Marstons, Notice after entry TV License Fine

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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GillyGangGong
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#1 Marstons, Notice after entry TV License Fine

Post by GillyGangGong » 16 Mar 2017 18:28

Hi there,
I came across your site as I was looking for help regarding enforcement agents marstons! We I mean my husband was fined for not having a tv licence, anyway due to one thing or another ie hardship, we got behind in January got a letter from court saying we owed £120 I paid £40 off this! the balance owed was £80
We woke up at nine on 13th march to find 2 enforcement officers in our house. marstons they said had a warrent we asked to see it he had some sort of tablet started flicking through it but didn't show my husband nothing. Asked when it was issued he said the ninth of march.

Notice after entry or taking control of goods (on a highway and inventory of goods taken into control! Said the debt was now £390 on the warrant of control it says
£80 Debt outstanding
£75 compliance stage fee
£235 enforcement stage fee
I said you haven't given me any notice he said we sent a letter.,
I said well you'll have proof then recorded delivery no we don't need to? I told them Due to illness we are unemployed and himself is my carer as I am registered disabled he said well your husband isn't (as he is on my claim)
First we paid £100 on my card, himself had £10 cash he took a list of items he would take gave a receipt and said they would be back at 5pm we called him to ask if he would come in two weeks for the rest NO! ended up borrowing it from my mum!
Just gutted does he have to give notice of intent to take away goods from property please help!

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Schedule 12
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#2 Re: Marstons, Notice after entry TV License Fine

Post by Schedule 12 » 16 Mar 2017 21:36

This must be one of the most shambolic failures in civil enforcement and abuse of vulnerable persons I have come across so far in 2017.


GillyGangGong wrote:
16 Mar 2017 18:28
Hi there,
I came across your site as I was looking for help regarding enforcement agents marstons! We I mean my husband was fined for not having a tv licence, anyway due to one thing or another ie hardship, we got behind in January got a letter from court
Was this the first you learned of the conviction? if so, this applies to you: http://www.dealingwithbailiffs.co.uk/Co ... iliffs.htm The conviction is in valid under section 14 of the Magistrates Courts Act 1980. You make a statutory declaration and give it to an officer of the court. Everything that follows is revoked.

saying we owed £120 I paid £40 off this! the balance owed was £80
We woke up at nine on 13th march to find 2 enforcement officers in our house.
How did they get in?

Did you get a notice of enforcement? if not then this may apply: http://www.dealingwithbailiffs.co.uk/TC ... tion6.html



marstons they said had a warrent we asked to see it he had some sort of tablet started flicking through it but didn't show my husband nothing.
Enforcement has failed. The law, paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Ac t 2007 states:
  • 26(1)The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of
    • (a)his identity, and

      (b)his authority to enter the premises.


    (2)The request may be made before the enforcement agent enters the premises or while he is there.



Asked when it was issued he said the ninth of march.
Enforcement fails on non-compliance with regulation 6 of the Taking Control of Goods Regulations 2013 which states:
  • Minimum period of notice

    6.—(1) Subject to paragraph (3), notice of enforcement must be given to the debtor not less than 7 clear days before the enforcement agent takes control of the debtor’s goods.

    (2) Where the period referred to in paragraph (1) includes a Sunday, bank holiday, Good Friday or Christmas Day that day does not count in calculating the period.
Today is March 16. That is only 5 clear days as prescribed above.

If the notice of enforcement was given by post. The law says 2nd class post is used unless the sender makes an affidavit proving it was given by a different class of post.


Practice Direction 2.0 - (8 March 1985) Service of Documents - First and Second Class Mail, states;

  • With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

    1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

    2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

    • (a) in the case of first class mail, on the second working day after posting;

      (b) in the case of second class mail, on the fourth working day after posting.


    3. "Working days" are Monday to Friday, excluding any bank holiday.

    4. Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

    5. This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

Under these regulations, the enforcement agent can attend at the earliest on 24 March 2017. The bailiff cannot recover an enforcement stage fee until that date.









