Marston (Swift) Bailiff urgent help needed if at all possible please?

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nikkimc6780
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#1 Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 09 Feb 2017 19:48

Hello

I'm new here so if this is in the wrong place please forgive me and remove.

On Friday the 3rd of February I receved a letter in the post from Swift enforcement...Notice of enforcement...Owe HMCTS £587.50...Warrant of control issued...Compliance stage fee £75.00 total £662.50 to be paid by midnight that very same day! 3rd February. The date on the notice is 20/01/2017 so why did it take so long to get to me?!

Anyway I'll explain what this is about, on 24/08/2016 I attended court for theft at Asda. I did not deliberately steal, I have never stole a thing in my life, I had been unwell and extremely sleep deprived, several months worth of sleep deprivation due to my mum being sick. I ran out of Asda after my little girl and had clothes hanging on the hook under the trolley bar, didn't even think about them, I pushed the trolley to the side (half way out of the first set of doors) grabbed my daughter and a security guard grabs my arm and shouts "you have stolen these, come with me" I'm mortified, petrified and from then on my life became blank, police were called, Asda had CCTV and so on. I was so emotionally weak by the time of court I just took whatever they said, I feared I would go to prison for unintentionally stealing! So when he said a fine a huge weight lifted and I could breathe, obviously as time went on I was angry having to pay this money but didn't want any trouble so continued to do so. I made the first payment with no difficulty on 01/09/2016 then towards the end of September I became really unwell, we are still trying to find out exactly what is wrong to this day, my body completely paralyses temporarily, it's horrendous. Anyway due to being unwell I couldn't work much (self employed carer) I'm a single parent of 2 and I couldn't even feed myself, it finally got to the point where it was either pay the fine or feed the children!
I wrote to the court on 15th October to explain my change of circumstances and could I please pay £12.50 every week instead of the whole £50 per month, I wasn't asking to pay less (I was too afraid to) it still added up to the £50.
At this point I didnt have a working home phone or a mobile phone which is why I wrote instead, I didn't hear back at all so thought I will make the £12.50 payment every week to show I am eager to pay it. I missed a few weeks as I thought I would need permission to change from the £50 to the weekly amount but have been paying every week since November 7th 2016 and thought everything was ok until last Friday 3rd Feb. I emailed wales enforcement asking why they have sent this to the bailiffs and why haven't they wrote to me first to give a warning or anything and they replied they sent a further steps notice out on 01/11/2016 (at this point I would of only missed ONE payment) they didn't seem to care about my change in circumstances and severe hardship and just said to deal with the bailiff.
I then emailed Swift to explain what had happened...didn't expect a reply and didn't get one.

On 07/02/2017 I was dropping my daughter to breakfast club when I got home there was a final notice in red from Marston Holdings (Swift) stating despite previous notices and attendances I shall attend to take control of goods and will call back one morning this week (Hasn't been as of yet, thursday) then it says balance due £860!!!! How has it gone up from 662 to 860 in a few days and just for him posting a letter through the door?!

I have read up online this is a criminal fine so he can just break down my door at anytime he likes and scare the hell out of my children so as you can imagine I haven't eaten or slept since last Friday, I can't focus on anything but this, my medication isn't working anymore, I'm on strong anti depressants which also suppress the pain and very strong pain killers, I absolutely detest confrontation and don't like speaking to people like him.

3 weeks ago I had the pleasure of dealing with bailiffs from Excel, he came first in November but could see how unwell I was and was really very caring! But he said I will need a doctors letter and he will call back in 28 days he came back in december still hadn't got the letter, what could the doctor say? I haven't been diagnosed as such yet and I was embarassed to ask him!
Then in January he came with a mate who wasn't so nice!
I never received a further steps notice for this one either, there are no issues with the mail in our area apart from the postman can put mail in neighbours and so on so we just post it for them. He said either get your GP on the phone now or we are taking your car. It's on PCP with Toyota, in a year and a half I either give the car back to them or pay them £3000, I said this he didn't care he put it down on the controlled goods agreement as well as my 32" old TV as that is really all I have, as I said I'm a single parent with no help from the father at all, unwell and now unemployed until I know exactly what is wrong with me. This fine was for "2 no TV license fees" and no car tax all from different time periods where they put them all under one account as I kept getting confused, it was £683.34 (again the balance is wrong) I knew about this fine and everytime I was paying the £12.50 I was paying £5 on this a week too.
So in a panic I thought he was taking the car he said I now owe £965!
I didn't know what to do, I was in a heap on the floor balling my eyes out and my son came home from school early, he said it's ok mum I will lend it to you out of my savings :( can you imagine how this felt? All those years of grafting his nan had gone through to save up some money for him when he's older, I had no choice (I thought) Not once did these bailiffs say what it is about, not once would they answer anything but say it's a criminal offence so I automatically assumed it must be the Asda fine.
I am now paying my son back bit by bit. I look back and even text the bailiff after I sent the payment to thank him for being so patient!!! He said he will be coming back after 4pm if it wasn't paid yet when I phoned him to make the payment I could hear all his screaming kids, he had no intentions of coming back on a Friday night at all.

