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Hi folks, i'm in a bit of a pickle...

 

I've recieved a letter today from Marstons stating that I have 7 days to pay just over £1000.

 

One thing which seems to seperate me from every other post i've read is that i am unable to pay anything. I don't work and I havn't recieved benefits for over 6months.

 

It is for a fine i recieved in the magistrates court in 2001 (the offence was drunken-disorderly and it was in 1999)

 

Nearly a month ago I phoned the fines people and informed them of my situation and my inability to pay. The lady was very friendly, seemed sympathetic and advised me I would likely go back to court and I would recieve a summons if this was so.

 

I asked for a timescale but was told simply that it could take up-to 6 weeks, 4 weeks later I get this letter from Marstons.

 

 

A few other facts which may be relevant.....

 

I live with my parent (moved out, had a family, s**t happened, I moved back home)

 

I own next to nothing of value anymore, all the items in the house [TV, PC, etc] belong to my mother or my brother.

 

 

I had a run in with Marstons a few months back over an unpaid ticket for riding a cycle on the pavement: Ticket went from £30 to £170 (sold my laptop to pay it off so my mum didn't have to know about it)

 

 

 

Anyhoops, I could waffle on all night about how crappy things are right now, but i'll leave it at that for now.

 

So, where do I stand?

 

What is a bailliff going to say when i say that I have no money?

 

If you have any questions that may help you answer, feel free to ask.

 

 

P.S. Here is the main text of the letter, quoted exactly, including all CAPS and bolds and colours....

 

"We are in possession of a Magistrates' court order as a consequence of non payment of the above amount.

We are instructed to demand immediate payment in FULL from you. We must inform you that unless the TOTAL sum due is paid into our offices within 7 days of the date of this letter, our bailiffs will attend to levy distress and remove goods for sale by PUBLIC AUCTION. This action will involve minimum further costs of £200.

NO REMINDERS WILL BE ISSUED

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they've been fleecing you and comeback for more from amug that coughs....

 

riding in pavement ...how long ago was that one

 

its well out of time.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306357-Philips-bailiff-after-non-ins-fine-from-2003!-help&p=3418475#post3418475

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The riding on the pavement fine was in early 2010.

 

 

One thing I forgot to add was that the £1000 wasn't actually a fine, it was some sort of Compensation awarded to Merseytravel by the magistrates.

 

 

I should also point out I don't dispute the amount or indeed the offences, I am just incapable of paying anybody anything.

 

 

EDIT: The letter is dated 17th - May - 2011

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statutory declaration i think is what you need to do for this old fine

 

have a read of the thread link i sent

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I read the post at the link you provided, it seems to relate to undated letters, and summons being sent to wrong/old addresses.

 

Although the fine/compensation is from 10 yrs ago, I have had dealings with the courts regarding this fine and have paid some of it off over the years.

 

I will phone a solicitor on monday to arrange the statutary declaration.

 

Should I phone the contact number for Marstons and tell them this tomorrow or wait until i have done it?

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I think they have an online form to fill in-you can advise them there,as well as leaving a message with their HO.

I dont think that you need to be too specific aside from saying that you are dealing with this,and will be in a position to inform further on Monday.

Make it clear that you are not ignoring them,and do want to sort things out.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi again folks.

 

Could someone please give me some guidance on how to word the stat' declaration.

 

I was thinking of using one of the templates i've found but they all seem to be geared towards people who didn't know about the fine, and or are able to pay some amount towards it.

 

I have nothing, and until my health either improves enough to work or deteriorates enough to qualify for benefits, I am not going to be able to pay anything.

 

I also phoned a local brief today and they said it was £15 for them to sign it, and honestly I don't think I have got £15 worth of stuff left to sell, and I have already begged and borrowed to embarrassing levels so i could keep paying it up to a month ago.

 

Is there an alternative to paying a solicitor?

 

 

Thanks in advance.

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i think your local branch of the credit union do it FOC

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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its in that link

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm sorry dx but i'm a bit confused, all I can find at the link you posted earlier is posts on Undated letters and a further link to a Tomtubby post mentioning letters being sent to old addresses.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks dx, although i'm afraid i'm still very confused (even more so now)

 

The stat' declaration template you linked too, is entirely structured for somebody who didn't have any idea about the debt until Marstons got involved.

 

I did know about this debt/fine before marstons contacted me, I have been paying towards it for years until a month or so ago.

 

 

If I edit out all the parts of that template that don't seem relevant to me there is virtually nothing left.

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Thanks dx, although i'm afraid i'm still very confused (even more so now)

 

The stat' declaration template you linked too, is entirely structured for somebody who didn't have any idea about the debt until Marstons got involved.

 

I did know about this debt/fine before marstons contacted me, I have been paying towards it for years until a month or so ago.

 

 

If I edit out all the parts of that template that don't seem relevant to me there is virtually nothing left.

Anybody..?

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I don't know much about these but will try and add my own ten pennorth.

