Bailiff threatening to remove goods - most urgent

[Droopy]

I am asking this question on behalf of a close friend.

 

At the beginning of the year, my friend was stopped by the Police, driving without a licence.

 

She heard nothing until 10 days ago when a letter from Marston Group Bailiffs demanding some £975 turned up.

 

My friend ignored this and has had a bailiff call today demanding £1175, or they will remove goods on Monday at 07:15.

They say they will be accompanied by the police.

They also threaten to force entry.

 

My friend genuinely heard nothing until 10 days ago,

has absolutely no money and very little in the way of goods to be removed.

 

Do we have any options?

Can the bailiff force their way in?

Can they threaten my friend with jail – they have done this

The letter left by the bailiff says that it is a final notice, does not specify what the debt is for, and appears not to be a court warrant.

 

My friend is extremely worried (as she should be), but she could do with some sound advice if anyone can be so kind

 

Thanks

 

Droopy

[BASFORDLAD2]

[Edited due to commercial link]. Also keep your doors locked and remove a car if you own one

[Sidewinder]

Apologies but have had to edit your post due to the commercial link. I have alerted the Team to the OP's problem and hopefully the cavalry will be here soon.

 

In the meantime, as suggested, keep all doors and windows locked.They can levy on goods outside, so if there IS a vehicle, then move it well away from the property.

[BASFORDLAD2]

Apologies but have had to edit your post due to the commercial link. I have alerted the Team to the OP's problem and hopefully the cavalry will be here soon.

 

In the meantime, as suggested, keep all doors and windows locked.They can levy on goods outside, so if there IS a vehicle, then move it well away from the property.

 

I didnt think CAG had a problem advising people to use specialist sites anymore?

[ploddertom]

Are you saying she had no knowledge of any Court proceedings? Since the offence has she moved address?

[Droopy]

Are you saying she had no knowledge of any Court proceedings? Since the offence has she moved address?

 

She hasn't moved address and she does say she heard nothing about the court apearance

[ploddertom]

It sounds to me as if she has been found guilty in her absence which would explain the size of the fine, probably £890.

 

The Bailiff is attending as the fine has gone unpaid.

 

Has the Bailiff left you any paperwork as to which Court this is?

 

It may be the address the Court has been writing to is incorrect.

 

Whilst it is true a Magistrates Court fine carries the power of forced entry

the Bailiff will need a specific order from the Court allowing this,

which is very rarely given and is aimed at persistent offenders who treat this as a joke.

 

He will be using this as a lever to intimidate you which is why they are telling you 7-15 in the morning -

where are you going to be able to check at that time of day.

 

You do not have to allow them entry and should remove anything lying around outside

- most notably a car.

[Droopy]

[ATTACH]39120[/ATTACH]

 

The attached is all we have

[ploddertom]

At least it gives a starting point as it says HMCTS Manchester who you must make contact with on Monday.

[Droopy]

At least it gives a starting point as it says HMCTS Manchester who you must make contact with on Monday.

 

Thanks. I will get my friend to make that her first call on Monday.

[ploddertom]

One of the most important questions to ask is which address they have written to.

[tomtubby]

This is actually VERY simple.

 

All that is required is for your friend to contact the relevant Magistrates Court and ask to speak with the Fines Office and explain that he had not received an initial summons. The court should then allow you friend to swear a Statutory Declaration. This will then "rewind" the procedure and a new summons will be issued and this will allow your fiend the opportunity to enter a plea etc. The bailiff fees will be removed and all enforcement will cease.

[Droopy]

This is actually VERY simple.

 

All that is required is for your friend to contact the relevant Magistrates Court and ask to speak with the Fines Office and explain that he had not received an initial summons. The court should then allow you friend to swear a Statutory Declaration. This will then "rewind" the procedure and a new summons will be issued and this will allow your fiend the opportunity to enter a plea etc. The bailiff fees will be removed and all enforcement will cease.

 

The Bailiff didn’t show up on Monday and i have not seen my friend since (see, it is really not me, it is a friend )

 

If your advice is correct, and i have no reason to think otherwise, i struggle to imagine a more favourable outcome.

 

I shall pass on your advice & post back when i have an update.

 

Many, Many thanks.

[tomtubby]

It really is very simple. A Statutory Declaration is the correct procedure.