Baliff help - Marstons

[shrug]

Please can someone help!

 

Had a visit today from a bailiff stating i owe £450 for TV license debt from 2008 from a previous address in another area.

I called the majestrates court and told them it was the first i had heard about the debt. They advised that i did actually aknowledge the debt back in 2008 and made a £30 payment so a stat dec is not an option.

 

The court advised me to call their fine department which i did and they say because i had a baby 7 months ago, self employed on maternity allowance am classes as vunerable and should be allowed to have the debt passed back to themselves and just pay the original £150 and have baliff taken out the eqasion.

 

So i called marstons, spoke to someone who clearly could not be bothered to be there said i was told a crock of lies (his words) and it was up to the majestrates to claim the debt back.

 

Another call to majestrates, they confirmed they could NOT take the debt back and its up to marstons or the other option they told me - IGNORE IT?!!! they say just dont answer the door or let them in......i don't want a default of CCJ though been working hard to sort out my finances.

 

Called marstens again spoke to someone who was incredibly rude and told me to call the baliff as it was HIS decision NOT the companys to send back the dbt?!!

 

Am confused and have spent the past 2 hours on the phone back and forth whilst trying to look after a 7 month baby. Its seriously stressing me out and inder loads of pressure from baliff

 

HELP please xx

Edited August 2, 2013 by citizenB

[fkofilee]

Marstons... Or whatever they are called are like a crap stain on the underpants of society.

But in all honesty there bailiffs have probably heard every reason under the sun ^__^

 

Now back to the problem at hand... Will the bailiff accept a payment plan?

For something so low im pretty sure if he was reasonable about it, you should be able to.

 

Now also another question i want to ask is... Has he been into your property or begun to list and value goods?

 

Cheers

F

[shrug]

No he's not been in the house or listed anything

 

Do you think it really is his responsibility to send the debt back?

 

He seemed an okay guy and could see i had a baby?!

[shrug]

Called the baliff and he swore at me down the phone, really scared me TBH

[unclebulgaria67]

See if you can get this transfered to your nearest Magistrates, so you can attend a means hearing, where you can then arrange an affordable repayment amount. You don't have to deal with the bailiffs particularly if they swear down the phone at you. You should be able to get this sorted on Monday. If you have a car on the driveway, you should park away from the house until you have resolved with the court. If they turn up don't let them in.

[dx100uk]

quite correct ignore the bailiff

 

and sadly FF too [lots of bad advise being given recently FF!! on many threads

 

if you DONT KNOW , DONT POST!!]

 

stop phoning the bailiff

 

he has no powers any longer .

dx

[sgtbush]

call marstons and get the court ref number, phone magistrates and ask to speak to the fines officer and ask for a means test hearing is you best option at the moment

[shrug]

call marstons and get the court ref number, phone magistrates and ask to speak to the fines officer and ask for a means test hearing is you best option at the moment

 

Done this, they just want marston to return the debt to them. Marston says the debt lies with the baliff. Biliff told me F*&% off.

Just had text from baliff apologizing for his behaviour.

My OH who is at work is furious.

[unclebulgaria67]

Done this, they just want marston to return the debt to them. Marston says the debt lies with the baliff. Biliff told me F*&% off.

Just had text from baliff apologizing for his behaviour.

My OH who is at work is furious.

 

Text them back, asking them to return this to the court, so a means hearing can take place and that you are considering making a formal complaint.

[Trurider]

Item 1 - is this your debt?

 

Item 2 - Magistrates Courts deal with Criminal matters NOT Civil Cases - this is a Civil Case so the order would have to be made by the County Court.

 

Item 2 - If the matter has not come to your attention - apply to have the order set aside on that grounds. Once the application is made the order will be stayed and the bailiff can do nothing until the court decide.

[shrug]

They say he has a distress warrent to enter the premesis?

[shrug]

Yes its my debt from 2008

 

They are saying he has a distress warrent to enter the premasis from the court and he has a copy?

 

Am really worried hes gonna take my stuff

[shrug]

If i pretended not to be in could they still just break in with a locks smith?

 

They say he has a distress warrent but if he did why wouldnt he have just seized good there and then? why did he say he would be back Monday?

Tried calling the court but there shut now till monday.

 

Is this the kind of thing they can lie about?

 

 

What if he calls over the weekend?

Edited August 2, 2013 by shrug

[unclebulgaria67]

If i pretended not to be in could they still just break in with a locks smith?

 

What if he calls over the weekend?

 

Truinder, in England/Wales non payment of a TV licence is a criminal matter dealt with by Magistrates. In Northern Ireland it may be different. In England/Wales, because it is a criminal matter, they can force entry, but this is a last resort measure.

 

As has been said, tell the bailiff to return this to the court and you will attend a means hearing. If you can attend a means hearing early next week, you will get this resolved and the bailiff will be out of the equation.

[shrug]

Truinder, in England/Wales non payment of a TV licence is a criminal matter dealt with by Magistrates. In Northern Ireland it may be different. In England/Wales, because it is a criminal matter, they can force entry, but this is a last resort measure.

 

As has been said, tell the bailiff to return this to the court and you will attend a means hearing. If you can attend a means hearing early next week, you will get this resolved and the bailiff will be out of the equation.

 

 

Please could you explain a means hearing what it is and what it involves? is it different to a statutory declaration? (i cant do a stat dec) thanks

 

Okay shall i text him - its better to have proof isnt it?

[unclebulgaria67]

Please could you explain a means hearing what it is and what it involves? is it different to a statutory declaration? (i cant do a stat dec) thanks

 

Okay shall i text him - its better to have proof isnt it?

 

A means hearing is simply looking at your current financial position to pay the fine. So you would need to take details with you of your income & expenses, bank statement. The Magistrates will then decide how you will pay and how much.

 

Yes text the bailiff to say that you are not very happy and that you need him to pass this back to the court, as you need to arrange a means hearing next week.

[shrug]

I called the debt line who where extremely helpful.

 

Told me the baliffs would have a execution warrent and they cannot gain entry unless i open door/through an open window.

 

None of the vehicles they can take as not in my name. Tey would have to proove this.

 

They cannot force debt unless i have been avoiding it, i havent as contact been made

 

Advised to make complaint about his behaviour - after all he has admitted his aggressive behaviour via text message apology

 

They told me to download an N245 form and hand it into the majestraits with income details on it - would this be the same as the means hearing?

[sgtbush]

I called the debt line who where extremely helpful.

 

Told me the baliffs would have a execution warrent and they cannot gain entry unless i open door/through an open window.

 

None of the vehicles they can take as not in my name. Tey would have to proove this.

 

They cannot force debt unless i have been avoiding it, i havent as contact been made

 

Advised to make complaint about his behaviour - after all he has admitted his aggressive behaviour via text message apology

 

They told me to download an N245 form and hand it into the majestraits with income details on it - would this be the same as the means hearing?

 

Told me the baliffs would have a execution warrent and they cannot gain entry unless i open door/through an open window.

 

debt line are wrong, they hold a warrant of distress

[brassnecked]

Done this, they just want marston to return the debt to them. Marston says the debt lies with the baliff. Biliff told me F*&% off.

Just had text from baliff apologizing for his behaviour.

My OH who is at work is furious.

Hope you have kept the text where you are told to foxtrot oscar, it may come in handy later if you need to complain to HMCS managers

[shrug]

Hope you have kept the text where you are told to foxtrot oscar, it may come in handy later if you need to complain to HMCS managers

 

Turns out they dobhave power with a distress warrent. Luckily I have managed to get money together to pay. This seems my only option still think its bad thry can just turn up and demand 450 like that out of the blue.

Thanks for you help again

[shrug]

Had a bit of a google and it states that a bailiff who is collecting for a magistrates court must be certified (TV licence) . I have checked the justice.gov website and he is not on there??

 

The said bailiff got very abusive threatening and nasty down the phone knowing full well i was home alone with a young baby. He text me to apologise of his unprofessional behaviour. (proof from himself of his aggressive call) I am still not happy with the bailiff or the very unprofessional company i dealt with and want to complain.

 

What do you think? is it worth it? i just hate to think that they can get away with swearing/threatening behaviour when they are meant to representing the court?!!!

Then again he isnt even appearing on the certified bailiff list?

 

Quote from bailiff advice online:

 

They are not officers of the court and are not employed by the court. However, they are seen as representatives of the court because they act under the authority of a Certificate issued by the court. The court therefore exercises, under the certification process, a certain amount of control over the standards of competence and conduct of these bailiffs. Other than that, there is no formal regulatory structure of Certificated Bailiffs, although those that are members of the Certificated Bailiffs Association are subject to the complaints procedure of that body.

Only Certificated Bailiffs can carry out distress for rent, council tax, non-domestic rates and parking fines, child support agency arrears etc.

[unclebulgaria67]

The court fine I would presume is £150 and the £300 extra is the bailiffs fees. Do you feel that this bailiff deserves payment of their fees ?

 

Think I would ask the bailiff to return this to the court given the way they acted and you will then pay the court directly the £150 that is due.

 

I would certainly not be paying a bailiff £300 after being told to f-off down the phone.

[shrug]

The court fine I would presume is £150 and the £300 extra is the bailiffs fees. Do you feel that this bailiff deserves payment of their fees ?

 

Think I would ask the bailiff to return this to the court given the way they acted and you will then pay the court directly the £150 that is due.

 

I would certainly not be paying a bailiff £300 after being told to f-off down the phone.

 

I had to pay it all.

No he certainly does not deserve a 300 fee after threatening to f $#@ing get in my house and taking my f#$@ing stuff regardless if am vunerable/have a young baby etc.

He did scare me and caused upset and stress to myself.

Hr was very uncooperative didnt want to except offer of 50 pw. I had to borrow the cash of father in law in the end. Before he came over this eve to tske vehicles outside that where not mine (he said he could take them regardless) and gain entrance by force.

[sgtbush]

you need to get his name and phone the court, the register is sometimes slow to update

[ploddertom]

2 threads merged.