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i had a man round claiming to be a bailiff i looked on the certified bailiffs registry site for his name and couldnt find anything he was abusive towards me and my partner and stated he could take my pets and my daughters belongings including her pram, after a period of time being stood at my front door he eventually left, but then posted a card from the marston group company with 90% of the information i needed the only problem is we cant understand his last name and we dont know if it is someone trying to fob me and my partner out of money or if its a real bailiff we tried contacting the marston group themselves to arrange a payment plan but they refused to co-operate as its a court fine and is now in the hands of the bailiff himself i am however planning on ringing the court to assess a financial form to stop this but i need help finding out what rights i have and whether or not he can indeed take my pets due to a court fine someone please help

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Presumably your daughter is a baby as you refer to a pram. is this the case? He CANNOT take the pram or anything involved with care if a child including,clothes, toys, cot, bed, bedding, etc. etc.

Are you on any benefits also?

 

Others are more conversant with magistrates fines and should be along later.

 

You may be vulnerable and for caggers to ascertain this could you provide more detals of whether you are working or reliant on benefits. this isn't to pry but to enable Caggers to target the best advice for you.

 

HMCS have signed up to guidelines along with their bailiffs on how to treat vulnerable debtors :

 

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

     

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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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Bailiffs collecting magistrate court fines have to be certificated however they can work for up to 6 months without being certificated

If you must speak to the bailiff or marstons please try and record the call

 

were you aware that you had an outstanding magistrate court fine ? (if no a statutory declaration is the way to go with this)

 

have you read the sticky

 

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

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well we rang them up again and they said it was in the bailiffs hands but the courts said we could arrange a repayment plan it just made no sense as to why he was saying he could take my daughters belongings more than anything else

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