The courts have made me feel like I'm a no good piece of c**p and using bullies to make defenceless single mothers pay double or even triple what they originally owe is a disgrace. I missed ONE payment and they "supposedly" sent out a further steps which I didn't receive. I know what these are as I've seen one before I know if you get one you must act on it that very day, I did not receive one on either account, but who's going to believe a single mother who steals and doesn't buy her tv license. I suggested to them that they send out these further steps notices via signed for delivery and even billing the recipient if needs be! That would be a more humane way to deal with these things, some people just can't pay, not everyone is running and laughing at their fines! I only asked if I could split the £50 payment into weekly, which I agree would of meant some nights I may not have got an evening meal but hey ho, that's called being a responsible mother, I wasn't asking for the amount to be reduced and I only missed ONE payment before they supposedly tried to warn me :(

Aprreciate any advice regarding this Swift (Marston holdings) bailiff please. I'm currently sitting in the window curtain twitching and having a heart attack every time I hear a car, it's so frightening especially when you have no other adult to tell you it will all be ok :(

Sorry for the essay!

THANK YOU SO MUCH for this forum.

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#2 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by Schedule 12 » 09 Feb 2017 22:37

nikkimc6780 wrote:
09 Feb 2017 19:48
Hello

I'm new here so if this is in the wrong place please forgive me and remove.

On Friday the 3rd of February I receved a letter in the post from Swift enforcement...Notice of enforcement...Owe HMCTS £587.50...Warrant of control issued...Compliance stage fee £75.00 total £662.50 to be paid by midnight that very same day! 3rd February. The date on the notice is 20/01/2017 so why did it take so long to get to me?!
If the notice was given on the 3rd of February then the statutory period of 7 clear days starts with the first day on Feb 04. By my calculations, the earliest date for attendance is Feb 14.

If a bailiff attends before that date, enforcement fails. You will have to make an affidavit proving the date you received the Notice. The burden of proof to the contrary passes to the bailiff. Keep the envelope it arrived in. That is irrefutable.




Anyway I'll explain what this is about, on 24/08/2016 I attended court for theft at Asda. I did not deliberately steal, I have never stole a thing in my life, I had been unwell and extremely sleep deprived, several months worth of sleep deprivation due to my mum being sick. I ran out of Asda after my little girl and had clothes hanging on the hook under the trolley bar, didn't even think about them, I pushed the trolley to the side (half way out of the first set of doors) grabbed my daughter and a security guard grabs my arm and shouts "you have stolen these, come with me" I'm mortified, petrified and from then on my life became blank, police were called, Asda had CCTV and so on. I was so emotionally weak by the time of court I just took whatever they said, I feared I would go to prison for unintentionally stealing! So when he said a fine a huge weight lifted and I could breathe, obviously as time went on I was angry having to pay this money but didn't want any trouble so continued to do so. I made the first payment with no difficulty on 01/09/2016 then towards the end of September I became really unwell, we are still trying to find out exactly what is wrong to this day, my body completely paralyses temporarily, it's horrendous. Anyway due to being unwell I couldn't work much (self employed carer)

Have you had a change in financial circumstances since you were fined? If so, then you can do a change of circumstances and that takes enforcement out of the bailiffs hands.

Do not attempt to do this by phone. Court staff will mess you about. You must do it in writing. I've attached a template to the foot of this post.

The law is section 85 of the Magistrates Courts Act 1980 which states:


  • 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 [F2section 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.








I'm a single parent of 2 and I couldn't even feed myself,
You are classes a vulnerable purpose of civil enforcement. That doesn't mean enforcement is invalid. The law only says the bailiffs cannot be recovered until you have had an opportunity to seek advice and cannot take control of goods if you are the only adult present.

The classes of vulnerable persons is given in Paragraph 77 of the of the Taking Control of Goods: National Standards 2014 which provides:


  • 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.

The law is Regulation 10(1) of the Taking Control of Goods Regulations 2013 and it states;
  • 10.—(1) The enforcement agent may not take control of goods of the debtor where—

    • (a)the debtor is a child;

      (b)a child or vulnerable person (whether more than one or a combination of both) is the only person present in the relevant or specified premises in which the goods are located; or

      (c)the goods are also premises in which a child or vulnerable person (whether more than one or a combination of both) is the only person present
    .








it finally got to the point where it was either pay the fine or feed the children!
I wrote to the court on 15th October to explain my change of circumstances and could I please pay £12.50 every week instead of the whole £50 per month, I wasn't asking to pay less (I was too afraid to) it still added up to the £50.
Court staff will mess you about.





At this point I didnt have a working home phone or a mobile phone which is why I wrote instead, I didn't hear back at all so thought I will make the £12.50 payment every week to show I am eager to pay it. I missed a few weeks as I thought I would need permission to change from the £50 to the weekly amount but have been paying every week since November 7th 2016 and thought everything was ok until last Friday 3rd Feb.
Go into Court and get before a magistrate and plead your case. They are more sympathetic than court staff. Don't be palmed off with any nonsense from court staff.


I emailed wales enforcement asking why they have sent this to the bailiffs and why haven't they wrote to me first to give a warning or anything and they replied they sent a further steps notice out on 01/11/2016 (at this point I would of only missed ONE payment) they didn't seem to care about my change in circumstances and severe hardship and just said to deal with the bailiff.
I then emailed Swift to explain what had happened...didn't expect a reply and didn't get one.

