Bailiffs sat on my front - what can they take

[lippylala1]

I've just had a visit from Marston bailiffs regarding non payment of court fines for tv license. This is their first visit and The bailiff has told me that his removal team is 10 minutes away if i don't pay £525 right now. when i told him i couldn't and he'd have to bring his team, he walked into my house,even though i triedd to close the door saying he had a warrant although i didnt see it and said he was coming in to sort it out. He then demanded i phone family to get the money.

I tried a few people but no luck so he has given me a removal notice, and said he will give me chance to ring more people. he is currently sat on the front in his car.

I cant pay in full, and he refuses to take part payment, so i'm wondering exactly what he can take? I don't have much, my tele is from brighthouse, so still belongs to them i think? Can they take childrens things ie, nintendo wii etc. Any advice please?

[rebel11]

Hi lippy

 

Just hang on, the guys will advise shortly. Don't answer the door to him.

 

I think you need to see the warrant, he should actually show that to you.

 

Get him to post the warrant through the letter box

[hallowitch]

2) The following articles belonging to a debtor shall be exempt from distress if they are at the time of the distress in a dwellinghouse and are reasonably required for the use in the dwellinghouse of the person residing there or a member of the household-

a) beds or bedding;

b) household linen;

c) chairs or settees;

d) tables;

e) food;

f) lights or light fittings;

g) heating appliances;

h) curtains;

i) floor coverings;

j) furniture, equipment or utensils used for cooking storing or eating food;

k) refrigerators;

l) articles used for cleaning, mending, or pressing clothes;

m) articles used for cleaning the dwellinghouse;

n) furniture used for storing-

(i) clothing, bedding or household linen;

(ii) articles used for cleaning the dwellinghouse; or

(iii) utensils used for cooking or eating food;

 

o) articles used for safety in the dwellinghouse or of household articles

3) The Lord Chancellor may by regulations add to the list set out in subsection (2) above, or delete or vary any of the items contained in that list.

We consider that under 1(b) and 1(d) the preferable aggregate value might be £1500.

 

List B

 

Such tools, books, vehicles and other items of equipment as are necessary for use personally by the tenant in their employment, business or vocation and such clothing, bedding, furniture, household equipment and provisions are as necessary for satisfying the basic domestic needs of the debtor and his family.

 

Information and confidentiality

 

• All notices, correspondence and documentation issued by the agent/agency must be clear and unambiguous and to the satisfaction of the creditor.
  
• On returning any un-executed warrants, the enforcement agent should report the outcome to the creditor and provide further appropriate information, where this is requested and paid for by the creditor.
  
• All information obtained during the administration and enforcement of warrants must be treated as confidential.
  
• Copies of the National Standards for Enforcement Agents must be freely available from the offices of enforcement agencies, or agents on request and wherever possible from creditors.
  
• Enforcement agents should provide clear and prompt information to debtors and where appropriate, creditors.
  
• Enforcement agents should, so far as it is practical, avoid disclosing the purpose of their visit to anyone other than the debtor. Where the debtor is not seen, the relevant documents must be left at the address in a sealed envelope addressed to the debtor.
  
• Enforcement agents will on each and every occasion when a visit is made to a debtor's property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided.
  
• Enforcement agents will clearly explain and give in writing, the consequences of the seizure of a debtor's goods and ensure that debtors are aware of the additional charges that will be incurred.
  

[hallowitch]

Do not let him in to your home

 

did you know about this fine

 

could you be classed as vulnerable

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS may 2002

 

 

 

 

Those who might be potentially vulnerable include:

• the elderly;
  
• people with a disability;
  
• the seriously ill;
  
• the recently bereaved;
  
• single parent families;
  
• pregnant women;
  
• unemployed people; and,
  
• those who have obvious difficulty in understanding, speaking or reading English
  

have a copy of your brighthouse agreement to hand if he does get in show him it try and recored the conversation on your mobile if you can

 

its my understanding that marstons contract with the court allows them to spread payments over 6 months

[lippylala1]

Thankyou. Is there any way i can hold them off for a few days at least? I have tried the court who say i must deal with the bailiffs directly, there is no number on the removal notice for the bailiffs apart from the mobile number of the person who attended earlier, who is refusing to take anything but full payment.

[dx100uk]

dont forget they cannot charge anything bar 1st visit fee either i think.

 

dx

[rebel11]

Has he gone now?