 

The problem as I see it is that you admit you owe but have fallen on hard times. You have spoken to someone at the Court who says it fine and will eventually get returned to them. Do you have a recording of this, or do you have the persons name you spoke to? I don't think a Stat Dec for yourself will do any good. It may be the Bailiff will call at your parents house and put the fear of god into them insinuating they will be liable for your debt. It will be better for you to explain to them what is happening but to also assure them they are not responsible for making payment in any shape or form. To forewarn them of this in my view is a good idea and it will pay them to do a Stat Dec claiming title to all goods on the premises. This then can be handed to the Bailiff or sent instead to the Company. You should write a letter to the Bailiffs outlining your finances including proof of Benefits - if any and asking your account be referred back to Court, a copy should also be sent to the Court.

 

PT

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The type of Statutory Declaration that you would need would NOT be the same as the one advising the court that you had not received a summons.

 

What you are looking for is one to confirm that you do not own any goods on the premises. Technically speaking such a declaration should be made by the person who owns the goods. This should be your mother and father.

 

You could do a simple on yourself whereby YOU state something along the following lines:

 

To Whom it May Concern.

 

STATUTORY DECLARATION.

 

I, Mr Jo Blogs of 1, High Street, Anytown, Anywhere do solemly and sincerely declare that:

 

I am the defendant named above.

 

I live at the above address with my parents; Mrs Joan Blogs and Mr Peter Blogs in their jointly owned property.

 

The purpose of this Statutory Declaration is to confirm that with the exception of my personal clothing and mobile phone, I do not own any of the goods within the above property . All goods are owned by my parents.

 

I am currently unemployed and I do not have any savings or asset.

 

And I make this Solemn Declaration etc etc.

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I thank all who posted for there effort, but I am very concerned about the fact the last post basically tells me that the other posters (who were site staff) were wrong to advise me the way they did, and they didnt come in to corect or explain it.

 

After speaking to the CAB today I have had some proper advice and it is sorted.

 

 

I would advise anyone who reads this to get *proper* advice before acting on anything posted on this forum. Im sure they don't mean any malice, but ignorance can be worse sometimes.

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I however can also report that the majority of people on this site do it free of charge, and the advise i have received however has been 100% spot on and a massive help to me and my family. Ignorance is no doubt how the majority of people end up on here. Afterall surely had the drunk and disorderly fine been paid back in 1999 it would never have recahed this stage of £1000+ but ignorance along the way has caused this. I find it so annoying coming on here and reading stories where people are a little ungreatful for the time taken by others on here to try and help someone struggling. Anyway, hope you get it sorted and mini rant over

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I thank all who posted for there effort, but I am very concerned about the fact the last post basically tells me that the other posters (who were site staff) were wrong to advise me the way they did, and they didnt come in to corect or explain it.

 

After speaking to the CAB today I have had some proper advice and it is sorted.

 

 

I would advise anyone who reads this to get *proper* advice before acting on anything posted on this forum. Im sure they don't mean any malice, but ignorance can be worse sometimes.

What you have to understand Mr_6, is that we are not here 24/7 and cannot always give you an answer or point you in the right direction straight away. Some of us are more knowledgeable than other and what they dont know some one else will. Most of us are not legally trained but what we do have in common is that we have all been shafted one way or another with regards to bailiffs.

In this part of the forum we deal in mainly bailiff matters not court matters, although some of us do know correct procedures etc because they have gone through it themselves. The information that is given to you is advice that you can either take or ignore.

Instead of coming back in here slating the people who have given you advise, why dont you tell us what 'proper' advice you were given so others can see it has been given correctly. As much as I admire CAB they do often get it wrong themselves. Also people can learn from what advise you have been given.

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The CAB are a curate's egg, good in parts, and their ability is variable according to where you are, but they tend to rely on the bailiff companies playing by the rules, It is obvious they don't so the CAB then often are at a loss as to how to proceed, as they think that everyone automatically plays fair.

We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Here is the short and sweet version of what happened...

 

I went the CAB and explained everything I explained here, she then phoned the Bailiffs and explained about my inability to pay and the fact that the property and all its contents are my mothers.

 

Bailiffs asked for proof of my medical condition and they will send it back to court.

 

/end

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You were fortunate Mr6 that your CAB is clued up, and the bailiff company was prepared to listen, often they ignore CAB and carry on enforcement regardless, in the teeth of evidence they are acting wrongfully, no fees in it for them to cease and desist you see.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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in your post orgiinally i read it that this was an old fine [2001], the fact that you had been paying very recently was not really apparent even in post 6 where you mentioned paying.

also please bear-in-mind most of this was the early hours of sunday morming where many of the more knowledgeable were not around.

 

you them got the correect info from TT with 24hrs not bad in my books for voluntary site......

 

 

dx ... back to fire fighting.

 

 

 

we can only give advice when we are playing with a full pack of cards and we know all the info.

 

oh and ps i doubt TT was wrong either.....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hmmm... it wasn't apparent I had been paying it, even though I clearly state in post#1 that I contacted the fines people about a month ago to tell them I can't continue to pay?

 

I suggest you re-read my OP.

 

 

And in future maybe you should refrain from posting when your tired due to it being early hours.

 

 

Please note: I am a volounteer on several tech' help sites, such misinformed and misjudged opinions would not be met with much gratefullness even when it is just to do with simple tech fixes, let alone on advice to do with such serious matters as this.

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Thanks

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