No point writing to the bailiff company. They will mess you about.

They are a commercial company. They just want your money in their pocket.




On 07/02/2017 I was dropping my daughter to breakfast club when I got home there was a final notice in red from Marston Holdings (Swift) stating despite previous notices and attendances I shall attend to take control of goods and will call back one morning this week (Hasn't been as of yet, thursday) then it says balance due £860!!!! How has it gone up from 662 to 860 in a few days and just for him posting a letter through the door?!

They are messing you around as well. Marston modus operandi is fee fraud. You are a vulnerable person. They cannot recover fees from you.

Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 states;
  • Recovery of fees from vulnerable debtors

    12. Where the debtor is a vulnerable person, the fee or fees due for the enforcement stage (or, where regulation 6 applies, the first, or first and second, enforcement stages as appropriate) and any disbursements related to that stage (or stages)
    • are not recoverable
    unless the enforcement agent has, before proceeding to remove goods which have been taken into control, given the debtor an adequate opportunity to get assistance and advice in relation to the exercise of the enforcement power.

Get that Change of Circumstances done. If court staff rebuke you then contact your MP. Court staff are not legally qualified.





I have read up online this is a criminal fine so he can just break down my door at anytime he likes and scare the hell out of my children so as you can imagine I haven't eaten or slept since last Friday, I can't focus on anything but this, my medication isn't working anymore, I'm on strong anti depressants which also suppress the pain and very strong pain killers, I absolutely detest confrontation and don't like speaking to people like him.
The law does provide for breaking and entering. But once such a case reaches me, the bailiff company is shalling out for months of court procedings defending the claim. It is not commercial viable for a private company to break entry to a private home. Its far too risky.




3 weeks ago I had the pleasure of dealing with bailiffs from Excel, he came first in November but could see how unwell I was and was really very caring! But he said I will need a doctors letter and he will call back in 28 days he came back in december still hadn't got the letter, what could the doctor say? I haven't been diagnosed as such yet and I was embarassed to ask him!

You may have to do two separate Changes of Circumstances. One for each fine. Its is contrary to Paragraph 68 of the of the Taking Control of Goods: National Standards 2014 to appoint more than one bailiff for the same debt.
  • Where enforcement agents have multiple warrants for a single debtor, an enforcement agent must take control of goods, and sell or dispose of these goods, on the same occasion except where it is not practical to do so.








Then in January he came with a mate who wasn't so nice!
I never received a further steps notice for this one either, there are no issues with the mail in our area apart from the postman can put mail in neighbours and so on so we just post it for them. He said either get your GP on the phone now or we are taking your car. It's on PCP with Toyota,
Its no good for the bailiff. Its not your car. The bailiff can only take control of goods that belong to the debtor.

Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:
  • An enforcement agent may take control of goods only if they are goods of the debtor.

If you were to bring an action for breach of Paragraph 10, it always costs the bailiffs (their indemnity insurance) well into the thousands in damages. That doesn't include the legal costs when they have all been thrown on top.






in a year and a half I either give the car back to them or pay them £3000, I said this he didn't care he put it down on the controlled goods agreement
The controlled goods agreement fails.






as well as my 32" old TV as that is really all I have, as I said I'm a single parent
The whole enforcement fails. Its contrary to Regulation 10(1) of the Taking Control of Goods Regulations 2013 states;



with no help from the father at all, unwell and now unemployed until I know exactly what is wrong with me. This fine was for "2 no TV license fees"
You are dealing with multiple fines.

That might explain why you have differnet bailiffs companies on your back.

You must do a change of circumstances for EACH FINE at each sentencing magistrates court.

Court rules require the magistrates court to give a "notice of consolidation". They clearly have not followed this rule. I'll have to look up under the CPR White Book for the rule.




and no car tax all from different time periods where they put them all under one account as I kept getting confused, it was £683.34 (again the balance is wrong) I knew about this fine and everytime I was paying the £12.50 I was paying £5 on this a week too.
So in a panic I thought he was taking the car he said I now owe £965!
It is looking like each bailiff company is charging separate fees for each debt. That is contrary to regulation 11 of the Taking Control of Goods (Fees) Regulations 2014 which states:
  • More than one enforcement power available against the same debtor

    11.—(1) This regulation applies for the purpose of calculating the fees and disbursements payable to the enforcement agent in accordance with regulations 4, 8, 9 and 10 in a case where—

    • (a)the enforcement agent receives instructions to use the procedure under Schedule 12 in relation to the same debtor but in respect of
      • more than one enforcement power
      ; and

      (b)those enforcement powers can reasonably be exercised at the same time.


    (2) In paragraph (1)(b), “can reasonably be exercised at the same time” means in particular—

    • (a)taking control of goods in relation to all such enforcement powers on the same occasion; and

      (b)selling or disposing of all goods so taken into control on the same occasion,

      except where it is impracticable to do so.


    (3) The enforcement agent may
    • recover the compliance stage fee in respect of each enforcement power
    to which the instructions relate.

