Help With Marston Group - warrant for tv licence fine

[rgoff]

Hi.

I have two young children (5 and 1).

 

I split up with the kids dad just before christmas so now Im a single mum.

 

I have had a pretty tough few months and was just about sorted when I received a letter from Marston Group.

 

It was originally a court fine that had now been passed to them.

I called them last Monday to arrange payment and was told that someone would ring me back to arrange a longer term payment plan but I heard nothing until this morning

 

I had a letter from a man on my doorstep saying that if I didnt pay immediately he would be back 'one evening this week' to remove goods for sale at public auction.

 

There is no way I can get this money, I dont work so cant even afford to pay a lump sum.

I just want to know that if he gains entry to my house (he turned up as I was leaving to take my son to school so he knows when I come in and out),

can he take any of my childrens toys (I know hes not supposed to but I have been told these are only guidelines)

and what will happen when he realises I dont have goods to the value of the debt and fees?

 

I spoke to the court earlier and was told that if there werent enough goods to cover the full amount it would get passed back to the court

and then they would take amounts from my benefit.

 

Im just worried that he will take my things anyway even though they wont come to the full amount and he will take my childrens toys to bump it up.

 

Any help would be very much appreciated.

 

Oh and it would be worth mentioning that I called them this morning and it doesnt matter that they didnt even try to call me.

 

All I was told was 'either pay in full or wait for the bailiffs' then they hung the phone up.

[RaeUK]

Hi rgoff,

 

so, if I understand your post correctly, you're a single Mum with two young kids getting by on benefits?

What benefits do you get?

Income Support possibly?

 

Any way up, if you're unemployed and a single parent then that puts you within the vulnerable category.

 

I'm surprised that the court is recommending attachment to benefits only after the bailiff has decided that there is nowt worth selling.

 

The bailiff should, as a matter of course, refer this back to the court.

 

I would suggest you write to the court detailing what benefits you are on,

the fact you are a single parent and are not currently working.

 

Request that the case is taken back for a means test and payment to be deducted from benefits.

 

Copy letter to the bailiff...

[rgoff]

according to the man at the court, as it has been passed to marston there is nothing they can do unless it gets passed back to them. Thankyou for your help. Will write the letter first thing.

[dx100uk]

what the fine for?

 

dx

[RaeUK]

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.

 

Above are the two elements that cover you in the National Standards for Enforcement Agents. Both the court and the bailiff will be aware of them. Presuming - and you haven't mentioned what benefits you recieve - your benefits are attachable, then you need to request a means test etc as mentioned above. The 'it's gone to the bailiffs, nowt i can do' excuse is a default setting ...

Edited March 20, 2012 by RaeUK

[ronnie6]

I hope this can be sorted out quickly by people who have more knowledge than me but

point no. 1.

if anybody goes near your kids toys they are in serious trouble.

point no.2 you are classed as vulnerable so the "man" should back off quick style.

point no. 3 you can't get blood out of a stone.

 

And from a personal viewpoint, don't talk to Marstons, if this is council tax deal direct with the council.

[ronnie6]

Im just worried that he will take my things anyway even though they wont come to the full amount and he will take my childrens toys to bump it up.

 

Any help would be very much appreciated.

 

Oh and it would be worth mentioning that I called them this morning and it doesnt matter that they didnt even try to call me.

Don't let him in. If it's a baliff all he's interested in is bumping up his fees.

I Repeat, DON'T LET HIM IN-

At this point we don't know what the "fine" is for but personally I still maintain that you are in a vulnereable situation with 2 young children and everybody should back off to give you a chance to sort it out.

[rgoff]

it was originally a tv licence fine as I defaulted on payments. My own stupid fault. So to clarify, dont let him in and write to the council asking for the case to be taken back and a means test carried out. thanks for your help. I dont care about my stuff really, just my kids toys and how they would feel to find tv and stuff gone.

[rgoff]

i am very tempted just to let them in and get it over with. I really dont see that I have goods to the value of £550 so will they send it back to the court or will they just levy what I do have?

[rgoff]

hiya. I have been given notice that a bailiff from Marston group will be calling at my house one evening this week to remove goods for public auction.

 

I have been told by several organisations to not answer the door to them.

 

There are just a couple of points I need cleared up.

 

Can they physically force entry to my home if they believe I am there?

 

I have two young children and if he calls in the evening as he said, its a good possibility he will hear them.

 

Secondly I was told that to gain entry they have to go back to court and get a warrant and they have to notify me of this after they have it,

when they will be coming and they have to turn up with the police.

 

I was told that they very rarely do this but is it different as the original debt is for a court fine?

 

i was told he had power of locksmith so do they still need a separate warrant to gain entry?

Or is it included on the warrant they already have?

 

Any help would be appreciated

 

thankyou

[dx100uk]

you'd do better to keep to one thread on this issue

 

dx

[tomtubby]

Can you confirm which type of debt this is for ( council tax, aprking ticket, unpaid court fine) etc.

 

Were you aware of the debt?

[rgoff]

It is for an unpaid court fine. This is why I am worried as I have been told they can do more because of this

[dx100uk]

tv licence fine

 

threads merged

 

dx

[rgoff]

yes I knew about it. Im one of the stupid people you hear about who bury their heads in the sand and end up owing a lot of money to people. I have sorted everything else out except this.

[rgoff]

thankyou dx. i wouldnt have a clue

[rgoff]

according to what ive read on here and a piece of paper I found from the court he can use reasonable force to enter my home if he believes I am here. Does this mean he can break in?

[old bill]

Speak to your local Law Centre. Their advice is free. Do it first thing tomorrow morning.