 

http://www.marstongroup.co.uk/contact-us.html

 

Marston Group Limited

PO Box 308

Waltham Cross

Essex

EN9 1ZN

Tel: 0845 0743 749

 

[email protected]

 

http://www.marstongroup.co.uk/customer-contact-centre/frequently-asked-question.html

[lippylala1]

He has gone from the front, but has telephoned to say he will be back within the hour with his removal team. I have got through to marstons, who say i can only deal with the attending bailiff.

I did know about the fine and i shouldn't have ignored it, but at the time of recieving it my newborn son was poorly on a life support and to be honest, since then i have gotten into a right mess regarding debts. Theres no way i can pay in full, i am a single mum of 4 on benefits.

[dx100uk]

then i would think you are classed as vunerable as in post 4

 

they should back off totally

 

dx

[rebel11]

Ring them back and tell them that you will call the police and report them to Trading Standards, and be firm about it.

It might be an idea to e-mail the vunerable persons template to Marstons and the court.

 

Case Number

Warrant Number

Local Number

Claimants Ref

 

Dear Sir

 

I have received the above Notice of Issue of warrant of execution today and I have written today to xxxxxxxxxx to ask for the bailiff not to be used because xxxxxxxxxxx.

 

Reason why your a vulnerable person xxxxxxx xxxxxxx

 

 

 

I understand that that these problems come under the vulnerable person for the purpose of civil enforcement in the meaning of the National Standards for Enforcement Agency Directives.

 

Where a debtor falling into a venerable persons category is discovered by an enforcement agency, the matter shall be referred back to the court and no seizure of goods may proceed.

 

It is your responsibility to hand this letter to the relevant person responsible within your organisation.

 

Yours faithfully

 

xxxxxxxxxxxx

[lippylala1]

What can i report him for though?

[fork-it]

Trading standards will take no action. their standard advice is to pass you from pillar to post and complain to ACEA, Credit Services Agency and others. Not worth bothering because they are business set up by bailiffs to look after their own interests.

 

Only call police on 999 if the bailiff causes a disturbance or threatens you, Capture everything on video using your mobile, and NEVER open that door.

[sillygirl1]

Contact the council and let them know you are vulnerable and have young children present, that the bailiff is threateing and intimidating you and is making your children very frightened. That way the council HAVE to do something.

 

Contact your local CAB and ask if they can help as well.

[Surfer01]

The fine seems awfully high for a TV licence consideirng the rubbish on TV. Did the bailiff give the OP a breakdown of the fees showing how the abiliff arrived at the figure of £500 plus?

[fork-it]

There no prescribed bailiffs fees for collecting unpaid TV license fine. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3

[hallowitch]

bailiff fees for collecting unpaid magistrate court fines are

admin/letter fee £75 visit fee £200 (i think they went up this year but not by much)

 

I'm not sure about this but cant the op get this referred back to court for a means test and payments to be deducted from benefits

[lippylala1]

The original court fine was £250, apparently i have been charged £75 for a letter from Marstons that i did not recieve and £200 for him coming out today.

[fork-it]

Theres no fees paybale by you to the bailiff for collecting an unpaid fine. This is the official advice from the Court Service: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3

[lippylala1]

I have spoke to the court who say it is out of their hands and marstons say i must deal only with the bailiff who attended, and he is refusing to budge. If he comes back with his removal team, and i dont open the door what will happen then? I am getting worried as my older children are home from school shortly and its not somethin i would like them to see or even know about.

[rebel11]

It might be an idea to contact your Community Police Officer, explain that your a vulnerable person and these people are harrassing you, ask them if they can help.

[fork-it]

bailiff fees for collecting unpaid magistrate court fines are

admin/letter fee £75 visit fee £200 (i think they went up this year but not by much)

 

Just looked at the contract and you are right, its £75 letter £200 visit. However, it also says those amounts are taken out of the amount the debtor has been fined before the bailiff pays the balance to the magistrates court.

 

Therefore the debtor does not pay the £75/£200 on top of the amount his is fined.

 

Apart from that I cant find any statutory bailiffs fees for collecting unpaid fines.

 

Edit: Just phoned the mags court - there are no statutory bailiffs fees for collecting magistrates court fines and debtors do not pay any fees to the bailiff unless ordered by a court. Section 40© of the Administration of Justice Act 1971 http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1970/cukpga_19700031_en_5#pt5-l1g26

[tomtubby]

I have spoke to the court who say it is out of their hands and marstons say i must deal only with the bailiff who attended, and he is refusing to budge. If he comes back with his removal team, and i dont open the door what will happen then? I am getting worried as my older children are home from school shortly and its not somethin i would like them to see or even know about.