    (4) Where paragraph (1) applies, the fee recoverable in respect of the enforcement stage (or stages) and the sale or disposal stage respectively is to be calculated as follows—

    • (a)the
      • fixed fee for each stage may be recovered only once
      regardless of
      • the number of enforcement powers to which the instructions relate
      ;

      (b)the amount in relation to which the percentage fee for each stage, if any, is to be calculated is the total amount of the sums to be recovered under all enforcement powers to which paragraph (1) applies.

This is why Court Service should have consolidated the fines into a single warrant. I have a feeling it somewhere buried un CPR 30.




I didn't know what to do, I was in a heap on the floor balling my eyes out and my son came home from school early, he said it's ok mum I will lend it to you out of my savings :( can you imagine how this felt? All those years of grafting his nan had gone through to save up some money for him when he's older, I had no choice (I thought) Not once did these bailiffs say what it is about, not once would they answer anything but say it's a criminal offence so I automatically assumed it must be the Asda fine.
I am now paying my son back bit by bit. I look back and even text the bailiff after I sent the payment to thank him for being so patient!!! He said he will be coming back after 4pm if it wasn't paid yet when I phoned him to make the payment I could hear all his screaming kids, he had no intentions of coming back on a Friday night at all.

The courts have made me feel like I'm a no good piece of c**p and using bullies to make defenceless single mothers pay double or even triple what they originally owe is a disgrace. I missed ONE payment and they "supposedly" sent out a further steps which I didn't receive. I know what these are as I've seen one before I know if you get one you must act on it that very day, I did not receive one on either account, but who's going to believe a single mother who steals and doesn't buy her tv license. I suggested to them that they send out these further steps notices via signed for delivery and even billing the recipient if needs be! That would be a more humane way to deal with these things, some people just can't pay, not everyone is running and laughing at their fines! I only asked if I could split the £50 payment into weekly, which I agree would of meant some nights I may not have got an evening meal but hey ho, that's called being a responsible mother, I wasn't asking for the amount to be reduced and I only missed ONE payment before they supposedly tried to warn me :(

Aprreciate any advice regarding this Swift (Marston holdings) bailiff please. I'm currently sitting in the window curtain twitching and having a heart attack every time I hear a car, it's so frightening especially when you have no other adult to tell you it will all be ok :(

Sorry for the essay!

THANK YOU SO MUCH for this forum.
You must implement the change of circumstanced for each fine, and make a complaint to both courts for failing to consolidate the fines and issue the statutory notice of consolidation.

Also, Run the Magistrates' Court fines enforcement compliance check.

You need to tot up everything you have paid against each fine. Subtract that from the sums on each warrant of control, and that will tell you how much is owed. You might even be owed money.

I think you should take this whole forum post in hard-copy print form and take it to a Citizens Advice or a legal practitioner. See if they can intervene at Court Service and have them comply with the law.
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nikkimc6780
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#3 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 10 Feb 2017 11:17

Oh my goodness Thank You so much Jason for the extended reply and for your time!

I shall send the change of circumstances off today, does this need to be signed by a solicitor? And sent recorded obviously. When does this stop the bailiffs entitlement to come and break in?
As for the first fine (2 tv license and one car tax) that was collected by Excel I have paid that in full with bailiffs costs totalling £965 so as that is done with do I still need to send the change in circumstances for that as well? Am angry at myself for paying nearly £300 in costs to Excel for what you seem to say was a fake goods control based on a car they couldn't really take and an old TV I wouldn't of cared if they did, but lesson learnt and if anything can be done about this I will do so after I have dealt with Swift!

So once I have sent the change of circumstances, I await a reply from the court to attend? In the meantime what do I tell the bailiff when he comes kicking the door?

I'm also confused as to where I send it. Out local magistrates in Bridgend, south Wales closed just before my trial so I had to attend Cardiff Magistrates yet when I received the fines and collection order (just after the trial) it comes from Cardiff & Vale of Glamorgan Magistrates Court Code 3251, Financial enquiries to Wales CFU, Harbourside Road, Port Talbot, SA13 1SB.

That is not the address of the Cardiff magistrates I attended.

My surname was different when I attended court for the trial, I have now gone back to my birth name although all correspondance from Hm Courts and tribunal Service is under my previous surname, could this be a problem anywhere? I have legal deed polls and obviously my birth certificate is my current name, my driving license is also my current name now also.

I have today received a further steps notice!!! This is for £215 and I think it must be for doing 24mph in a 20 zone of an area I don't know I have emailed them and they have given me a number to call as I wasn't aware of it and can set up a direct debit after theyve taken my income and expenditure into account, they wouldn't sday in the email what it is for but it must be the speeding fine, my point here is the address is again different from the the notice of fine collection order, this address is HM Courts and Tribunal Service, HMCTS NCES, P O Box 3674, SWINDON SN3 9BU so I am now very confused to which address I send the change of circumstances :/

Appreciate all your help!

nikkimc6780
Posts: 27
Joined: 09 Feb 2017 12:38

#4 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 10 Feb 2017 11:27

Also where it says "sum adjudged" am I supposed to delete and put the amount I was fined with on the notice of fine and collection order?

"The above-mentioned court fine ("sum adjudged") has been passed to bailiffs"

Thank you!

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#5 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 10 Feb 2017 11:35

I apolgise if I seem blonde here but what do I write (if anything) here:-

Encs:(If applicable)
Payment of balance of the fine amount
[NAME OF BAILIFF COMPANY], for information only.

