help marstons baliff

[kimjay22]

hi

just looking for a bit of advice plzzz:???: (sorry very long post)

my partner has a court fine for not having a tv license (he honestly thought he had one ( i no you hear this all the time)).

he pleaded guilty by post and got fined ££240 (or there a bouts)

(been researching all day and head hurts)

he spoke to the courts fines officer and was told to send income & expenditure form which he did.

he then received a letter from the court regarding non payment so he called and made a payment of £42 as they had requested. the man on the phone took all his bank details and said it would continue to come out of his account till it was clear.

he thought no more of it and happily plodded along.]

he moved in with me a month ago and on the 30th April we received a knock on the door (hammering on the door) at 7.30am i ignored the door as wasn't expecting any one, he then posted a letter threw the door

it said it was a removal notice and had visited to make a payment arrangement. and £518 was now due.

Then on the 1st May we received another notice threw the door (no one was home) saying final notice and he would be back to remove goods either one evening this week one morning this week after 7pm today or this weekend. it also stated there will be no further warnings.

we called the company (marstons) direct and was told we had to call watford court as they wore the only people to reclaim the debt for a payment arrangement. so we called watford court who told us it was bedford court but also marstons had to hand the debt back.

so we called bedford who said they had no recollection of the calls my partner had made etc and to speak to the bailiff.

i call the baliff on my partners behalf and he said he would ask the court if they would except a payment plan, after speaking to the court i was told they shut at 4:30pm this was at 4;15. he said the court had addded a £320 admin fee. and he would call back

i then received a text message from the bailiff @ 4:30pm stating

important message fao Mr XXXXX

your case given that it has been outstanding since 5/4/13 is high priority i have been instructed to collect immediate and full payment off £518. there will be an enforcement team arrive with in 96hours to take control of goods for sale at public auction.my advice would be that you consider asking close family for assistance.

 

i then rang him and it went straight to voicemail, i said could he call me back and explain what the court had said. and also i had been advised by his company and the court that he can not gain access to my property as i am sole tenant and my partner is not currently registered as living here (the man from marstons on the phone said as long as i had my tenancy agreement this is fine)

 

today 8/5/14 at 7:16am i receive a text from the bailiff saying

important and urgent message for Mr xxxxxxx from Mr xxxx

full payment of £518 is to be made before 12:00 fri 9th may 2014. to make payment call blah blah quoting ref no xxxxxxxxxxxxxxxx you will receive a 6 digit authorization code text or caall me with this code immediately to cease full enforcement action at (my address) this weekend.

 

i replied

mr xxxx

you have been told you are not authorized to attend my property if you do attend i will call the police this is not mr xxxxxx (my partners)contact number you are texting the wrong person. Mr xxxxxxx has said to tell you he does not wish to deal with marstons.

just to recap do not attend my property it has nothing to do with Mr xxxxxx. many thanks the sole tenant.

 

he then replied

please understand there exists the power under schedule 4A magistrates court act 1980 (inserted by schedule 4 of the domestic violence crime and victims act 2004) to enable entry into the property BY FORCE using locksmiths where required to execute a magistrates warrant against Mr xxxxx at the address xxxxxxx. call the police non emergency no 101 to confirm what i am telling you is lawfully correct.

 

So please can someone help us on what we can do?

the court has said its not an admin charge its the enforcement charges. we are more than willing to pay in installments just we cannot do it in full.

 

any help and advice gratefully received

 

kind regards

Kim & Jay

[unclebulgaria67]

Why is there no record on bank statements of making payments to the court ? Surely if payments were maintained with no missed or late payments, the court should still be collecting those payments. If payments were not maintained, unless he falls into a vulnerable category, your partner will have to deal with the bailiff. They do have powers to force entry to where he is living for an outstanding court fine. For yourself, you can swear a statutory declaration at your nearest Magistrates that you are the sole resident at x address and there is no property at the address belonging to Mr X. Then send this to the bailff with a copy of then tenancy. It is then up to the bailiff to trace your partner if he has not been in contact with them.

[kimjay22]

Why is there no record on bank statements of making payments to the court ? Surely if payments were maintained with no missed or late payments, the court should still be collecting those payments. If payments were not maintained, unless he falls into a vulnerable category, your partner will have to deal with the bailiff. They do have powers to force entry to where he is living for an outstanding court fine. For yourself, you can swear a statutory declaration at your nearest Magistrates that you are the sole resident at x address and there is no property at the address belonging to Mr X. Then send this to the bailff with a copy of then tenancy. It is then up to the bailiff to trace your partner if he has not been in contact with them.

 

Thanks for the reply

He didn't pay attention to his bank statements his nan had just died and grandad rushed to hospital.

My tenancy is a legal contract so I shouldn't have to take it to a court!! Any helpful replies welcomed

[unclebulgaria67]

Thanks for the reply

He didn't pay attention to his bank statements his nan had just died and grandad rushed to hospital.

My tenancy is a legal contract so I shouldn't have to take it to a court!! Any helpful replies welcomed

 

The tenancy would back up your declaration of being the sole tenant at the address.

 

Obviously there is more to the story and that your partner did stop payments, so would have had letters warning him that bailiffs would be instructed.

 

Your partner is obviously aware that if he refuses to pay what is due, the ultimate sanction is prison.

[kimjay22]

The tenancy would back up your declaration of being the sole tenant at the address.

 

Obviously there is more to the story and that your partner did stop payments, so would have had letters warning him that bailiffs would be instructed.

 

Your partner is obviously aware that if he refuses to pay what is due, the ultimate sanction is prison.

 

Thanks but you really are not helping!! I need advice not being judged!! He honestly thought it had been paid we looked back threw his bank statements after I spoke to the court and realised it hadn't been paid!!

