Help with marstons distress warrant for unpaid TV LIcence Fine

[dx100uk]

inbox who?

 

everyone that's posted in this thread gets an auto alert

when a new post is made no need for a PM.

 

dx

[Richy82]

Chhers mate just really unsure where we stand now we the bailiff and charges now knowing his not certified

[Richy82]

So can anyone please confirm where i stand with a non certified bailiff trying to collect magistrates fine???

[unclebulgaria67]

So can anyone please confirm where i stand with a non certified bailiff trying to collect magistrates fine???

 

Contact the courts enforcement manager and report that the bailiff dealing has confirmed they were not certified, which you understand is a legal requirement. See what they say.

[ploddertom]

So can anyone please confirm where i stand with a non certified bailiff trying to collect magistrates fine???

 

Contact the courts enforcement manager and report that the bailiff dealing has confirmed they were not certified, which you understand is a legal requirement. See what they say.

 

See Post 24

[Richy82]

Its is defo a legal requirement???

also found this Part 52.8(5) of the Criminal Procedure Rules 2013 says the Warrant

no longer has effect if payment of the the sum is offered but is refused.

 

Under (ii) it mentions Any extra sum payable in connection with its execution.

 

Currently the law does not prescribe any extra sums,

so unless a court order has been made requiring you to pay an extra sum, no further sum is due.

 

The law only provides for extra sums to be paid are "costs" for which are deduced

from the proceeds of sale of distrained goods under Part 52.9 of these rules.

 

as we offered to pay the actual fine and not fees and this was refused!!

[Richy82]

Mornng everyone

 

spoke to the courts enforcement manager this morning,

 

the woman I spoke to has stated that although it is a legal requirement for a bailiff to have a live

and current certificate she stated i need to contact the bailiff company itself.

[Richy82]

right then guys spoke again with the courts this afternoon been told the following:

 

- A bailiff only needs to be certified if he is actually removing goods from your home, however doesn't just to knock on your do etc etc

 

- Even if I pay the distress warrant of £142 to the court. The warrant will stay active to reclaim there fees although these are over 200% of the warrant

 

- Vulnerability status only applies to he named person not the household.

[brassnecked]

" Vulnerability status only applies to he named person not the household."

 

I think they are wrong there

[dx100uk]

def wrong see post 16

 

dx

[brassnecked]

Most definitely DX as from the National Standards from your post #16:

 

"This applies to the whole HOUSEHOLD when 'a' vulnerable person resides there."

[Satterthwaite]

A Bailiff does not need a licence to knock on someones door.

 

Is that correct? If he has not got a licence he is not a bailiff just another member of the public is he not?

[MandM]

A Bailiff does not need a licence to knock on someones door.

 

Is that correct? If he has not got a licence he is not a bailiff just another member of the public is he not?

 

Correct. NOBODY needs a licence to knock on someones door.

[%Ostrich%]

Its is defo a legal requirement???

also found this Part 52.8(5) of the Criminal Procedure Rules 2013 says the Warrant

no longer has effect if payment of the the sum is offered but is refused.

 

Under (ii) it mentions Any extra sum payable in connection with its execution.

 

Currently the law does not prescribe any extra sums,

so unless a court order has been made requiring you to pay an extra sum, no further sum is due.

 

The law only provides for extra sums to be paid are "costs" for which are deduced

from the proceeds of sale of distrained goods under Part 52.9 of these rules.

 

This has been cut and pasted from an alleged bailiff help site.

I would ignore anything you see from that site.

 

The author is alleged to offer his services (for a fee) in exchange for preparing letters in an attempt to extort money from the Ministry of Justice, the Police and bailiff companies for damages.

 

 

 

You mentioned goods belonging to Brighthouse?

Usually folk who have goods from Brighthouse have more than one or two items and they're usually the big ticket items such as

suites,

televisions,

gamestations etc.

 

If this applies to you and you have little goods of tangible value over and above these Brighthouse goods,

what exactly have you got to lose?

 

The bailiff is only interested in payment in full and will be relying on you to contact a friend or family member for help.

If this is not an option and you have no goods of value to remove,

call the bailiff's bluff.

 

Offer to show him around the property and provide the documentation for your big ticket Brighthouse items.

Regardless of what he implies, he knows he won't remove Brighthouse goods if you have the paperwork to back it up.

 

On a similar note, he probably already knows he's on a hiding to nothing as soon as you mentioned Brighthouse goods in the first place!

 

Call his bluff, wait for the excuses about why he can't come around personally to inspect your goods.

 

I guarantee he will code your warrant off as "no goods to remove" and send it back to the office.

 

You'll probably receive one more threatening letter (in the post) from Marston's claiming they will take your goods

which is their last ditch attempt in obtaining payment in full.

 

You might even get a last ditch phone call from their call centre offering you a final payment arrangement on the drip.

 

Whether your wife takes this payment arrangement is up to you.

 

If she doesn't, the warrant will end up going back to the court eventually and if you keep in constant contact with the court,

can probably arrange payment with them direct before a bail warrant is issued.

[wonkeydonkey]

It is vital you do as %Ostrich% suggests and stay in constant contact with the court, that way you cannot be seen as 'refusing to pay' and will be able to reach an affordable repayment plan.

[hhh_88873]

Good grief its ludicrous some of the things you read on here.

 

As for the certification It is perfectly legal within the first 6 months to pursue magistrates fine pre certification at the court.

 

I think you'll find that the only hurdle to that is council tax which must be certified from the off.