Encs: Evidence of Change of Circumstances if applicable.

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#6 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by Schedule 12 » 10 Feb 2017 11:42

nikkimc6780 wrote:
10 Feb 2017 11:17
Oh my goodness Thank You so much Jason for the extended reply and for your time!

I shall send the change of circumstances off today, does this need to be signed by a solicitor? And sent recorded obviously. When does this stop the bailiffs entitlement to come and break in?
It doesn't. Breaking and entering ony takes place when a defaulter refuses to pay. You haven't refused to pay. It would cost the bailiff company more than its worth.



As for the first fine (2 tv license and one car tax) that was collected by Excel I have paid that in full with bailiffs costs totalling £965 so as that is done with do I still need to send the change in circumstances for that as well?
No. Thats finished now.




Am angry at myself for paying nearly £300 in costs to Excel for what you seem to say was a fake goods control based on a car they couldn't really take and an old TV
The £310 fees are not for the controlled goods agreement. They are statutory fees. You can reclaim them if the bailiff did not use the schedule 12 enforcement procedure.

Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states:

  • 3. These Regulations apply when an enforcement agent uses the Schedule 12 procedure.



I wouldn't of cared if they did, but lesson learnt
You can still reclaim the £310 fees. It might not be a lost cause. But, you must find an enforcement irregularity to bring the claim.





and if anything can be done about this I will do so after I have dealt with Swift!
Again, you can do a compliance check, and see if you have grounds to do a recovery.




So once I have sent the change of circumstances, I await a reply from the court to attend?

Yes.

If you get excuses, then contact your MP. Another forum member this morning got a reply from what looks like an unqualified person, giving a load of legal nonsense.


In the meantime what do I tell the bailiff when he comes kicking the door?


You tell him you are attending court for a re-assessment of means. Get him on video using your mobile and ask him to quietly leave the proerty. The chain on the door.




I'm also confused as to where I send it. Out local magistrates in Bridgend, south Wales closed just before my trial so I had to attend Cardiff Magistrates yet when I received the fines and collection order (just after the trial) it comes from Cardiff & Vale of Glamorgan Magistrates Court Code 3251, Financial enquiries to Wales CFU, Harbourside Road, Port Talbot, SA13 1SB.

To the SA13 1SB address.



That is not the address of the Cardiff magistrates I attended.
It doesn't need to be. Fines are administered centrally.



My surname was different when I attended court for the trial, I have now gone back to my birth name although all correspondance from Hm Courts and tribunal Service is under my previous surname, could this be a problem anywhere?
No effect. The slip rule allows changes to a defendants name. Its when the defendants ADDRESS changes is when it all falls apart for the proceedings.





I have legal deed polls and obviously my birth certificate is my current name, my driving license is also my current name now also.

I have today received a further steps notice!!! This is for £215 and I think it must be for doing 24mph in a 20 zone of an area I don't know I have emailed them and they have given me a number to call as I wasn't aware of it

If you were not aware of the proceedings, then the law says they are invlaid. Section 14 of the Magistrates Courts Act 1980 states:


  • 14 Proceedings invalid where accused did not know of them.

    (1)Where a summons has been issued under section 1 above and a magistrates’ court has begun to try the information to which the summons relates, then, if—

    • (a)the accused, at any time during or after the trial, makes a statutory declaration that he did not know of the summons or the proceedings until a date specified in the declaration, being a date after the court has begun to try the information; and

      (b)within 21 days of that date the declaration is served on the designated officer for the court,


    without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.

    (2)For the purposes of subsection (1) above a statutory declaration shall be deemed to be duly served on the designated officer if it is delivered to him, or left at his office, or is sent in a registered letter or by the recorded delivery service addressed to him at his office.

    (3)If on the application of the accused it appears to a magistrates’ court (which for this purpose may be composed of a single justice) that it was not reasonable to expect the accused to serve such a statutory declaration as is mentioned in subsection (1) above within the period allowed by that subsection, the court may accept service of such a declaration by the accused after that period has expired; and a statutory declaration accepted under this subsection shall be deemed to have been served as required by that subsection.

I've added a template at the foot of this post. Thatr will kill the fine, the fees and get the bailiffs off your back.

The court might re-summon you. Cross that as and when it happens.




and can set up a direct debit after theyve taken my income and expenditure into account, they wouldn't sday in the email what it is for but it must be the speeding fine, my point here is the address is again different from the the notice of fine collection order, this address is HM Courts and Tribunal Service, HMCTS NCES, P O Box 3674, SWINDON SN3 9BU so I am now very confused to which address I send the change of circumstances :/

Appreciate all your help!
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#7 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by Schedule 12 » 10 Feb 2017 11:44

nikkimc6780 wrote:
10 Feb 2017 11:27
Also where it says "sum adjudged" am I supposed to delete and put the amount I was fined with on the notice of fine and collection order?

"The above-mentioned court fine ("sum adjudged") has been passed to bailiffs"

Thank you!

It must be Sum Adjudged. Section 76 of the Magistrates Courts Act says:
  • Enforcement of sums adjudged to be paid.
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#8 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 10 Feb 2017 11:53

You are a true angel! Thank you again Jason. Shouldn't I just call them about this new further steps notice they are awaiting my call with my income and expenditure and will set up an affordbale repayment, therefore stopping any bailiffs getting involved? Find it odd how I've received this one and not the other 2 further steps!

