can my partner be classed as a vunerable person

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
Post Reply
wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#1 can my partner be classed as a vunerable person

Post by wooferspoofer » 02 Jan 2017 03:55

i wonder if any one could help i have a court fine for tv licence i was late on a couple of payments ended up with marstons at my door i tried to borrow the money no joy i explaned to the enforcer that i was unemployed he didnt care . i also told him that im a carer for my partner she has mentle health problems shes bi polo with scitsofrenier with suicedel tendencys and eupd . i told the court and ii phoned marstons and said the same to them . when i got together with my partner all i had was the clothes i was wearing everything in the house belongs to her so anything marstons take isnt mine . she doesnt have receipts for the goods in the house so she cant prove its hers . now with her mentle illness i cant say that she wont try doing anything silly she tried twice in 2016 the last one was in october so her health aint stable . i have informed the court and marstons of this . can her health class her as vunerable person and do you think her health could stop them taking her stuff . i am willing to pay the bill but being unemployed i cant do it like marstons want even though i unemployed there still demanding payment in one hit and at £960 i cant do it like that but they dont care any advice please

Tuco
Posts: 1827
Joined: 29 May 2016 13:06

#2 Re: can my partner be classed as a vunerable person

Post by Tuco » 02 Jan 2017 10:21

I think that you should put this in writing to Marstons AND to the fines manager of the court that issued the fine. Explain the situation exactly as you have done in your post above. As you are unemployed, you clearly cannot afford to pay the entire debt in one payment. Ask that you may provide an income and expenditure list to show what you can afford each month/week. (Make sure you get help when filling this out so that you do not forget anything)

Send the email to Jamiee Abbott of Marstons at:
jamiee.abbott@marstongroup.co.uk

Before you write anything in the email, write at the top:
CC Marston Customer care & The Fines Manager (put in the name of court)

Send the email also to:
customercare@marstongroup.co.uk
AND the fines manager (you will have to look up an email for the court)

Any problems, post back.

wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#3 Re: can my partner be classed as a vunerable person

Post by wooferspoofer » 05 Jan 2017 12:20

thanks for advice i got in touch with marstons and they asked for proof of my benefits . should i put a note with it stating what i can afford . the court tried taking money straignt from my benefit but because im on my partners claim they could not find me thats when marstons got involved . my main consern is my partners mental health if they refuse to take instalments and take goods from the property my partners menal health is ustable and im worried what she wwould do . as i stated in my first post she has got suicidle tendenceys amongst other problems . she also has eupd (emotionly unstable personality disorder) . if they do refuse a payment plan which the inforcer already stated he dont class me as vunerable what can i do any help

User avatar
jasonDWB
Posts: 14810
Joined: 30 Jul 2012 21:23
Contact:

#4 Re: can my partner be classed as a vunerable person

Post by jasonDWB » 05 Jan 2017 12:43

The bailiff does not have authority to decide whether or not you are a vulnerable person.

The Ministry of Justice does. It published the classes of vulnerable persons under Paragraphs 70 to 78 of the Taking Control of Goods: National Standards 2014 which states;

  • Vulnerable situations

    70. Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation. Therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern

    71. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.

    72. Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 16 or is deemed to be vulnerable by the enforcement agent; they can ask when the debtor will be home - if appropriate.

    73. Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.

    74. A debtor may be considered vulnerable if, for reasons of age, health or disability they are unable to safeguard their personal welfare or the personal welfare of other members of the household.

    75. The enforcement agent must be sure that the debtor or the person to whom they are entering into a controlled goods agreement understands the agreement and the consequences if the agreement is not complied with.

    76. Enforcement agents should be aware that vulnerability may not be immediately obvious.

    77. Some groups who might be vulnerable are listed below. However, this list is not exhaustive. Care should be taken to assess each situation on a case by case basis.


    • i) the elderly;

      ii) people with a disability;

      iii) the seriously ill;

      iv) the recently bereaved;

      v) single parent families;

      vi) pregnant women;

      vii) unemployed people; and,

      viii) those who have obvious difficulty in understanding, speaking or reading English.



    78. Wherever possible, enforcement agents should have arrangements in place for rapidly accessing interpretation services (including British Sign Language), when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.


