Marston bailiff- unpaid dart charges

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Butterfly9116
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#1 Marston bailiff- unpaid dart charges

Post by Butterfly9116 » 24 Oct 2016 09:15

Hiya,

I would like to get some advice regarding the lovely bailiffs who work for marstons. This morning at 6.40am a knock came at the door, I knew it would be for me so my partner opened the door and gave the 'man' a earful and slammed the door. This did not deter marstons to continue knocking for another 10mins, sitting in his van and coming back and knocking some more. He knows young children are present. I told my partner who was getting more and more annoyed to just ignore it, as by him going to the bait that will no doubt give marstons a reason to call for some 'assistance' from the police and gaining access that way. They posted anither final notice through the door and will be back this week.
So the reason they are coming is for unpaid dart charges totalling just over £1000, no excuse, it should've been paid for the sake of £2.50 and I wouldn't be in this position, nevertheless, I am. The car it was to do with I no longer own.
The questions I have too ask:
1. Can I continue too ignore them? have never let a bailiff in and don't intend too now. I can bare with a bit of knocking, I'm up anyways. I'm
sure I know the answer to this but just to clarify can they eventually break entry by calling the police if I continue to ignore?
2. There is no way I can afford this debt, I'm
on a low income, this probably doesn't make a difference but is there anything I can do?
3. Thirdly my front door is positioned under my bedroom window, if I accidentally dropped some water while he was knocking could I get into trouble? ;)
Thanks in advance, I'm not looking for judgement, I know the stupid error of my ways

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Schedule 12
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#2 Re: Marston bailiff- unpaid dart charges

Post by Schedule 12 » 24 Oct 2016 10:06

Butterfly9116 wrote: 1. Can I continue too ignore them? have never let a bailiff in and don't intend too now. I can bare with a bit of knocking, I'm up anyways. I'm
sure I know the answer to this but just to clarify can they eventually break entry by calling the police if I continue to ignore?
This will all depend on the individual bailiff. How much persistence and work is he prepared to go to with your case.

Some give up and move on, others threaten you with police and arrest etc.

The bottom line is when there is no car outside, the knocking can go on for up to 12 months -potentially. That is the limit of the Notice of Enforcement (assuming you were given one).

Butterfly9116 wrote:


2. There is no way I can afford this debt, I'm
on a low income, this probably doesn't make a difference but is there anything I can do?

Bailiffs won't let you pay in installments. They just want Payment in Full ("PIF" as they call it). No use trying to negotiate with a bailiff.

Butterfly9116 wrote:
3. Thirdly my front door is positioned under my bedroom window, if I accidentally dropped some water while he was knocking could I get into trouble? ;)

A bailiff had a bucket of water thrown over him in the presence of police, but no arrest was made. That incident was captured on video and its still doing the rounds somewhere

If you do decide to use a bucket of water, then make a video and put it on YouTube. The income from that could pay your PCN.
Butterfly9116 wrote: Thanks in advance, I'm not looking for judgement, I know the stupid error of my ways
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#3 Re: Marston bailiff- unpaid dart charges

Post by Butterfly9116 » 24 Oct 2016 11:22

So after a year they can't come back? Doesn't overly bother me if he feels the need to keep knocking. I won't be opening the door or discussing anything with him. The bailiff keeps posting the same 'final notice one page 2 sided letters through the door. He did say this morning that he had a warrant but the door was slammed in face :twisted: . He has more hope of hell freezing over than me being able to make that payment in full and even the assets in my house wouldn't cover it.
So what would be the best cours of action for me to follow would you say?
Should I continue to ignore or would calling a debt charity who would maybe speak on my behalf help? As I've mentioned the car has long gone and the one that's here now is on hire purchase.

Butterfly9116
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#4 Re: Marston bailiff- unpaid dart charges

Post by Butterfly9116 » 24 Oct 2016 13:19

The car the fines are issued to has since been returned to the company it came from. Unfortunately the car was deemed unroadworthy and the contract was ended, that's a whole different story lol. I do have a car parked outside, however it is on hire purchase so I know they cannot touch this.
Just more annoyed at the persistent banging at the door even when asked too leave. I don't suppose anyone knows whether bailiffs are allowed to turn up every day? Or would that be considered harrasment? The best outcome I can hope for I suppose is for the warrant to be returned then.
Thanks for all the advice and input.

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#5 Re: Marston bailiff- unpaid dart charges

Post by Pote Snitkin » 24 Oct 2016 13:20

The seizing of HP cars is up in the air at the mo. How long does the contract have to run, and did you pay a large deposit?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#6 Re: Marston bailiff- unpaid dart charges

Post by Schedule 12 » 24 Oct 2016 13:28

There are proceedings in motion about HP cars and Schedule 12 enforcement, if yours becomes involved, then we can apply to stay the execution of your goods until the court has decided the outcome.
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#7 Re: Marston bailiff- unpaid dart charges

Post by Butterfly9116 » 24 Oct 2016 14:13

The new car is recent, Hp has another four years left. It would be interesting to see them try to take that as the car company are probably just as ruthless, they also have a tracker on the car and as money hungry as the bailiffs. Not bothered though as need a car so we benefit each other :-D. So in regards to marstons just ignore them and hope they eventually get bored? The temptation to throw boiling water over them next time they knock.. I wouldn't as this would be assault but oh so tempting!