Will get the change of circumstances sent off now, just need to try and find a correct email for Cardiff & Vale of Glamorgan Magistrates Court, code 3251 Financial enquiries to Wales CFU, Harbourside Road, Port Talbot, SA13 1SB :/

Thank you again!

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#9 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 10 Feb 2017 11:56

Also confused with the bailiff company, the first letter sent in the post was from Swift enforcement yet the letter he posted through door says Marston holdings (with a swift logo at the bottom) so email to Marston or Swift?

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#10 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 10 Feb 2017 11:59

And do I leave this in? What can I show as proof?

Encs: Evidence of Change of Circumstances if applicable.

I'm still on child tax credit and working tax credits as if i'm well enough I will work stress make me more unwell. I'm debating what to do regarding this at present, whether to claim income support or stay on workign tax credits in case i do have a good week or a good few days and can work, my doctor asked me to wait to see how these certain meds would affect me first.

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#11 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by Schedule 12 » 10 Feb 2017 12:02

nikkimc6780 wrote:
10 Feb 2017 11:56
Also confused with the bailiff company, the first letter sent in the post was from Swift enforcement yet the letter he posted through door says Marston holdings (with a swift logo at the bottom) so email to Marston or Swift?
Both. Swift is owned by Marston.
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#12 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by Schedule 12 » 10 Feb 2017 12:03

nikkimc6780 wrote:
10 Feb 2017 11:59
And do I leave this in? What can I show as proof?

Encs: Evidence of Change of Circumstances if applicable.

I'm still on child tax credit and working tax credits as if i'm well enough I will work stress make me more unwell. I'm debating what to do regarding this at present, whether to claim income support or stay on workign tax credits in case i do have a good week or a good few days and can work, my doctor asked me to wait to see how these certain meds would affect me first.
Evidence of income and expenditure.


As much evidence as you can. The more, the better your chances. There is no such things as "too much" evidence.

When I prepare evidence for court, and an item of evidence is 500 pages long, then so be it. It's still charged at £1 a page. The other party is paying.
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#13 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 10 Feb 2017 12:06

Right ok thank you! I will gain bank statements and everything I can they can clearly see I don't have much money anymore!

Also this is the court address on the notice of fine collection order (although it says Cardiff & Vale of glamorgan Magistrates Court) which email on this link shall I use??

https://courttribunalfinder.service.gov ... mily-court

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#14 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by Schedule 12 » 10 Feb 2017 12:13

Use the address on the document.
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#15 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 10 Feb 2017 12:50

So I don't need to email the court as well as send via post just email to bailiffs and postal to court? sorry i'm just making sure :)

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#16 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by Schedule 12 » 10 Feb 2017 13:19

Email and by post.
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#17 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 10 Feb 2017 20:44

Thank you Jason. Struggling to find the correct email for the court so will do my best and will send it all out tomorrow.
Thakns again for your help, really appreciate this!

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#18 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by Schedule 12 » 10 Feb 2017 21:10

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#19 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 12 Feb 2017 20:08

Thank you Jason I had the wrong email!
He called today whilst I was out, shocked he came on a Sunday! He left a removal notice stating he will be back without notice to take control of goods. Second visit although balance remains at £860. If I ever do see him I shall say I am re-attending court for an assessment of means. Thank you for all that you do!

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#20 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by Schedule 12 » 12 Feb 2017 20:44

No. Just get the assessment done.
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#21 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 12 Feb 2017 23:10

Thank you Jason I will! Expecting him to be banging door down at 6am tomorrow :( I've been up at 5am everyday since his letter, it's soul crushing! But hopefully the courts will allow a means hearing and we can get this all over with! Going to look up who my MP is now!

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#22 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by Schedule 12 » 13 Feb 2017 10:59

No point staying up.

If he calls at 6am or before daylight, don't answer the door. Start recording using a mobile. If violence is threatened or there is a disturbance, then call police on 999. The door remains locked shut. Keep the video running. Do not speak to anyone through the door.
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#23 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 13 Feb 2017 11:43

Thank you Jason. Yes I shouldn't be making myself more unwell with no sleep and getting up before daylight over this,this has put my whole life on hold, just don't want him annoying the neighbours although if he did start hammering the door I'm sure my entire street would come out and give him what for! Have sent it all off now so will sit and wait. Dealt with the new fine that came though the door last week so that's one less worry, I'm really confused as to why no furthers steps notice was sent out on the other two, If it had I wouldn't be in this predicament now :( I will record his every move! Thank you, don't know where I'd be without you!

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#24 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 13 Feb 2017 16:09

I've been trying to check who this guy is and no Mr P James works for swift or marston :/ maybe I'm looking in the wrong place though!

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#25 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 22 Feb 2017 13:45

Just an update Jason. I sent off the form you drafted. Haven't heard anything back from court as of yet although have been paying every week since November. Haven't heard from bailiff since Sunday 12th either which was the final notice, not sure why he hasn't been back yet, do they usually wait weeks between visits after the final notice?

