MARSTONS Coming back to collect full payment or break locks HELP

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Anamsey
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#1 MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 29 Mar 2017 16:31

Hi guys need some urgent help pls. I had a tv licencing fine which wasnt paid as I left my partner and has nothing to my name so couldnt pay it.

My neighbour gave me a letter from them she was on holiday as it was posted to hers. So i rang em to make a weekly arrangement and she told me no as I had gone over by 1 day!!!

The guy came knocking on mondag at 7.00 and i didnt open the door. He came again yesterday and he was knocking on my neighbours doors. 1 of the neighbours rang my husband and told him. I was at an appointment no one was at home but apparently he was here for nearly 2 hours. My husband (we reconsiled a few weeks back) rang him and he goes hes going to come back with a locksmith and break in and take stuff if its not paid. So my husband told him come.on friday and he'll see what he can do. We cant afford nearly £800.00. I have a car outside and its not mine, a friends parked it outside as I have space, not registered to me or nething and he posted a letter stating he's taken control of the car and will contact police if we use it. We cant use it as it's not ours and we dont even have a key for it.

Can he break in on friday? I know hes going to come at 6.00 and start knocking and he's not going away if he was outside for 2 hours yesterday, we cant pay him £800.00

Any advice will be apprecaited. He was really nasty to my husband on the phone. I was genuinely at the job centre and no1 was even home, i have a 2 year old, and a 9 month at home, noway they were going to stay quiet.

I have 4 children and we're really stuggling. I admit i dis tell the court when i got the letter I will pay weekly but my circumstances changed.

PLEASE HELP

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#2 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 29 Mar 2017 16:32

He's causing more issues by knocking on my neighbours doors.

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#3 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 29 Mar 2017 16:46

And husbands not been working for 6 weeks because he slices more than half his thumb off, hes a self employed builder which makes things more difficult as we havent had an income for the last couple of weeks

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#4 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by jasonDWB » 29 Mar 2017 16:50

Anamsey wrote:
29 Mar 2017 16:31
Hi guys need some urgent help pls. I had a tv licencing fine which wasnt paid as I left my partner and has nothing to my name so couldnt pay it.


My neighbour gave me a letter from them she was on holiday as it was posted to hers. So i rang em to make a weekly arrangement and she told me no as I had gone over by 1 day!!!

Your neighbour holds the proof the service of documents was not effected. Section 7 of the Interpretation Act 1978 states:
  • References to service by post.

    Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.


Your neighbour has proven the enforcement fails. Bailiffs must give a statutory notice to the defendant before taking control of goods. Section 7(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states,
  • 7(1)An enforcement agent may not take control of goods unless the debtor has been given notice.





The guy came knocking on mondag at 7.00 and i didnt open the door. He came again yesterday and he was knocking on my neighbours doors. 1 of the neighbours rang my husband and told him. I was at an appointment no one was at home but apparently he was here for nearly 2 hours. My husband (we reconsiled a few weeks back) rang him and he goes hes going to come back with a locksmith and break in and take stuff if its not paid. So my husband told him come.on friday and he'll see what he can do. We cant afford nearly £800.00.

Find out from the court what the "sum adjudged" is. Disregard any "fees". You just need to know the amount he was fined.

Once that has been paid into court online, the enforcement power ceases.

That doesn't mean he is off the hook with the £310 bailiffs fees, but the good news, the bailiff cannot take an enforcement step in respect of them. Otherwise, he is liable for everything that follow.







I have a car outside and its not mine, a friends parked it outside as I have space,
Bailiff can't touch it. Otherwise he takes the hit for damages of depriving its owner the lawful use of it. Bailiffs cannot interfere with random cars parked outside.




not registered to me or nething and he posted a letter stating he's taken control of the car and will contact police if we use it. We cant use it as it's not ours and we dont even have a key for it.

I seriously doubt the bailiff will risk his luck with that.




