Marstons Bailiffs - Magistrates Court Fine

[Jimmy Jangle]

Hi,

 

I've been tasked with trying to resolve a problem my brother in law has.

 

Just been informed on my lunch that he received a visit at his parent's house (where he lives) from a bailiff (didn't answer door) and they left a letter advising they would be returning in 2 days time at 6am for a debt of £425, which initially came from an £80 on the spot fine he received for being 'drunk and disorderly'.

 

He's panicking a great deal now as he thinks they're going to break in and take his parents' things (which I know they won't), so I'm on here asking for any help at all.

 

From what I gather the 'letter' they left mentions nothing about a Distress Warrant so am I right in thinking they have no right to enter?

 

Any swift help would be much appreciated!

 

Further info: It's from West Cheshire Magistrates apparrently (searching that online seems to bring up Chester Magistrates), and the court have been saying he needs to speak to the bailiffs to sort it out.

Edited October 18, 2011 by Jimmy Jangle

[Jimmy Jangle]

UPDATE:

Been e-mailed by brother-in-law: "right man spoken to CAB they said they dont have to agree to payment plan and just advised about bailiffs but cos its a criminal thing they can force there way in.. F**K"

 

Any ideas?

[Jimmy Jangle]

Anyone?

[hallowitch]

get your mum/dad to go to a solicitors and get a statutory declaration ask for 1 original and 2 notarised copy's

cost approx £10

send 1noterised copy to the court where the distress warrant was issued and 1 to marstons (recorded delivery )

 

the solicitor will keep you right on the exact wording but it goes something like this

 

STATUTORY DECLARATION

 

 

 

To: (the

bailiffs

) (their address)

 

 

 

 

 

 

I (your parents name)

of (there address)

Do solemnly and sincerely declare that:

the items listed (list them) are not the property of (sons name) and (reason why they were there) and have always been my sole property

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.

 

Signature

:

 

Declared at

 

On the day of two thousand and

 

Before me

 

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for OathsBefore me

 

 

[Jimmy Jangle]

Thanks for that, just forwarded it to him now.

 

FTR it's not for me (bro-in-law), I got caught p'ing in the street once a long time ago, paid fine straight away as I knew what would happen.

 

Was asked to look online as I seem to know the right "places"

[hallowitch]

your welcome

 

it may not stop the bailiffs coming to his door but it should stop them threatening/breaking in to his house to remove his goods

 

tell him to photo copy a few and if a bailiff does turn up to push one through the letterbox

 

remind him to include any vehicles they have

[lordcrocket]

I did'nt think that these people could enter your home unles you let them in

[1Loretta]

I did'nt think that these people could enter your home unles you let them in

 

Please read my thread

[brassnecked]

I did'nt think that these people could enter your home unles you let them in

 

Magistrates fines are different to Council Tax in that respect, but they can't just force their way in on a first visit imho

 

However they will threaten all sorts of things that they cannot do when collecting either type of debt, as it suits their intimidatory bullying collection methods.

Edited October 21, 2011 by brassnecked