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Hi

 

Got a letter this morning from Marstons about my unpaid tv license from last year(it went to court and was told to pay £110 its only £45 I had left to pay, which I was going to do next week when I recieve my benefits. I have 2 children one who has a disability (development delay and has a mind of a 18 month old) and myself nor my partner work so we are in receipt of JSA (income based) and child tax credits and child benefit.

 

They are now wanting me to pay £85 of fees on top of what I already owe which takes it up to £130. Now I do not have that money we dont have anything to sell really but I cant pay it in one lump sum. I know its my own stupid fault for forgetting to pay the last of the fine but I simply forgot as well as having 2 small children (1 & 3) to sort out as well.

 

Any advise or help please

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you are clearly vunerable

 

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 evidence of a potential cause for concern.

If necessary, the enforcement agent will advise the creditor if further 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.

this applies to the whole HOUSEHOLD 'a' vunerable person resides there.

 

contact the court as a matter of urgency in the morning.

 

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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Thanks for that DX

 

Only problem is that I have to take mt 3 yr old to a hearing test at 9am

so I cant go up to the courts until my son has had his hearing test

and in nursery which is at 1pm but who do I ask to speak to?.

 

Would it be worth calling the enforcement officer as well ???

 

I hate putting myself through this sort of trouble cos I will not sleep properly cos of my own stupid mistake.

 

Just been on Consumer Credit Councelling website and they have given me a letter to send to Marstons saying I can only afford £7 per week.

 

But I'll see what the courts say first cos I dont wanna pay an extra £85 just for a letter to say I need to pay the fine when I can just pay the court the £45 left over next week.

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ring them

 

were they aware of your vunerable status at the 1st hearing?

 

if not you really should have written something to them.

 

the status makes it that they should NOT ave refered it to the bailiff in the first place

 

so the fee will be reversed.

 

they will be well aware of the importance of what vunerable status means.

 

make sure you have the case number etc with you

 

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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Yep they knew we are unemployed and recieving joint JSA and child benefit and child tax creds at the first hearing.

So call the court when I get back from the doctors with my son or the enforcement team?

 

The only thing the court doesnt know is that it was only in March my 3 year old was diagnosed with Development Delay.

But would they accept me paying all of the fine off next week do you think thats the only time I get my money (child tax creds) to pay it off in one swoop.

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do not call the bailiffs ever!

 

i cannot predict what the courts wil say.

but i would expect no issues at all.

 

politely indicate that since your hearing your circumstances have changed

and in March my 3 year old was diagnosed with Development Delay.

 

apologise for missing the £45 but the time since diagnosis has been hard for you with worry upon the childs future.

 

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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Yes Sir Understood Sir hehe

 

Yer im scared stiff of baliffs

ill never call them

but i'll call the court when I get home tomorrow

if I dont have no luck there

ill call the enforcement officer.

I'll let you know how it goes.

 

Yep pretty much since we found our about his diagnoses we have been worried bout him as well as dealing with a 1 yr old which is no easy task at the moment.

 

I might just pop up there and explain to the lady at the desk that ive paid all the fine except the £45 left

which i can pay next week when I get my pennies and take my son's letter up stating he has development delay so they have a record of it.

 

Ta DX :)

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P.S

 

Not the enforcement officer with the baliffs its the enforcement team with the courts I spoke to them at the beginning of the year when i was struggling to pay the first fine off.

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no do not converse with the bailiff!

 

you've not paid all the fine either.

 

you've paid a little over hlf.

 

don't trivialise the matter,

its a fine and its a criminal fine,

you should have paid it,

 

is the bottom line

 

you need to get that across too, that you understand its seriousnes, not 'well just £45 left'

 

however, that does not excuse them from the regulations

 

 

Vulnerable situations

 

 

Enforcement agents/agencies and creditors must recognise thatthey each have a role in ensuring that the vulnerable and socially excluded areprotected and that the recovery process includes procedures agreed between theagent/agency and creditor about how such situations should be dealt with. Theappropriate use of discretion is essential in every case and no amount ofguidance could cover every situation, therefore the agent has a duty to contactthe creditor and report the circumstances in situations where there is evidenceof a potential cause for concern. If necessary, the enforcement agent willadvise the creditor if further action is appropriate. The exercise ofappropriate discretion is needed, not only to protect the debtor, but also theenforcement agent who should avoid taking action which could lead toaccusations of inappropriate behaviour.

 

 

Enforcement agents must withdraw from domestic premises ifthe only person present is, or appears to be, under the age of 18; they can askwhen the debtor will be home - if appropriate.

 

 

Enforcement agents must withdraw without making enquiries ifthe only persons present are children who appear to be under the age of 12.

 

 

Wherever possible, enforcement agents should havearrangements in place for rapidly accessing translation services when these areneeded, and provide on request information in large print or in Braille fordebtors 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, speakingor reading English.

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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Hi DX

 

Called the enforcement team at the court (not the baliffs) said I can pay the remander of the fine next week and I also mentioned that I recieved a letter from Marston's. They never contacted Marston's so they have emailed them to tell them to cancel it as im paying it in full next week only my fine the £45 not the additional £85 Marston's wanted.

 

It is someone from the court who is after me but they have been contacted and notified. I did appologise to them for not paying for the rest of the fine just simple got forgotten after my son's diagnoses which she understood and asked what he had and is he ok which i wasnt expecting.

 

Thanks for all the help DX your a star :)

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:thumb::thumb:

 

 

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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Share on other sites

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