Here are some steps you might be able to take to deal with the fine. http://www.dealingwithbailiffs.co.uk/fo ... p?id=42597
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#5 Re: can my partner be classed as a vunerable person

Post by wooferspoofer » 18 Jan 2017 18:41

hi quick update marstons asked me for proof of unemployment which i did now they want me to contact them to set up a payment plan is that a good idear or would they mess me about and still insist on full payment i was going to ask if they could take payment from my benefit direct as i dont want to miss a payment and be back here . a couple of late payments is what got me here any advice please

User avatar
jasonDWB
Posts: 14810
Joined: 30 Jul 2012 21:23
Contact:

#6 Re: can my partner be classed as a vunerable person

Post by jasonDWB » 19 Jan 2017 10:59

Just apply at court for a change of circumstances and go before the magistrate.

Here is more: http://www.dealingwithbailiffs.co.uk/Co ... tances.htm

Magistrates are much more likely to grant you a stay on enforcement if you appear in person and plead your vulnerability. They can commute to a deduction from benefits. Take evidence of benefits with you.

Do not engage with Marston. They will mess you about.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#7 Re: can my partner be classed as a vunerable person

Post by wooferspoofer » 19 Jan 2017 17:06

what if marstons start knocking again

wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#8 Re: can my partner be classed as a vunerable person

Post by wooferspoofer » 19 Jan 2017 17:12

[quote="wooferspoofer"]what if marstons start knocking again the only problem there is the court they fined me in was cambridge about 160 miles round trip from me and with no car and kids its hard can it be brought closer or does it have to be there

User avatar
jasonDWB
Posts: 14810
Joined: 30 Jul 2012 21:23
Contact:

#9 Re: can my partner be classed as a vunerable person

Post by jasonDWB » 19 Jan 2017 17:33

You can make a written application. But it lessens your chances of being granted a stop on enforcement.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#10 Re: can my partner be classed as a vunerable person

Post by wooferspoofer » 22 Jan 2017 22:49

you said about me applying to the court for a change of circumstances i dont understand what this is the court no im on bebefits because they sent me a letter saying about taking money from my benifits because im on my partners claim they couldnt find my claim to do so i have since told the about this so i dont no what to do should i contact marstons and see what they say

User avatar
jasonDWB
Posts: 14810
Joined: 30 Jul 2012 21:23
Contact:

#11 Re: can my partner be classed as a vunerable person

Post by jasonDWB » 23 Jan 2017 11:40

Don't contact Marstons. They will only mess you around. They are a commercial business and just want your money in their pocket.

You attend court. No need for an appointment. Ask the usher to go before a magistrate. Say you have been fined but you have had a change of circumstances since you were fined. You can be re-assessed. That will stop the warrant with the bailiffs.

Court staff often don't know the law. Its section 85 of the Magistrates' Court Act 1980. It states; (print it and take it with you)
  • 85 Power to remit fine.

    (1)Where a fine has been imposed on conviction of an offender by a magistrates’ court, the court may at any time remit the whole or any part of the fine, but only if it thinks it just to do so having regard to a change of circumstances which has occurred

    • (a)where the court is considering whether to issue a warrant of commitment after the issue of such a warrant in respect of the fine has been postponed under subsection (2) of section 77 above, since the relevant time as defined in subsection (4) of that section; and

      (b)in any other case, since the date of the conviction.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#12 Re: can my partner be classed as a vunerable person

Post by wooferspoofer » 23 Jan 2017 12:09

i apreciate your help but i still cant see what would i say as a change of sercumstances i was unemployed when i was fined and do i have to go to the court i was fined at sorry to be a pain

User avatar
jasonDWB
Posts: 14810
Joined: 30 Jul 2012 21:23
Contact:

#13 Re: can my partner be classed as a vunerable person

Post by jasonDWB » 23 Jan 2017 12:21

Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#14 Re: can my partner be classed as a vunerable person

Post by wooferspoofer » 23 Jan 2017 13:06

i went on to the site you advised me to one part of it said go back to court as last resort try dealing with the bailifs first so now im confused and i still dont nomthe answer to my questions

User avatar
jasonDWB
Posts: 14810
Joined: 30 Jul 2012 21:23
Contact:

#15 Re: can my partner be classed as a vunerable person

Post by jasonDWB » 23 Jan 2017 14:04

Lets start from the beginning.

