Marston bailiff threatening prison HELP

[charlie789]

This relating to a court fine I received 3 year ago for a train fine, something I actually completely forgot about until marstons got involved any help would be very appreciated.

 

25.2.14 Removal notice stating

Client HMCTS

 

I attended your address today at 15.53 to arrange payment under the terms of a warrant issued on behalf of the above client. Despite pervious notices this matter has not been settled, which means the costs are increasing and I therefore urge you to contact me on the telephone number below immediately

 

I spoke to her on the 25.2.14 stating that I had lost my job through no fault of my own a few weeks ago and only just started claiming JSA(not proud, worked since 13) but it was my 21st coming up and would be able to pay the £701.95 with my birthday money. Unfortunately 5 days before my 21st my cousin past away so as you can imagine I didn’t have a birthday and through no fault of their own most of the family forgot, so I was unable to pay the fine.

 

On the 21.3.14 I received a marston card through the door saying the usual. I have a distress warrant issued against you by magistrates court, I will be re-attending your premises with a locksmith if necessary. I phoned the bailiff explained what had happened over my birthday and said I would be in contact in the next few days.

 

On the 28.4.14 I received a text from the bailiff saying “as you have failed to make payment on your court warrant we will now be authorizing an arrest warrant with court, you have had more than enough time to sort this out of witch you have failed.

 

I replied “I could still not make the payment, I am still claiming jsa as haven’t found a job but do have a job lined up looking to start 27.5.14. I can make regular payments but since the start I have just been told it’s not good enough

She replied “I am afraid it would have to be paid in full as I cannot hold off action any longer otherwise you could be looking at going to prison”

 

I replied “surely it can’t lead to prison, as I am agreeing to pay it back but I just need to pay it in installments till I start working again”

 

This was the last message , I have not received anything back and as you can imagine im starting to panic a little bit. I know I should of done something about this back in march but it is a very scary process and sometimes it is easier to put to back of your mind.

 

PLEASE PLEASE HELP!!

[renegadeimp]

Hold up. The bailiff sent a random text to you saying that? Surely it should be in an official format. Not a silly threat.

 

The problem you have is that you left it for so long, and you are falling for the bailiffs tricks. Sit tight and help will come asap.

[BankFodder]

Have you got a case reference number for this please - or could you let me have your contact details.

 

All by email, please - to our admin address. We may be able to help.

 

Ta

[charlie789]

I have tried to private message you but it comes back saying error you inbox is full. how shall i go about sending you my contact details?

 

thank you so much for getting back to me.

[renegadeimp]

Hover your mouse over the word admin and send all the info to that email.

[BankFodder]

I have tried to private message you but it comes back saying error you inbox is full. how shall i go about sending you my contact details?

 

thank you so much for getting back to me.

 

Thanks. I've responded - check your spam folder if you don't see anything

[tomtubby]

I have to say that I am shocked that an enforcement agent has stated the above. Most times it is difficult to make a complaint given that in almost all cases a threat such as this is made over the phone or at the debtors premises. In your case you have a text message which is overwhelming evidence.

[lamma]

as you have failed to make payment on your court warrant we will now be authorizing an arrest warrant with court, you have had more than enough time to sort this out of witch you have failed.

Is that the exact verbatim text they sent ?

[brassnecked]

Is that the exact verbatim text they sent ?

If it is, archive and save it, as the bailiff has overstepped the mark.

[tomtubby]

An important point that I would like to make and one that is relevant ot ALL enforcement agencies is that each company should insist as part of their training that their individual enforcement agents should be made to read the Taking Control of Goods :National Standards 2014

 

The National Standards are intended for use by all enforcement agents and the enforcement agencies that employ them.

 

In this particular case, the individual agent would appear to have failed to abide by Item 20 which states as follows:

 

"Enforcement agents must not be deceitful by misrepresenting their powers, qualifications, capacities, experience or abilities, including, but not restricted to;

 

Falsely implying or stating that action can or will be taken when legally it cannot be taken by that agent

 

or:

 

Falsely implying or stating that a particular course of action will ensue.

 

http://www.justice.gov.uk/downloads/courts/enforcement-officers/taking-control-of-goods-national-standards.pdf

[citizenB]

new thread link for johnysnipper..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?453317-Re-Marston-bailiff-threatening-prison-HELP

[caledfwlch]

Ignore, didn't realise this was an old thread