We are no dodging it by any means at all we except he is liable to pay and want to pay just can't afford to pay in a lump sum!! You may have £518 laying around but we don't!! We are raising 3 kids I only work part time and my partners salary really ain't that great we have other bills to pay but would leave our selves short to pay them something each month!!

I came here for help not to be judge!! I've added as much othe the situation as possible!! Thanks for the help but it's not at all helpful!! Don't you think I'm worried enough without your response thanks!!!

[kimjay22]

Thanks but you really are not helping!! I need advice not being judged!! He honestly thought it had been paid we looked back threw his bank statements after I spoke to the court and realised it hadn't been paid!!

We are no dodging it by any means at all we except he is liable to pay and want to pay just can't afford to pay in a lump sum!! You may have £518 laying around but we don't!! We are raising 3 kids I only work part time and my partners salary really ain't that great we have other bills to pay but would leave our selves short to pay them something each month!!

I came here for help not to be judge!! I've added as much othe the situation as possible!! Thanks for the help but it's not at all helpful!! Don't you think I'm worried enough without your response thanks!!!

 

Oh and no he hadn't had any letters!! The court say they have sent them but have no recollection of anything on file!! The bailiff has 3 pages of the letter!!

[unclebulgaria67]

Oh and no he hadn't had any letters!! The court say they have sent them but have no recollection of anything on file!! The bailiff has 3 pages of the letter!!

 

Not judging, but just being short and to the point. Because Magistrates have already agreed payments, they won't be very helpful in looking at any application your partner makes to come to another payment arrangement. He could ask the court for a means hearing, where he can explain the circumstances. But I suspect they could say they he needs to cooperate with the bailiffs, let them levy on goods that he owns and come to an arrangement with them. The trouble is that the bailiffs will then add extra fees.

 

The point I was trying to make is that in this situation where you are dealing with a court bailiff for a fine, it is probably best to not attempt to ignore the situation, which I am sure you and partner are not. Get your partner to beg the court for another hearing to start making payment again and if not successful deal with the bailiff as best as you can.

[ploddertom]

You say he hasn't had any letters. Any communication would be sent to the address where he was originally fined, if he has subsequently moved and not notified the Court this will be why. The Court expects that any one who owes a fine notifies them if they move, they will not be sympathetic otherwise. Again it would also have been his responsibility to check to make sure payments were made, however if there were important events that cropped up he should have notified them of this if it affected payments being made. It would appear that he had already acted on a Further Steps Notice as he brought his account up to date as requested, unfortunately this is not repeated again.

 

Going back to the original fine - did he submit a means enquiry then as to his capability to pay a fine. Have his circumstances changed since - particularly if it has nosedived.

[tomtubby]

Kim,

 

Having now read your posts twice I was also on the same belief as Unclebulgaria that your partner had been making payments of £42 each month. How many payments has he actually made?

 

There is a further query and this concerns the original fine. You say that your partner was unaware of the TV Licence matter as he believed that he had a TV licence. A summons for a TV licence would only be possible if your partner either allowed a TV Licence Enquiry Agent into the property or he answered questions when a visit was made. If he did not meet or speak with such an officer the he should NOT have pleaded guilty.

 

Have you shown a copy of your tenancy agreement to Marston Group?

[mikeymack2002]

kimjay22

 

 

You are NOT being judged, you are not the debtor, you need to go to your local Court with your tenancy agreement if it was signed by just you PLUS a copy of your CT demand for this year this you can present to the enquiries desk and they will then make further enquiries' as to see if your partner pays CTAX there.

 

What is very confusing is you keep saying "we" can you please answer a few basic questions please

 

 

does you partner live with you? You have already stated that he does

 

 

does your partner have property there? This may allow the EA to take control of those goods

 

 

On this years Ctax demand is your partner registered for these purposes

 

 

Does your partner get his mail at your address?

 

 

Is anyone on benefits

 

 

The reason behind these questions will allow better advice on this matter ok nothing more

 

 

MM

[mikeymack2002]

You are seeking advice from another forum, so you may have a conflict of interests and different advice.

 

Now having read both threads was the case from a previous address or the one you are living at now?

 

If it is the address you are currently living at then the case against your partner is flawed. As you have stated he moved in a month ago.

 

If at a previous address can you confirm this please. As this will again reflect on the advice you may be given

 

It maybe that the EA has the previous address on the warrant, have you seen this warrant yet?

 

Also in both forums you have not stated if your partner received the FURTHER STEPS NOTICE you should find this out

 

So can you please give more details?

[unclebulgaria67]

Yes the advice elsewhere is to try to pay directly to the court, but the court has apparenly told them that they would pass the money on to the bailiff, so they would still need to deal with the bailiff.

 

If the partner has moved in, then the bailiff would be entitled to visit any property it is believed he is living at. But I would have thought the address on any warrant would need to be corrected, before any forced entry using locksmiths.

 

I think the advice is still the same. The partner needs to try ro resolve with Magistrates if they let him, but if not he will have to deal with the bailiffs. The bailiff is going to be very reluctant to force entry, but it would not prevent them attending the property again. More hassle and stress. As I said before, if the court cannot recover the remaining fine money, it will be back to Magistrates to consider further penalty.

 

Very difficult position to be in. If I were in this situation I would try Magistrates again with the help of Citizens Advice if they could assist. If that failed, I would write to the bailiff company explaining the situation, giving brief details of income/expenses and making an affordable payment. If there are no goods that the partner owns of a significant value, the bailiff is going to have to accept small payments over a period of time or refer back to Magistrates, so they can look at ability to pay again.