Marstons enforcement arriving 6am in the morning

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Jonesvi4
Posts: 1
Joined: 28 Mar 2017 19:50

#1 Marstons enforcement arriving 6am in the morning

Post by Jonesvi4 » 28 Mar 2017 22:49

urgently need some advice. My partner has not paid a court fine for
speeding ticket. The reason for this is I've been very ill recently and I'm
diagnosed bipolar. As you can imagine he has been up the wall trying to
hold everything together.
Can the bailiff enter the house if I'm alone?

The house belongs to my parents and everything in it belongs to them. Would
a statutory statement signed by solicitor prevent them taking there things
or can they still take?
I have asked the court to take it back but because it's not my partner with
the disability they won't. Also Marstons welfare team won't take it on for
same reason.

I'm literally shaking and know this is going to set my recovery back. The
actual bailiff is being very abusive on the phone even though I've sent
proof I'm on pip, joint ESA and child tax credits. He's saying he's still
returning tomorrow to force entry even as early as 6am if he feels like
Please help I'm terrified

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Schedule 12
Posts: 13089
Joined: 30 Jul 2012 21:23
Location: London WC2
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#2 Re: Marstons enforcement arriving 6am in the morning

Post by Schedule 12 » 29 Mar 2017 08:32

Jonesvi4 wrote:
28 Mar 2017 22:49
urgently need some advice. My partner has not paid a court fine for
speeding ticket. The reason for this is I've been very ill recently and I'm
diagnosed bipolar. As you can imagine he has been up the wall trying to
hold everything together.
Can the bailiff enter the house if I'm alone?
Legally no.

You are in a class of vulnerable people for the purpose of civil enforcement.

Regulation 10(1) of the Taking Control of Goods Regulations 2013 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.

The classes of vulnerable people for the purpose of civil enforcement are:
  • 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.

Source: Paragraph 77 of: http://www.dealingwithbailiffs.co.uk/fr ... agents.pdf





The house belongs to my parents and everything in it belongs to them.
Your parents need to make an affidavit of fact. I've attached a template for them to swear in at a local county court or any local solicitor (Fee £5). They must take Photo ID with them.



Would
a statutory statement signed by solicitor prevent them taking there things
or can they still take?
Yes it would, and I have attached one.

Bailiffs can assume goods belong to the debtor unless evidence to the contrary is shown. An affidavit of fact is evidence. Bailiffs can't go behind it.






I have asked the court to take it back but because it's not my partner with
the disability they won't.
No point speaking to the court service, they will mess you about.




Also Marstons welfare team won't take it on for
same reason.

They are a commercial business. They just want your money in their pocket above all else. No point talking to them.




I'm literally shaking and know this is going to set my recovery back. The
actual bailiff is being very abusive on the phone even though I've sent
proof I'm on pip, joint ESA and child tax credits. He's saying he's still
returning tomorrow to force entry even as early as 6am if he feels like
Please help I'm terrified

Run this enforcement compliance checklist. It might find you a trump card you can play before the magistrate to get more time to pay, or have the fine remitted.


http://beatthebailiffs.org/magistrates- ... liffs.html
You do not have the required permissions to view the files attached to this post.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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