Notice after entry or taking control of goods (on a highway and inventory of goods taken into control! Said the debt was now £390 on the warrant of control it says
£80 Debt outstanding
£75 compliance stage fee
£235 enforcement stage fee
All fees fail. The enforcement agent must use the schedule 12 procedure to avail himself to the statutory fee schedule.

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 said you haven't given me any notice he said we sent a letter.,
It doesn't matter if a letter was sent. Enforcement failed on regulation 6 and Paragraph 7(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.





I said well you'll have proof then recorded delivery no we don't need to?
The bailiff has given wrong advice. The law says the bailiff must keep a record of the time the notice was given. Paragraph 7(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which states:
  • (3)The enforcement agent must keep a record of the time when the notice is given.



I told them Due to illness we are unemployed
You fall into two classes of vulnerable persons prescribed under the Taking Control of Goods, National Standards. Paragraph 77 provides:

  •  the elderly;
     people with a disability;
    the seriously ill;
     the recently bereaved;
     single parent families;
     pregnant women;
    unemployed people; and,
     those who have obvious difficulty in understanding, speaking or reading
    English

Court Service is an executive agency of the Ministry of Justice. It sets the guidelines. It is reasonable it follows them.

Paragraph 16 of the Taking Control of Goods: National Standards 2014 states;
  • Should a debtor be identified as vulnerable, creditors should be prepared to take control of the case, at any time, if necessary.




and himself is my carer as I am registered disabled he said well your husband isn't (as he is on my claim)
First we paid £100 on my card, himself had £10 cash he took a list of items he would take gave a receipt and said they would be back at 5pm we called him to ask if he would come in two weeks for the rest NO! ended up borrowing it from my mum!
Just gutted does he have to give notice of intent to take away goods from property please help!


Run the checklist from Beat the Bailiffs and see what else it gives. http://beatthebailiffs.org/magistrates- ... liffs.html



Then I think you should contact your MP and ask him to intervene on all of the above-mentioned breaches of regulations. You can print this forum post and show it to him.

The source legislation I've quoted from when answering your question is:

If you just want the money back, then do a recovery in the small claims track, and use the above-mentioned legislation in your witness statement.
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GillyGangGong
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Joined: 16 Mar 2017 12:11

#3 Re: Marstons, Notice after entry TV License Fine

Post by GillyGangGong » 18 Mar 2017 14:11

Hi Jason, thank you so much for the reply! I was pretty emotional overwhelmed with you answering. To be honest I had only just stopped shaking. I can't take it all in at the moment to write about it as I'm so upset. As if this wasn't enough....
We had an outstanding parking fine 05/08/15 this came about
from a visit to CAB a Benefits check that had overrun!
Anyway i had a feeling they were going to start enforcing it so I had the house upside down and found it.
£75 +£8 = £83 so on Wednesday 16/04/17 we got our fortnightly esa so I paid it I actually I paid more because I didn't know if the council had added any costs and darnt speak to them in case they wouldn't take payment I read that the maximum cost would be £113 so paid this sum through telephone banking as it wouldn't let me pay online and because our front door wont lock properly I'm terrified they will get in again while we're asleep again anyway got a notice of enforcement this morning saying a warrant has been issued on the 15th March 2017 and the debt is now £158.00

GillyGangGong
Posts: 10
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#4 Re: Marstons, Notice after entry TV License Fine

Post by GillyGangGong » 18 Mar 2017 14:38

I will start to answer your questions about the TV licence file thanks again!

Was this the first you learned of the conviction?

I got my dates wrong sorry the my husband went to court to defend it as the TV wasn't plugged in as he himself was decorating anyway he was found guilty on 30/03/16 so it wasn't first thing he knew.

GillyGangGong
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#5 Re: Marstons, Notice after entry TV License Fine

Post by GillyGangGong » 18 Mar 2017 14:47

No notice of compliance was ever given!