 

Firstly, you should have received an "initial" letter to advise you that Marston Group have been issued with a Distress Warrant. This has to be sent BEFORE an enforcement visit.

 

Under the Contract with the Courts Marston Group can accept payments over 6 months.

 

In addition, it is almost certain that given your financial position, being a single mother and being reliant on benefits would mean that you are classed as "vulnerable" according to the National Standards for Enforcement Agents and that consideration should be given to returning the warrant back to the court.

 

As you say, the bailiff gained entry. Did he levy upon goods, and if so....what goods have been listed?

 

Did you also advise the bailiff that goods are subject to finance with Brighthouse?

 

From what I have read, it would appear to be clear that the bailiff is trying to get you to make arrangements for you to get a friend or family member to make a "voluntary" payment.

[lippylala1]

hi, firstly thankyou to everyone who has replied, i very much appreciate all your help.

 

Yes, the bailiff did gain entry. He told me who he was, and that his team was 5 mins away, if i did not pay the debt there and then. Having a 4 year old stood behind me and 1 year old in my arms, my automatic reaction was to close the door, and i said "well wait for your team". I wasnt happy to talk to him because he seemed quite aggressive, i just wanted to shut the door. but he patted his pocket saying he had a warrant and he walked in. He pointed at my phone and said " i suggest you start ringing around, my team is 5 minutes away". I tried a few people,even though i knew it was pointless.

 

I was quite upset at this point and was crying, but i know he didn't write a list or anything, although he was looking around and it looked as if he was texing, someone at one point. It was only when my daughter began crying too, that he said he would give me a few hours as he had other propertys to attend.

 

He later rang me, and said he was around the corner with his team, did i have the money. when i asked about a repayment plan, he laughed and said Marstons don't accept anything but payment in full. I explained about the financial mess i have gotten into since my son had been poorly since birth and we had nearly lost him, and he said "thats not my effin problem love". This angered me and i said "well bring your team then" and i put the phone down. he then rang me back and said you have till Friday and thatt was it.

 

So, here we are, thursday already, i'm still in the same mess, i cant email Marstons, i only have internet on my phone and it doesn't allow me to email. I can't pay the money, the courts say i have to deal with Marstons only and hes coming tomorrow with his team and a locksmith. The kids are off school and theres no way i will let them be here when they arrive.

[hallowitch]

As you say, the bailiff gained entry. Did he levy upon goods, and if so....what goods have been listed?

 

can you answer this question

 

have you written to Marston Group regarding your vulnerable situation

[fork-it]

but he patted his pocket saying he had a warrant and he walked in.

 

Did you actually see the warrant and was it genuine? if not then he has a problem: See my post above.

 

If you have young children then you could be considered to be a vulnerable person fro the purposes of civil enforement: http://www.dca.gov.uk/enforcement/agents02.htm#part10 there is also a charity that specialises in supporting vulnerable households: http://www.z2k.org/supporting-vulnerable-households

 

 

I was quite upset at this point and was crying, but i know he didn't write a list or anything, although he was looking around and it looked as if he was texing, someone at one point. It was only when my daughter began crying too, that he said he would give me a few hours as he had other propertys to attend.

 

He later rang me, and said he was around the corner with his team, did i have the money. when i asked about a repayment plan, he laughed and said Marstons don't accept anything but payment in full.

 

I think they can allow up to 90 days for you to pay.

 

I explained about the financial mess i have gotten into since my son had been poorly since birth and we had nearly lost him, and he said "thats not my effin problem love". This angered me and i said "well bring your team then" and i put the phone down. he then rang me back and said you have till Friday and thatt was it.

 

So, here we are, thursday already, i'm still in the same mess, i cant email Marstons, i only have internet on my phone and it doesn't allow me to email. I can't pay the money, the courts say i have to deal with Marstons only and hes coming tomorrow with his team and a locksmith.

 

Do not email or telephone a bailiff, let them calll you and record everything. Keep your doors locked shut at all times.

 

If he does then he commits an offence under Section 25 of the Theft Act 1968. Bailiffs cannot commit breaking & entering to collect unpiad council tax. Call police on 999 if he makes that threat again and capture it on video on your mobile: You need to be savvy to catch a bailiff breaking the law: