Help with marstons distress warrant for unpaid TV LIcence Fine

[Richy82]

This morning I was awoken by a very rude man man from Marstons and if I said nearly banging the door off its hinges it wouldn't be an understatement.

 

The account relates to my wife. after having a fine fore non payment of a tv licence. I tried to speak with him but that was no good as he asically refused as it named my wife and not me.

 

His also opening line was Im from Marstons do you know why I am here?? Gotta love it havnt you. He claimed to have a warrant to which I replied may I see it please answer was a flat no.

 

Now he has left a letter and claimed to be coming back tomorrow same time to carry out this distress warrant.

 

The balance of the fine is £142 and I know that from court papers etc. However the amount Marstons are trying to claim is £442 is this legal to claim nearly 3 times the original debt??

 

Any help and advice would be greatly appreciated.

[Satterthwaite]

Sounds familiar.

 

Why has your wife not paid the fine if you are aware of the court papers.

 

Marston's can charge those fees, was this a 1st or 2nd visit?

 

Judging by the fees it they are claiming it is a 2nd viist, are you aware of a previous visit or letter from marstons?

[Richy82]

to be brutally honest things have been very tough and trying to stay above water as been hard work. This debt has just been missed under the radar so to speak.

 

I was under the impression that 2 visits was a total of £48 not £300

[ploddertom]

You are mixing up different procedures. This is for Magistrates Court Fines & not Council Tax.

 

Was your wife aware of the fine? Was it for a different address to that she is at now? Has she had notification from the Court the matter is outstanding?

[Richy82]

This is a court fine for non payment of TV licence not council tax!!!!

 

Yes she was aware of the fine we have been also trying to re pay over £1000 on backdating council tax and demed that the more pressing debt. No i was at the same address

[Richy82]

the other thing aswell is after checking the certified Bailiffs register the enforcement agent wasnt listed however did have a marstons badge on his chest when he attended.

[ploddertom]

Did she attend Court? Has she ever been means tested? Did she receive a Further Steps Notice - a legal requirement - before the Bailiffs became involved?

[Richy82]

We have just spoken with the court who have agreed to take it back however the bailiff isnt looking like he will send it back.

[brassnecked]

We have just spoken with the court who have agreed to take it back however the bailiff isnt looking like he will send it back.

If the court recall it, it isn't up to the bailiff to keep the case he must hand it back, if he turns up and tries to get all medieval on your ass, film him to capture his threats and inform the court manager

[tomtubby]

If the court have agreed to recall the warrant then your wife is VERY fortunate indeed as this is very rare indeed!!

 

Did the court provide a reason as to why they are asking for the warrant to be returned?

 

The court will almost certainly send an email to the enforcement company to request the warrant be returned and this will be sent to the office and the bailiff will only get to know of the recall of the warrant when he contacts his office.

[Richy82]

If the court have agreed to recall the warrant then your wife is VERY fortunate indeed as this is very rare indeed!!

 

 

 

Did the court provide a reason as to why they are asking for the warrant to be returned?

 

 

 

The court will almost certainly send an email to the enforcement company to request the warrant be returned and this will be sent to the office and the bailiff will only get to know of the recall of the warrant when he contacts his office.

 

 

 

 

my wife spoke to someone else at the court and they have told here it can only be recalled if it was sent illegally which it wasn't in the process now of trying to negotiate with the baliff and still struggling to get my head round £300 charges

[Satterthwaite]

You are wasting your time trying to negotiate with the bailiif, all he will want is all the money!

 

£300 is made up of £85 first visit/letter and £215 for the 2nd visit. Are you aware of when the first visit was?

 

Bailiff register is not always up to date, you need to phone the court he claims to be registered with to check.

 

Have the court asked for the warrant to be returned or not?

[Richy82]

The ever so not likable bloke fro Marstons was back this morning. This relates to a fine for unpaid TV licence. £142 for the fine outstanding and £300 for marstons.

