has now been returned court and the bailiffs fees are gone. Thanks to everyone who replied for your support x

 

I was glad to help. I will be the FIRST person to be critical of a bailiff company for any wrongdoing, but likewise, I will also congratulate any company who are able to recognise a clear case of vulnerability and that is what Marston Group have done.

 

Always remember however, that once a case is returned to the court it is vitally important that contact is made with the court to pay the fine as otherwise the court will take the view that you are refusing to pay. You will need to complete a Means Enquiry Form and from that the court can work out an affordable repayment.

 

The bailiff fees of £275 are removed once the case is returned.

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