What do you want to do?

Being a vulnerable person only means the bailiffs cannot recover fees until you have sought advice.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#16 Re: can my partner be classed as a vunerable person

Post by wooferspoofer » 26 Jan 2017 02:14

i set up a payment plan with marstons now so thanks for your help i appreciate it

wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#17 Re: can my partner be classed as a vunerable person

Post by wooferspoofer » 15 Mar 2017 16:18

As it says in my last post I set up a payment plan with marstons because of reasons beyond my control I missed a payment but I sent them a email explaining why and that I would double my next payment I got a phone call from marstons saying the court have called back the writ I phoned the court and they said marstons gave it back I since then have set up a payment plan with the court for more than half less than marstons wanted is this usual or am I missing something

User avatar
jasonDWB
Posts: 14810
Joined: 30 Jul 2012 21:23
Contact:

#18 Re: can my partner be classed as a vunerable person

Post by jasonDWB » 15 Mar 2017 16:29

What's the question?
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#19 Re: can my partner be classed as a vunerable person

Post by wooferspoofer » 15 Mar 2017 17:05

I just dont understand why it went back to the court so easy yet when I was asking for it to go back I was getting told no by the court and marstons said if I mess up my payment plan with them then they take my stuff but yet I miss a payment expecting the bailiffs back at my door and it turns out the court have got it why would the court get it back

User avatar
jasonDWB
Posts: 14810
Joined: 30 Jul 2012 21:23
Contact:

#20 Re: can my partner be classed as a vunerable person

Post by jasonDWB » 15 Mar 2017 18:02

There are a number of reasons the court service recalls a warrant. Without knowing the facts, I can only hypothesise.

It is most probably the debtor is a vulnerable person. The good news, the fees are history.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

User avatar
Pote Snitkin
The Watcher
Posts: 6009
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#21 Re: can my partner be classed as a vunerable person

Post by Pote Snitkin » 15 Mar 2017 18:44

What about the amounts already paid to Marston?
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#22 Re: can my partner be classed as a vunerable person

Post by wooferspoofer » 15 Mar 2017 18:49

Now marstons have given the warrent back do I still have to pay there fees ?
and what about the àmount I already paid ?

User avatar
jasonDWB
Posts: 14810
Joined: 30 Jul 2012 21:23
Contact:

#23 Re: can my partner be classed as a vunerable person

Post by jasonDWB » 15 Mar 2017 19:11

No fees owed.

The amounts already paid come off the sum adjudged.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#24 Re: can my partner be classed as a vunerable person

Post by wooferspoofer » 26 May 2017 00:38

need advice on rent arrears

User avatar
Pote Snitkin
The Watcher
Posts: 6009
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#25 Re: can my partner be classed as a vunerable person

Post by Pote Snitkin » 26 May 2017 07:42

We'll try our best. Post away.
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#26 Re: can my partner be classed as a vunerable person

Post by wooferspoofer » 26 May 2017 10:20

about my post about rent arrears it's my niece she 19 and moved into her own flat about a year ago .she is in £2000 rent arrears because her ex partner kept control of her money keeping her bank card we only just found out she suffered with domestic violence from him . when the police arrested him they took her card of him so we no he had control of her money.because of the situation she was in her rent wasn't paid the council are going to evict her I think she has a court date if she hasn't then they setting one up is there anything we can do to stop the council evicting her or does anyone have any advice please

User avatar
Pote Snitkin
The Watcher
Posts: 6009
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#27 Re: can my partner be classed as a vunerable person

Post by Pote Snitkin » 26 May 2017 10:24

Are you posting as 'Kares' as well? viewtopic.php?f=4&p=67269#p67269
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

wooferspoofer
Posts: 15
Joined: 16 Dec 2016 14:21

#28 Re: can my partner be classed as a vunerable person

Post by wooferspoofer » 28 May 2017 15:57

no that's my parents post didn't realise she put one up is there any advice you could give us please

Post Reply

Who is online

Users browsing this forum: Bing [Bot], Google [Bot] and 1 guest