 

I didn't answer the door, however he has pushed through a card in an envelope stating that he has a distress warrant issued and that he has been refused entry or and unable to contact us and believes we are willfully trying to evade payment. also states

 

"You should be aware that exists a power under schedule 4A magistrates court act 1980 (inserted by Sch 4 domestic violence, crime and victims act 2004) yo enable us to enter your property, BY FORCE, using locksmiths where required to execute this warrant"

 

goes on to say

 

" I will be re-attending your premises, with a locksmith if necessary, to conclude this matte, I may if appropriate request authority to use above powers of entry.

 

Now this is after in our absence two weeks ago trying o force a levy on a car that wasn't ours just because it was park close to our house.

 

This is is in my wifes name and has been very worried and unknown to me has contacted said bailiff on the phone to explain there are no funds available( he also refused a PAYMENT BY INSTALLMENTS FULL PAYMENT ONLY) as she only works part time and im unemployed.

 

He also seems to have got it into his head that bailiffs are now allowed to repossessed HP goods ie Brighthouse goods.

 

 

Please help!!!

[unclebulgaria67]

You have a Magistrates court fine. If you cannot afford to pay the fine, you need to attend the court to explain this is a mean hearing, where it can be assessed the best way of paying this. The court staff may say it is too late. as bailiffs are now involved. But give it a go.

 

Even better, if you never received the further steps notice, then ask to swear a statutory declaration to the court to this effect and if this is accepted, you can make arrangements to pay the fine.

 

Whatever you do, don't ignore the bailff and do nothing. Try to sort it out with the court if you can.

[Richy82]

we are not ignoring him tried to make a repayment plan with him which he just point blank refused. I have also heard under certain circumstances some people have been classified as vulnerable and had bailiff action stopped, does anyone know what criteria this would fall into???

[dx100uk]

two threads merged for history of advise

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

.

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' vulnerable person resides there.

[Richy82]

As i am unemployed does that mean I could claim vulnerability status?? if so how do I go about it???

[unclebulgaria67]

As i am unemployed does that mean I could claim vulnerability status?? if so how do I go about it???

 

Yes. Obviously £300 in bailiff fees could make you even more vulnerable to not paying for food, heating etc.

 

You should take all your financial info and evidence of being on benefits to the court, to request a means hearing. The court has to take into account vulnerable situations and cannot refuse to see you.

[Richy82]

thats just it im not on any unemployment benefit only get my wifes part time wages child tax credits and working tax credits, child benefit plus a little bit of disability living allowance (lower rate care component)

[unclebulgaria67]

thats just it im not on any unemployment benefit only get my wifes part time wages child tax credits and working tax credits, child benefit plus a little bit of disability living allowance (lower rate care component)

 

Still go down to the court with all the information to request a means hearing. Or deal with the bailiff and see how they want to deal with it.

 

Which is your preference ? If I were in your shoes, I think I would try the court first.

[dx100uk]

DLA should help you loads with the vulnerability.

[brassnecked]

A component of DLA usually is prima facie evidence to ground vulnerability, but sadly even a combination of high rate care and mobility will not persuade some bailiffs, who should know better.

[Richy82]

Hi everyone this has now taken another swerve thast even I didnt see coming after sending them a letter and email requesting information on breakdown of charges and crtification of baliff etyce tc. I this morning have recieved this letter.

 

" Thank you for your recent correspondence. Please be advised Mr. *********** is due for his hearing in relation to certification shortly. However there is no requirement for an enforcement agent to be certified by the court while enforcing a distress warrant of this nature."

 

Tjis is a distress warrent for a couert fine and he doesnt have to be a certified court bailiff????

 

Also the charges are as follows Fine £142, Compliance fee £85, Attendance to remove £215.00 No first or second visit charges???

 

Any idaas people??

[ploddertom]

Tjis is a distress warrent for a couert fine and he doesnt have to be a certified court bailiff????

 

Unfortunately for Court fines the Bailiff must obtain his Certificate within 6 months. I'm sure Tomtubby can give you more on this.

 

Also the charges are as follows Fine £142, Compliance fee £85, Attendance to remove £215.00 No first or second visit charges???

 

1st & 2nd Visit charges are for Council Tax.

 

Any idaas people??

 

PT

Edited November 10, 2013 by ploddertom
Colours changed

[Richy82]

could someone inbox him on my behalf please as im not allowed to inbox people yet as im fairly new here