Urgent help needed- Marston and Distress Warrant

[Deb2011]

Hi All,

 

I'm hoping someone can help me- basically, Marstons put a letter through my door 3 days ago threatening to remove goods. I called the bailiff named on the letter and she informed me that she has a Distress Warrant in respect of an unpaid speeding fine. She told me that she is not open to negotiation and wanted the money paying in full by Friday (today).

 

This came as a total shock to me as I was unaware that a warrant had been issued, although I was aware that I had a speeding ticket. In a nutshell, I was taken into hospital last year with a dangerously low blood count but 'escaped' so to speak (I had septicaemia and was convinced I had to leave). When I was stopped by the police I still had my hospital wristband on and the dressing from my drip. I couldn't even tell the police office my own registration or how long I had been driving for, but he just let me leave and told me to drive safely. I was hospitalised later that day, and took my license to the station a few days later. When I left the station, I popped a cheque for £60 in the post and considered the matter dealt with.

 

A couple of weeks later, when my health had stabalised, I found a letter chasing payment of the fine. However, as it seemed to have been posted a couple of days after I went to the police station, I just assumed things had gotten crossed in the post. Granted, I should have double checked this, but as I heard nothing afterwards and received my license from the DVLA I believed this had been dealt with.

 

Since this happened last October I have received nothing in relation to an unpaid fine. I have had no collections notice, no further steps notice, nothing. This problem could be down to post going elsewhere (I often get post for the street at the back of mine and vice versa), but I genuinely have not received a thing. To top it off, I have worked as a family law solicitor all of my life so I would certainly have acted on this had I been aware that it would come to this. Although I am not working at the moment (I left because the hospital thought I was terminally ill), this will most certainly affect my chances of getting back into law and I'm devastated.

 

I've taken advice from the Community Legal Advice team and they have told me that I can send a Statutory Declaration to Court asking for payments to be made directly to them rather than Marston. I drafted up my Stat. Dec today and called the Court to enquire about getting it sworn, but they told me not to waste my time as it is up to the Bailiff to send it back to Court. I then spoke to the Bailiff, who told me that she has no power to send it back and that she is coming to break into my home to remove goods tomorrow. I then called the Court back and asked if she had the power to do this, and they were mortified and said she can only enter peacefully. When the Bailiff called back she told me that I was a liar, called me 'thick', and told me that I hadn't spoken to the Court because they would have text her if I had done. She also called Community Legal Advice 'a bunch of clowns' and said that I just have to accept that if I don't cough up £365 in the next 24 hours she's coming to remove my things tomorrow.

 

So now I'm stuck between a rock and a hard place and don't know what to do. Community Legal said that I need to stop being intimidated and put the Declaration into Court anyway as, to be fair, the lady on the phone does not know my circumstances. However, the Court have told me not to waste a journey and the Bailiff says it's game over for me as a Distress Warrant has already been issued. I've looked online and found a Form n245 for Suspension of a Warrant, but I don't know if it can be used in these circumstances. I have also read that I can ask for a Means Assessment Hearing, but I'm not sure if that can be used now either. Whenever I call the Court they are very unhelpful and I've got three parties (Court, Marston and CLA) telling me completely different things. None of the stuff in my home is worth £150, never mind £365, and it seems unfair that they're demanding this anyway considering I had no idea it had gotten to this stage.

 

If anybody has any advice on this today then please let me know. I've tried explaining to the Bailiff that I'm vulnerable due to my bone marrow disease, auto-immune condition and clinical depression (all of which is documented medically) but she said that doesn't make a difference. As it stands I'm worth more dead than I am alive and, considering my lost career, declining health and now this matter, if she bursts into my house tomorrow she'll probably find me hanging from the rafters. I really am desperate so any help would be appreciated.

 

Deb

[maroondevo52]

Hello and Welcome, Deb.

 

I've moved this thread to the appropriate Forum.

 

Regards.

 

Scott.

[hallowitch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?165753-MAGISTRATE-COURT-FINES.-Template-of-a-Statutory-Declaration.

 

Read this thread and act on the information given by tomtubby

 

Marstons agreement with HMCS allow magistrate court fines to be spread over 6months

she wont break into your home i believe she need to take it back to court and get a warrant of entry

 

she sounds like a nasty piece of work i strongly suggest you start recording her calls and then make a formal complaint to the court manager

[Deb2011]

Thank you for that. I've already typed up a Statutory Declaration but I've been told by three people at the Court by phone today that they won't accept it as I have acknowledged that I had a fine and it was unpaid. I will ask the Bailiff to consider payment over a few months but she keeps telling me that the Court has told her to take goods now. I've asked the Court and they say they haven't done this, and it is in the hands of the Bailiff to refer it back to them if there are special circumstances. So I've got them both telling me the opposite of each other. It's just a nightmare.