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#26 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by Schedule 12 » 22 Feb 2017 17:11

If you returned an income and expenditure, the court should contact you to set a date for your hearing. Phone the court and ask.

Record the call on your phone. Its a £2.49 app called ACR Pro. This is incase you get fobbed off with excuses or a statutory right is rebuked. Your MP will need irrefutable proof.
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#27 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 22 Feb 2017 19:52

Thank you Jason. Yes I sent the letter along with all income and expenditure as well as last 3 month bank statements. I have that app from reading on another post you suggested so will call them tomorow. Thank you!

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#28 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 01 Mar 2017 12:12

Hi Jason

I've tried contacting everyone about this but they all say I've rung the wrong place and don't direct me to where. I don't know what to do I haven't heard back in writing regrading a hearing date. And received this notice from that bailiff today it states Marston Holdings:-

I P James attended your address today to execute a warrant of control issued against you by south Wales magistrates court. The amount outstanding today is £822.50. (I do not owe that much as I've been paying every week without fail since November. I owe about £450.)
I have been refused entry/unable to contact you at the address and believe that you are wilfully trying to evade payment of this account.
You should be aware that there exists a power under the Tribunals, Courts and Enforcement Act 2007. Schedule 12, Paragraph 18, Subsection (B) to enable us to enter your property, BY FORCE, using locksmiths where required, to execute this warrant.
This power may only be utilises if the enforcement agent is executing a magistrates warrant of control.
I will be re-attending your premises, with a locksmith if necessary, to conclude this matter. I may if appropriate request authority to use the above powers of entry.
To avoid this action contact me.
I saw him as I was arriving home he was parked quite a way from my home, you can just tell who they are can't you?! I arrived home found that card and watched him from an upstairs window. He sat in his van for quite some time. I was worried he was calligraphy police or a locksmiths.
How am I meant to be means tested if they won't write back to me?
The address I showed you on the notice of fine and collection order states port Talbot although it was Cardiff magistrates I went to. Port Talbot is far away from Cardiff. The number on the fines order is a port Talbot number and was who I rang before I even asked for help on here they all said it's with the bailiff now nothing they can do. They are Wales enforcement not Cardiff magistrates. Who do I call?
I can't stress how unwell I am over this. I've lost 2 stone since I posted this. I'm ontemplating suicide for goodness sake I have so much going on and this should not be happening to someone who pays! :(

Always appreciate your time and advice

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#29 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 01 Mar 2017 12:20

Maybe I should of included the Wales enforcement email and via post too I just don't know!
This is what it says under all of my emails to Wales enforcement.
So are these the court? Do I request a means hearing from them?

Wales Enforcement Office

Accommodation and Governance

Gwasanaeth Cenedlaethol Cydymffurfiaeth a Gorfodaeth

National Compliance and Enforcement Service

Tel: 01639 605691

E-Mail/Ebost: Tomasz.Ziajka@hmcts.gsi.gov.uk

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#30 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by Schedule 12 » 01 Mar 2017 13:23

nikkimc6780 wrote:
01 Mar 2017 12:12
Hi Jason

I've tried contacting everyone about this but they all say I've rung the wrong place and don't direct me to where. I don't know what to do I haven't heard back in writing regrading a hearing date.

It doesn't matter if you didn't get a hearing date. Any enforcement COULD fail if it takes place after the bailiff is aware you have applied to the court of a change of circumstances. That is because it is in breach of Section 85 of the Magistrates Courts Act 1980.

The bailiff should have sought legal advice after becoming aware. Otherwise, liability resides with the bailiff.

The court is not obligated to remit the fine under Section 85. The law says it may do so if it thinks fit. You would have to argue the bailiff took an enforcement step while the court was deciding the outcome of your application to remit the fine following a change of circumstances.





And received this notice from that bailiff today it states Marston Holdings:-

I P James attended your address today to execute a warrant of control issued against you by south Wales magistrates court. The amount outstanding today is £822.50. (I do not owe that much as I've been paying every week without fail since November. I owe about £450.)
I have been refused entry/unable to contact you at the address and believe that you are wilfully trying to evade payment of this account.
You should be aware that there exists a power under the Tribunals, Courts and Enforcement Act 2007. Schedule 12, Paragraph 18, Subsection (B) to enable us to enter your property, BY FORCE, using locksmiths where required, to execute this warrant.
This power may only be utilises if the enforcement agent is executing a magistrates warrant of control.
I will be re-attending your premises, with a locksmith if necessary, to conclude this matter. I may if appropriate request authority to use the above powers of entry.
To avoid this action contact me.
Its a "marston holdings" template.


I saw him as I was arriving home he was parked quite a way from my home,
Bailiffs are trained in the classroom to park away from the property only of the defaulter is potentially violent. It is to allow a quick getaway if a crowd gathers. Otherwise, they park across the driveway.


you can just tell who they are can't you?! I arrived home found that card and watched him from an upstairs window. He sat in his van for quite some time. I was worried he was calligraphy police or a locksmiths.
How am I meant to be means tested if they won't write back to me?
Conmtact your MP with a complaint saying Court staff are not following section 85 by having a magistrate consider your change of circumstances and excersise a power to remit the fine.