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#6 Re: Marstons, Notice after entry TV License Fine

Post by Schedule 12 » 18 Mar 2017 15:15

If you did not get a Notice of Enforcement then you can make an affidavit of fact.

http://www.dealingwithbailiffs.co.uk/TC ... tion6.html

Proving the Notice was given to the debtor now passes to the bailiff.
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GillyGangGong
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#7 Re: Marstons, Notice after entry TV License Fine

Post by GillyGangGong » 18 Mar 2017 16:43

Brill! does the court have a duty to give any notice of the outstanding amount left to pay?

GillyGangGong
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#8 Re: Marstons, Notice after entry TV License Fine

Post by GillyGangGong » 19 Mar 2017 19:51

Have been reading your forum it's brilliant your helping so many people. I'm going to get the templates as soon as I can.
•No compliance notice was received!
•They knew we were vulnerable
himself told him I had recently had a hysterectomy for
pre-cancer and are classed as disabled
• informed him the car on the drive wasn't his and was his dads who passed away recently (he's selling it for his mum)
•Unemployed/disabled
•informed him of my mental health issues
•informed him we are in the middle losing our home just how vulnerable do you have to be!
Ps did I mention I asked them to leave well more like screamed
Get out!!! ect ect and locked myself in our bedroom downstairs

GillyGangGong
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#9 Re: Marstons, Notice after entry TV License Fine

Post by GillyGangGong » 27 Mar 2017 13:42

Jason I thought I'd let you know the latest regarding my parking ticket/fine with an outstanding parking ticket/fine. fearing marstons would get involved after being ambushed by them two weeks ago (I didnt want to not pay enough and after reading on the councils internet I paid £113 (originally £25/£50) £83 with court fee.
I paid £113 to the council via their automated payment line.
I'm paid it on the 16th march Low and behold on the 19th march I received a Marstons compliance letter with £75 added on compliance stage fee added to it saying that on the 15th march a warrant had been issued by Northampton county court.
As it was the first day we have had any funds (since the last marstons visit) I phoned the council for advice the lady informed me that the money was being returned to me and to speak to marstons so called marstons a lovely young girl informed me the council had told them in an email that the payment has gone to their finance department to be returned to me. And to enforce it. I asked why couldn't they just give the money to (Them) she said I don't know why they usually do. anyway I paid the difference of £45 and will hold any enforcements for two weeks.
So that's nice paid the lot but still have the worry of them coming back arrhhh!

GillyGangGong
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#10 Re: Marstons, Notice after entry TV License Fine

Post by GillyGangGong » 27 Mar 2017 13:45

Plus the council can't tell me when the payment will land.

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#11 Re: Marstons, Notice after entry TV License Fine

Post by Schedule 12 » 27 Mar 2017 14:38

It doesn't matter if the council refunds your money. That doesn't revive the warrant after its enforcement power has been extinguished.

If you haven't done so, give the bailiff and his firm a Paragraph 59 Notice telling him the amount outstanding has been paid.
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GillyGangGong
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#12 Re: Marstons, Notice after entry TV License Fine

Post by GillyGangGong » 27 Mar 2017 19:58

Wow thanks Jason I will do that ps do you know when the tv article will be shown thanks a lot xx

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#13 Re: Marstons, Notice after entry TV License Fine

Post by Schedule 12 » 28 Mar 2017 10:25

I don't know yet. I'm still working with the researcher on the legal aspect of vulnerable people and bailiffs.
Run this Checklist. If no joy, then we'll fix it
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EliTru5
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#14 Re: Marstons, Notice after entry TV License Fine

Post by EliTru5 » 31 Mar 2017 12:08

Hi GillyGangGong

I'm a student journalist currently looking into bailiffs overstepping the mark and abusing their powers. Your story has really intrigued me and I'd be interested in having a confidential chat with you about your bad experience with bailiffs.

If this is something you'd be interested in doing, please email me at ************************

Many thanks

Eli

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Amy
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#15 Re: Marstons, Notice after entry TV License Fine

Post by Amy » 31 Mar 2017 16:16

It might have been polite to have asked before canvassing members.

I have removed your other post.

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