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#8 Re: Marston bailiff- unpaid dart charges

Post by Pote Snitkin » 24 Oct 2016 14:26

Good - it won't be in their interests to try to take the car. As before, sit it out seems to be the best option, but I would contact DC about paying direct, plus to query the fees. Do you have anything on paper as to what these fees are?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#9 Re: Marston bailiff- unpaid dart charges

Post by Butterfly9116 » 24 Oct 2016 14:59

I have just tried to post something similar to what I'm about to write so apologies if it appears again.
I have just opened a letter from marstons dated 16/10/16 with a different reference number to the one that was on the letter posted this morning. It is only asking for £190 whereas today the one that the bailiff posted today was asking for just over £1500. Surely the debt with marstons should be rolled into one- hence the lump sum. Instead of sending out single letters with a much smaller amount being asked for, with the date only being last week. Dosent make any sense and seems a bit dodgy?

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#10 Re: Marston bailiff- unpaid dart charges

Post by Pote Snitkin » 24 Oct 2016 15:10

He probably believes the 7 day notice ended today. He's wrong. The NOE must give 7 clear days notice, not including sundays. The 7 clear days begin from when it would expected to be delivered. Case law would calculate that a letter with that date would be deemed delivered by 20th 1st class and 21st second class. The fact it obly arrived today could be worked upon.

The seven clear days would begin the next day (except sunday), so seven clear days from expected delivery would be 28th or 29th October, depending whether it was posted 1st or 2nd. This would be the earliest date the bailiff could attend, so he hasn't been compliant.

Contact both Marston's and DC with this info.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#11 Re: Marston bailiff- unpaid dart charges

Post by Butterfly9116 » 24 Oct 2016 15:33

Pote I wouldn't rather not contact them at all, that gives marstons something to 'work' with. At the moment I'm going to carry on ignoring them as that must be more frustrating for them, bothered much :-D.
Stopbailiff when the dart charges came through I buried my head in the sand, very stupid, i know.
Marstons first came in the summer wanting to repossess the car that the dart charges were related too. They blocked my car in and I completely mistook them for the finance company that the car was with- as they were due to come too take car. Long story. Anyways the 2 'men' looked shocked when I started emptying the car, having a normal conversation. They handed me a letter and said we will give you a week to pay, still thought it was finance company until opened the usual red notice they give! Boy did I feel foolish. Anyways they didn't come for a while and have just stared again. There is no way I would be able to afford to pay THEM and in all honesty even if I could I don't think I would want too. The amount is extortionate for something that should be £2.50.. again I put my hands up and know it's my own fault.

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#12 Re: Marston bailiff- unpaid dart charges

Post by Butterfly9116 » 24 Oct 2016 15:35

Not looking to plead poverty just wanted my rights clarified in terms of whether they can breach entry. I can't see dart charge accepting a payment plan, although would feel much better if the money went direct to them.

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#13 Re: Marston bailiff- unpaid dart charges

Post by Amy » 24 Oct 2016 15:39

Butterfly9116 wrote:Not looking to plead poverty just wanted my rights clarified in terms of whether they can breach entry. I can't see dart charge accepting a payment plan, although would feel much better if the money went direct to them.
I know. I wasn't talking about you. I was just referring to the appalling advice given by stopbailiff.

x

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#14 Re: Marston bailiff- unpaid dart charges

Post by Pote Snitkin » 24 Oct 2016 15:39

It is extortionate, especially as the Dartford Bridge was paid for years ago. If you want to wait that's up to you, but I would still be inclined to write to DC at least to let them know that you refuse to deal with the bailiff, will refuse him entry and there is nothing of value outside he can touch and ask them to withdraw the warrant.

Going back a bit, did you get all the proper notices from DC? Were there any reasons for not paying the DC at the time?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#15 Re: Marston bailiff- unpaid dart charges

Post by Schedule 12 » 24 Oct 2016 15:41

They cannot break entry to recover a PCN or a dart charge.

They will look for a car outside before knocking the door. No car then they know they only chances are getting inside with the foot in the door maneuver. That is actually illegal under Schedule 12. Here is more. http://www.dealingwithbailiffs.co.uk/Ba ... oeuver.htm so the chain stays on the door.
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#16 Re: Marston bailiff- unpaid dart charges

Post by Butterfly9116 » 24 Oct 2016 15:48

At the time when I was using the dart charge it was too visit family in Essex, I'm the only one on the other side of the bridge. Had a close family member in hospital, among other things going on at the time. Last thing on my mind was going on phone and putting card details ect to pay charge. Not a sob story just stating facts.
I think I will try too get in touch with dart charge and see if they would be willing to accept something.. anything? If the bailiff even attempted to stick his foot in my door there would certainly be a recreation of the famous scene from the film 300- 'this is sparta' haha. All jokes aside, thanks everyone for your help.

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