Marston bailiff help needed ASAP

[L11Marc26]

Had a letter from the Magistrate Court telling me I owe £370 which was sent to me around November time. Did not have a clue what it was for so tried to call the number provided for 7 days straight and not once did I get through to anyone to query the letter. Left it that thinking maybe I'll receive more information soon.

 

Then recieve a letter dated 2nd January 2014 from Marston High Court Enforcement Officers & Certificated Bailiffs which now said I owe £455 (370 fine + 85 fees) and this letter did give me the information that I could not get from the court. It was a ''speeding - exceed 30 mph on a restricted road on 04/02/2010''. If I would of ever been reminded I would of paid the original £60 or £90 whatever it was to save all this hassle.

 

It told me I had 7 days to pay or bailiffs will attend to levy distress and remove goods for a public auction sale with a minimum further cost of £215. Did not get to this letter as I had been away working.

 

I then get a phone call on my lunch break at work from a Marston Bailiff on Friday just gone. He introduced himself and told me he was outside my house (which is my mum's house & she is the only 1 listed on the tenancy agreement). He basically said I had to pay which I replied I cant afford to and I would be willing to pay in installments. The best he could offer me was 1 week to pay half which has now turned into £670 so £335 next week & £335 the following week which I can not afford. He said or the only other option is to get a locksmith out, enter the house and take goods up to the £670 ''owed''. I did mention to him that the only possesions I have at the house are basic needs, clothes, bed, wardrobe etc... no ''luxury goods'' but my mum does have luxury items which she has worked hard for ie. Big tv, stereo system etc... He then replied ''the courts dont care as long as they get their money back''

 

 

When I got home there was a big red hand posted letter ''FINAL NOTICE'' telling me I had literally this last chance or more costs will be added. He was ok over the phone but he was pretty stern in telling me its either this or locksmiths.

 

My problems and concerns are can he enter the house with a locksmith even when nobody is in?

If they do gain entry can they take my mums goods even though I have told them their not mine?

Can they take my bed, clothes and other basic needs?

 

Really stressed out over this as I cannot afford just to pay out £670. Is there any chance I could go to the courts with all my documents and kind of get the fine reduced or put back to its original cost. Really dont know what to do about this and I fear they'll enter the house and I'll come home from work and all my mothers items have been taken.

 

Thanks in advance

Edited January 19, 2014 by L11Marc26

[i hate bailiffs]

As it is a court fine there is entry by force ....

 

They can not take goods not belonging to the debtor

You will need to get down to the court first thing tomorrow

Statue declaration will be the best way forwards

[mikeymack2002]

Partial quote "Marston bailiff help needed ASAP

Had a letter from the Magistrate Court telling me I owe £370 which was sent to me around November time. Did not have a clue what it was for so tried to call the number provided for 7 days straight and not once did I get through to anyone to query the letter. Left it that thinking maybe I'll receive more information soon."

As if as you say you knew nothing of the debt then you MUST get a STATUTORY DECLARATION sworn asap this will reset the clock and bailiff enforcement ceases, you have a new case then it starts all over again. If you are lucky and they accept it then they will inform you of a new court date. YOU MUST ATTEND, and make sure you fill out the financial means form then hand it in to the Clerk of the Court for assessment to pay at a certain level.

 

Did the letter state what the offence was alleged? Can you state as different rules apply for different Courts ok.

 

 

MM

[L11Marc]

The court letter did not state anything about the offence. Simply that it was a £370 fine

 

Gave a number to call but constantly left me on hold daily for a long time

 

Ive never been in this sort of situation before so can I just turn up at Merseyside Magistrates and sort this form out you say an then they will be in touch with the bailiffs to halt any action?

 

thanks

[mikeymack2002]

Ok it looks like a case was dealt with in your absence and you got a fine, again pop to your local court explain this and ask to make a Statutory Declaration, but you can only do this if you knew nothing of the case on the day it was heard.

 

 

It's very easy to do, the Clerk of the Court reads this out and you repeat it after them, the case is then ceased and a new date maybe set, but I should go to the court and not call as it's harder to turn you away... Once the case has been "set aside" then all Bailiff activity ceases.

 

 

But if you are given this option then don't mess it up as you will then be in deep trouble. Did you receive a further steps notice after not paying your fine? or have you moved? did you surrender your license for the placing of penalty points on it? Is your license up to date, like the current address is correct?

 

 

Can you say more about the day of the hearing? or did you just forget it and bury your head in the sand? I am trying not to be too blunt but need to understand the full reason behind non payment that's all ok?

 

 

MM

[L11Marc]

Ive been given the advice to take my mum to a solicitors to make a Statutory Declaration stating all items in the house are her property (this is true) even stuff in my room she has bought in her name I barely have any valuables worth taken to be sold for auction. Just dont want her things being taken as I will have to replace them for her in the long run

 

Yeah I received a further steps notice which gave options like Making an attachment of earnings order, application for benefit deductions etc. But I opted to phone them to ask what the hell the fine was for as I had no idea and that's were I had no joy and the date passed

 

I must of surrended my license but I can't really remember if any points were given for this offence, Id have to call the DVLA on that one to make sure they were. Yeah license is up to date in my current address

 

I cannot remember a thing about the day of the hearing. I cant even remember being given a date to go to court. I couldnt tell you wether it was 2010, 2011 or anything about it. Yeah I understand your questions and why your asking them. Thanks for the help

[mikeymack2002]

I must of surrended my license but I can't really remember if any points were given for this offence, Id have to call the DVLA on that one to make sure they were. Yeah license is up to date in my current address

 

 

So have you got back your license? with the relevant points issued? Cause somewhere in my mind there is something that you only have 21 days or something like that to deal with this type of issue. Once you are aware of it.

 

 

Secondly good advise with regards to the property within the home. Send a copy off the Bailiffs office, are you working or on benefits?

 

 

MM

[L11Marc]

Ive got my license back but it does not state anything to do with that incident on the paper part. Although I was given a 6 month ban on 19th Jan 2011 for totting up 12 points so thats maybe why its not listed and just the ban is.

 

Im in full time work 40 hours per week. I'll have to get the that done asap as I think their going to come back round any day this week without notice

[mikeymack2002]

You are caught between a rock and a hard place my best advice is to go to court Monday and deal with that first, then straight to the Solicitors, but if the Court takes your declaration then and there the Bailiff is dealt with as well. Let us know what happens either way. Also read up on the stickies here http://www.consumeractiongroup.co.uk/forum/showthread.php?407528-HMCS-Forced-Entry-Protocol-for-use-by-bailiffs-enforcing-Magistrates-Court-FINES(1-Viewing)-nbsp courtesy of tomtubby.

 

 

MM

[tomtubby]

Marc

 

I am sorry to tell you but you COULD have problems.

 

Firstly, almost all Magistrates Courts insist that Statutory Declarations are made IN PERSON and therefore the normal situation is that they make an appointment for a certain date ( usually about 7-10 days time) for the debtor to attend to swear the Stat Dec.

 

Sadly there are some internet sites that claim that if a debtor had not known of a court fine that the warrant is REVOKED by filing something called a Section 14 Stat Dec. This is actually NOT true. In the past month we have had quite a few cases where the court have REFUSED to allow the Statutory Declaration to be filed given that the debtor failed to contact the court within the strict time as outlined in the Further Steps Notice !!!

 

A Statutory Declaration must be filed "within 21 days of becoming aware of the offence". In your case, the court could well argue that you had known of the speeding conviction long ago as you had returned your licence to DVLA to be endorsed.

 

When the speeding offence took place, were you living at the same address as you are now ( if not, this could assist you in arguing that you had been aware of the matter).

[mikeymack2002]

Marc

 

I am sorry to tell you but you COULD have problems.

 

Firstly, almost all Magistrates Courts insist that Statutory Declarations are made IN PERSON and therefore the normal situation is that they make an appointment for a certain date ( usually about 7-10 days time) for the debtor to attend to swear the Stat Dec.

 

Sadly there are some internet sites that claim that if a debtor had not known of a court fine that the warrant is REVOKED by filing something called a Section 14 Stat Dec. This is actually NOT true. In the past month we have had quite a few cases where the court have REFUSED to allow the Statutory Declaration to be filed given that the debtor failed to contact the court within the strict time as outlined in the Further Steps Notice !!!

 

A Statutory Declaration must be filed "within 21 days of becoming aware of the offence". In your case, the court could well argue that you had known of the speeding conviction long ago as you had returned your licence to DVLA to be endorsed.

 

When the speeding offence took place, were you living at the same address as you are now ( if not, this could assist you in arguing that you had been aware of the matter).

 

 

Please read the second to last sentence, this is why we ask if you knew of the offence at the time, this may well not now assist you because you surrendered your license for endorsing....

 

 

Also you will have received I think the Further Steps letter from the Courts also. having the full story goes better for you with advise from the Forums, this way it will NOT make advise given incorrect. Hence this again is why we ask in-depth questions on all questions in these forums,

 

 

Since this is now out with the Bailiff for enforcement action it will be much harder for you not to pay the fine, fees and if you still put off paying, a committal warrant could be issued. As you say you "personally " do not have any items of value or the means to pay this, so this MAY get very messy very quickly. Sorry to have to say this but this is what happens if the defendant does not comply with a Court order to pay. Also please be very careful in what advise you take from "other " forums in regards to the fees now levied. Don't place a notice of revoked implied right to attend your property, as a Bailiff has these rights, see here, for further info. http://www.consumeractiongroup.co.uk/forum/showthread.php?392005-Removal-of-Implied-Right-of-Access-notices.....CIVEA-advises-bailiff-companies-to-IGNORE-the-notices(2-Viewing)-nbsp again courtesy of tomtubby

 

 

MM

[L11Marc]

When the speeding offence took place, were you living at the same address as you are now ( if not, this could assist you in arguing that you had been aware of the matter).

 

 

Yeah same address as when the offence took place

 

Im going to call the DVLA after work to make sure the points were added

[brassnecked]

Yeah same address as when the offence took place

 

Im going to call the DVLA after work to make sure the points were added

 

Have they returned your License?

[L11Marc]

Yeah

 

I have since had a 6 month ban for totting up which is the only thing showing on my paper part so thats why I need to call the DVLA to get more info

[L11Marc]

Is it worth contacting the bailiff on his mobile or the main office to let them know about this Stat Decleration or?