The address I showed you on the notice of fine and collection order states port Talbot although it was Cardiff magistrates I went to. Port Talbot is far away from Cardiff.
Port Talbot issued the warrant. Cardiff was the sentencing court.



The number on the fines order is a port Talbot number and was who I rang before I even asked for help on here they all said it's with the bailiff now nothing they can do. They are Wales enforcement not Cardiff magistrates. Who do I call?

Port Talbot.


I can't stress how unwell I am over this. I've lost 2 stone since I posted this. I'm ontemplating suicide for goodness sake I have so much going on and this should not be happening to someone who pays! :(
Please call the police on 999 reporting an offence under the offences against the persons Act 1861. Then call the samaritans.

The police will record your complaint on the CAD and can have social services ask the Parliamentary Ombudsman to stop the warrant for breach of Regulation 10(1) of the Taking Control of Goods Regulations 2013 and Paragraph 16 of the Taking Control of Goods: National Standards 2014.



Always appreciate your time and advice
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#31 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 01 Mar 2017 13:33

Thanks Jason!
I have now emailed and sent via post recorded to the wales enforcement email and address (although the postal address is the same as the last one I sentwhich they are just obviously ignoring. If they reply to the email I shall let you know.)

Should I email Marstons to make them aware that enforcement could fail if it takes place after the bailiff being aware I have applied to the court of change of circumstance and that it is in breech of section 85 of the magistrates court act 1980?
I'm not sure if he parked away from the house whilst he posted this card although I passed him on route to my home, he was a street away and you can just tell it was him. I arrived home and found the card in the letterbox so I then knew it was him. He sat in his van for half an hour after posting the card as I could see into the next street from an upstairs window.
I will contact my PM, the police and the samaritans now THANK YOU!

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#32 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by Schedule 12 » 01 Mar 2017 13:58

Make the bailiff aware. They should seek legal advice.
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#33 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 01 Mar 2017 16:41

I thought so. Ok thank you Jason. I have contacted both MP Madeleine Moon and the AM Carwyn Jones as it suggested on Madeleine's page to also add him. Sent another letter via signed for post with bank statements and income expenditure to Wales enforcement aka port Talbot justice centre addressed to the fines officer and contacted the samaritans. I will be contacting the police first thing tomorrow once my little girl has gone to school. If anyone reading this needs to reach out to someone who can understand what their going through please feel free to contact me, you're not alone! The more time that goes on the more I detest my own country and government they are shouting at you if you push a letter to the side but it's absolutely fine for them to do it if you write to them! Such a corrupt system! Especially for those who do pay their fines and live life by the book. Those that don't should just be arrested, dragged to court made to pay extra court fees etc then if fail to keep up the payments be looking at a jail sentence! There is no need for bailiffs in this world and the one system I thought was their to help us feel safe is the one that uses bailiffs to scare the life out of single parents or the unemployed, poor families or even those that work 100hrs a week just to meet the bills and drive us too severe depression where we contemplate just ending it all who CHOOSE to go with out food just so they can pay their fine. Justice? I don't think they can even spell it! As for bailiffs! You are not authority, you are definitely not better than anyone you try to scare, the world would be a much more beautiful place without you, go and get a REAL man's job if you have insecurities about yourself! You're just a glorified club door bouncer! If you could see your loved ones on the other side standing next to you right now I can almost guarantee you they are very dissapointed in all that karmic debt you are building! Compassion gets you everywhere, bullying gets off a cliff I hope!

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#34 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by Schedule 12 » 01 Mar 2017 17:15

nikkimc6780 wrote:
01 Mar 2017 16:41
I thought so. Ok thank you Jason. I have contacted both MP Madeleine Moon and the AM Carwyn Jones as it suggested on Madeleine's page to also add him. Sent another letter via signed for post with bank statements and income expenditure to Wales enforcement aka port Talbot justice centre addressed to the fines officer and contacted the samaritans. I will be contacting the police first thing tomorrow once my little girl has gone to school.



If you are a single parent family. you are classed vulnerable under paragraph 77 of the Taking Control of Goods: National Standards 2014

Add to your complaint.
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#35 Re: Marston (Swift) Bailiff urgent help needed if at all possible please?

Post by nikkimc6780 » 01 Mar 2017 19:10

Yes but bailiffs don't seem to care about that do they? Single parent or not they still want double if not triple the fine amount owed.
If I had a partner or husband I wouldn't be in this emotional state as I'd be able to share the burden or possibly even pay the fine amount in full instead of starving every week to pay it.

I've heard back from someone who works for Madeleine Moon (local MP) she replied -



Thank you for your email to Madeleine Moon MP regarding your problems with the Court Service and bailiffs. You say you have already taken legal advice, which is essential at this stage, so that the necessary action can be taken to avoid further distress to you and your family.

Madeleine is keen to help and has spoken with staff at Bridgend Citizens Advice, who have offered that a trained advisor could telephone you tomorrow morning to talk about what support they can offer.


If you feel this would be helpful, please provide your telephone number by email or phoning 01656 750002 as soon as possible so that I may pass this on to the CAB manager.

I look forward to hearing from you soon.

Best regards

Linnia

Although I'm pretty sure CAB only advise to keep will does and doors locked at all times and to not answer but have replied with my contact number so will speak to them when they call tomorrow.

Thanks again Jason

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