[RaeUK]

rgoff, can I just refer you to my earlier posts? They do advise you what the correct procedure is. It's not difficult, just a couple of simple letters. There would then be no bailiff to worry about and no extra fees. Just the fine, deducted from your benefits at about £3.50 per week. Provided, of course, that you recieve the right benefits. You've still forgotten to mention which they are ...

[d.robinson]

hiya. I have been given notice that a bailiff from Marston group will be calling at my house one evening this week to remove goods for public auction.

 

I have been told by several organisations to not answer the door to them.

 

There are just a couple of points I need cleared up.

 

Can they physically force entry to my home if they believe I am there?

 

I have two young children and if he calls in the evening as he said, its a good possibility he will hear them.

 

Secondly I was told that to gain entry they have to go back to court and get a warrant and they have to notify me of this after they have it,

when they will be coming and they have to turn up with the police.

 

I was told that they very rarely do this but is it different as the original debt is for a court fine?

 

i was told he had power of locksmith so do they still need a separate warrant to gain entry?

Or is it included on the warrant they already have?

 

Any help would be appreciated

 

thankyou

 

I am in the same boat. My daughter who used to live with me received a court fine for a driving offence and was paying a monthly payment but since coming out of work and is now on unemployment reduced payments by half. This ended up with it being passed to Marston Group who are NOT willing to arrange payment plan and want payment in full or enter my property even though she is no longer at my address. She asked on many occasions to arrange payment plan to no avail. I will not be letting them into my property even though they say they have warrant to enter. I have spoken to the courts who say nothing they can do out of their hands. Well who the hell is there to help?

[Old Cogger]

I am in the same boat. My daughter who used to live with me received a court fine for a driving offence and was paying a monthly payment but since coming out of work and is now on unemployment reduced payments by half. This ended up with it being passed to Marston Group who are NOT willing to arrange payment plan and want payment in full or enter my property even though she is no longer at my address. She asked on many occasions to arrange payment plan to no avail. I will not be letting them into my property even though they say they have warrant to enter. I have spoken to the courts who say nothing they can do out of their hands. Well who the hell is there to help?

 

 

 

Bump??????

[ploddertom]

I am in the same boat. My daughter who used to live with me received a court fine for a driving offence and was paying a monthly payment but since coming out of work and is now on unemployment reduced payments by half. This ended up with it being passed to Marston Group who are NOT willing to arrange payment plan and want payment in full or enter my property even though she is no longer at my address. She asked on many occasions to arrange payment plan to no avail. I will not be letting them into my property even though they say they have warrant to enter. I have spoken to the courts who say nothing they can do out of their hands. Well who the hell is there to help?

 

May I suggest you start your own thread for a better targetted response, click the link below for this

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

[old bill]

I'm dealing with cases involving Marstons on another consumer forum. This company has a history of making threats and using violence the law does not permit them to use. Driving offences, unless they carry a custodial sentence, are not criminal offences and, therefore, does not confer the same powers on a certificated bailiff than would be conferred on a Civilian Enforcement Officer (CEO) employed directly by H.M. Courts & Tribunals Service (HMCTS). Equally, it is not a criminal offence to forget to pay your TV Licence.

 

I will deal with both rgoff's posts first.

 

You need to contact the Court Manager at the court that imposed the fine as soon as possible and find out what authority Marstons have been given by the court. If my gut-feeling is correct, Marstons have sent you one of their threat-o-gram cards or letters which are potentially illegal under Section 1, Malicious Communications Act 1988. If the court have not given them authority to force entry, DO NOT open the door to them. As for their threats to break in, they cannot do this without a sealed court order signed by a judge. This is why I am urging you to contact the court that imposed the fine.

 

I will now deal with d.robinson's posts.

 

Traffic fines, other than those carrying custodial sentences, are not criminal offences and, therefore, there is no power of forced entry unless a sealed court order signed by a judge has been issued to authorise forced entry. If you daughter is no longer living with you, the bailiffs cannot enter and remove any property belonging to a third party. The court is spinning you a yarn and you should ask to speak to the Court Manager. HMCTS is 100% vicariously-liable for the actions of certificated bailiff companies they employ to collect fines. Whatever you do, DO NOT let these scumbags into your home.

 

On the other consumer forum I am with, we are developing a strategy to deal with certificated bailiff firms, like Marstons, that does not involve the potentially-risky Form 4 complaint procedure. It has been found that bailiff companies tendering for government and local authority contracts have to hold an OFT Category F Debt Collection Licence as a condition of tender. Most bailiff companies have such a licence to enable them to collect other types of debts besides NNDR, CT, PCNs and court fines. From conversations I had with the OFT's Credit Licensing Department last week, it is possible to make a complaint against a bailiff company holding a Category F Licence as the OFT will consider whether it brings the bailiff company's fitness to hold a licence into question and revoke or refuse renewal of their licence. Such complaints are dealt with by the OFT's Credit Fitness Team. The loss of a Category F Licence to a company like Marstons would be serious as this would put any government and local authority contracts in jeopardy and prevent them from collecting other types of debts covered by the licence. The worse case scenario is that a bailiff company could be closed down.

 

If any caggers would like further details about the strategy, please post on this thread or PM me.

[d.robinson]

Marston Group are telling me that because it is a punishment from the court they have a warrant to enter my address, is this right? so your advice is to keep ringing the court and see if they can take the debt back?

Edited July 9, 2012 by d.robinson

[ims21]

Would all folk helping out with d.robinson please post on their thread which is here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?357254-Help-with-Marstons-Bailiff-Please

 

Please stop the hijacking of the rgoff's thread

 

Thank you

Edited July 9, 2012 by ims21