[hallowitch]

please record the call if you feel you must speak to her

 

http://www.hmcourts-service.gov.uk/infoabout/enforcement/bailiffs/standards.htm

 

Vulnerable situations

 

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
  
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
  
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
  
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
  
• 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.
    

[Deb2011]

Thanks for that. I did try explaining to the Bailiff that I'm vulnerable but she told me to 'get over it and pay'. I did call the office about it but they just told me to write a letter. I honestly don't know how these people sleep at night

[ploddertom]

Don't believe the Bailiff. They are only any good at manipulating you to pay. They will lie, cheat 7 bully bto acheive their aims. The cheque you sent have you looked to see if it was ever cashed?

 

PT

[Deb2011]

Hi there, no the cheque wasn't cashed. It's my fault for not checking, I understand that, but at the time I was pretty much expecting to be dead by January so it wasn't the top of my priority list. I suppose I wouldn't be having this problem if I hadn't had the nerve to live another 4 months!!!! I've decided that the only thing I can do is pay a tenner on the automated payment line and then text the Bailiff letting her know that I've made a small payment today, will continue to make small payments as and when I can, and she will hear from my solicitor next week (the wheels have already been set in motion, they're writing to them on Monday). I know it's only a fraction of the debt but I suppose it at least shows willingness to pay.

[Thegreenpimpernel]

Remember you do not have to let them in. The police will not help her, and she has NO powers to force entry.

 

The court has the power to order entry for a fine (she is just their pavement pounding minion) but they will NOT in this type of case.

 

You need to hide you car if you own it and it's not on HP.

 

In light of the above, just send what you can afford by recorded delivery.

 

Hopefully HW's vulnerable status approach will negate the need for any further bailiff antics.

[debbbbsy]

Hi, Marstons are lying scumbags and will say whatever they want regardless of whether it is the truth or not.

 

She cannot under any circumstances break into your home. This is a lie.

 

Now, they are claiming you owe £365. So they have clearly added on fees. There is a limit to what they can charge, and there are specific amounts for enforcing a fine.

 

Send a letter to Marstons, mark it as a Formal Complaint against the officer, you have made her aware of the seriousness of your illness & her actions are completely unacceptable. Request a full and detailed breakdown of the debt.

 

Make Marstons aware that if the response fails to acknowledge the seriousness of the complaint you will lodge the complaint with The Association Secretary of the High Court Enforcement Officer's Association.

[Deb2011]

Thanks for your guidance everyone. Things have taken a perculiar turn this evening- I paid £10 on their automated system earlier and sent her a text saying that it had been paid as a means of showing that I am not ignoring this situation and am willing to get it resolved. I also added that my legal rep will be in touch as my illness classes me as vulnerable and this is only making me worse (I only realised before I have taken no medication for 24 hours as I've been so stressed). She then text me saying that she has no choice other than to enforce, so I decided enough was enough and called to have it out with her again. This time round she was lovely and said that she will keep the case out of enforcement for as long as possible as she can see I've had a terrible time with my illness etc. She also asked if I'd considered asking for the speeding fine itself to be revoked because, strictly speaking, the police should not have allowed me to drive on home after I was stopped. She's told me to think about it over the weekend and then give her a call on Tuesday with a plan of how I can get it paid back as quickly as possible (she's willing to negotiate as long as it doesn't go past 6 months). I'm not holding my breath because she's changed her tune 4.6 gazillion times today, but hopefully this could be the start of a sensible resolution. Honestly, I wish my house was made of wood so I could just put it on a trailer and get off!!!

[ploddertom]

Make Marstons aware that if the response fails to acknowledge the seriousness of the complaint you will lodge the complaint with The Association Secretary of the High Court Enforcement Officer's Association.

 

Sorry this wrong as in this case they are acting as Bailiffs and not HCEO's.

 

PT

[RaeUK]

Hi Deb2011, I'm not surprised that the bailiff has now turned all friendly. I suspect this is because your legal advisors are taking your vulnerability seriously. The bailiff knows she will lose her fees if the case is returned to Court as it should be.

All you ever needed to do was write to the Court explaining your vulnerable status, include copies of supporting medical evidence and request a re-hearing for income evaluation. If you're receiving a deductable benefit then the fine will be taken at about £5pw equivalent and no interaction from the bailiff...

Rae

[RaeUK]

Oh, and lest we forget, Marstons are fully aware of the National Standards for Enforcement Agents being members of the Association of Civil Enforcement Agencies (whose Code of Practice dictates that members should adhere to the Standards). The bailiff is, basically, pulling a fast one. They know they have a duty to send the case back to the Court. Bear that in mind should you care to fire off a letter of complaint ...

Rae

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.