Can he break in on friday?
No, your husband doesn't live there and in any case, its too risky because breaking entry attracts a myriad of other damages. It takes months to clear it up in the courts and the bailiff company liability insurer takes the hit. Its been tried and it went awry.



I know hes going to come at 6.00 and start knocking and he's not going away if he was outside for 2 hours yesterday, we cant pay him £800.00
Bailiffs don't turn upm when they sa they will.






Any advice will be apprecaited. He was really nasty to my husband on the phone. I was genuinely at the job centre and no1 was even home, i have a 2 year old, and a 9 month at home, noway they were going to stay quiet.

You are a vulnerable person for the purpose of civil enforcement. Paragraphs 77 of the Taking Control of Goods: National Standards 2014 states the classes of vulnerable people:
  • 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.

I have 4 children and we're really stuggling. I admit i dis tell the court when i got the letter I will pay weekly but my circumstances changed.

PLEASE HELP


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.

Make sure your husband is NOT there.
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Anamsey
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#5 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 29 Mar 2017 17:04

He wont be because he's got a hospital appointment thats why im terrified. If I pay the court can i txt him and tell him payment has been made and the car isnt mine? I dont want my friends car towed, its genuinely parked there because they have a small driveway and double yellow lines in front of their house. He will come back though because he spoke to one of my neighbours and she told me he sat there from 9.30 till 11.30. Good job i left at school time in the morning.

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#6 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 29 Mar 2017 17:10

I dont want him coming back, my next door neighbour told me he was knocking so loudly her house was shaking and woke her kids up. I'm really terrified he's going to come back and sit outside again.

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#7 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by jasonDWB » 29 Mar 2017 18:12

Anamsey wrote:
29 Mar 2017 17:04
He wont be because he's got a hospital appointment thats why im terrified. If I pay the court can i txt him and tell him payment has been made
You can tell the bailiff when the sum adjudged has been paid online. That causes the enforcement power to cease.

and the car isnt mine? I dont want my friends car towed, its genuinely parked there because they have a small driveway and double yellow lines in front of their house. He will come back though because he spoke to one of my neighbours and she told me he sat there from 9.30 till 11.30. Good job i left at school time in the morning.
Bailiffs spend lots of time sitting around. Like UBER drivers, they are waiting for their next job.
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#8 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 30 Mar 2017 13:33

Just a quick question, my neighbour got him on cctv knocking on my neighbours doors and 1 of them opened the door and he was speaking to her for a while. Can i not email marstons with regards to this to get them of my back? I'm sure he's not allowed to discuss my debt or my situation with my neighbours or be knocking on their doors? He was really pounding down my door like 5 times!!! He looked through the window and you can clearly see no one was in as I have blinds tthat you can see everything through and my 3, 2 and 9 month old always run to the door when someone knocks. I dont work, i did ring marstons to arrange payments and told them i am with stepchange on a management plan but the woman on the phone said that doesnt matter to them, i have to pay in full. If i went to court with all that would the judge even look at it? He's txt my husband saying he's coming in the morning and to have payment ready.

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#9 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 30 Mar 2017 13:44

My neighbours willing to give a written statement that he was discussing my affairs with her.

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#10 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Pote Snitkin » 30 Mar 2017 13:55

jasonDWB wrote:
29 Mar 2017 16:50
No, your husband doesn't live there and in any case, its too risky because breaking entry attracts a myriad of other damages. It takes months to clear it up in the courts and the bailiff company liability insurer takes the hit. Its been tried and it went awry.
Husband does live there - OP says they've got back together.

If hubby cannot work due to his thumb injury then that is a change of circumstances and the court can re-look at the fine. Contact the court fines officer to report a change of circumstances quoting Section 85 (1)(b) of the Magistrates' Court Act 1980:
  • 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 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.
If they try to fob you off, contact the court manager. The court officers have no power to ignore legislation - it is for a judge to decide the merits.
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.


Anamsey
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#12 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 30 Mar 2017 14:07

Ok can i do that at my local court or do i have to go to the one that issued the fine?

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#13 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 30 Mar 2017 14:11

I just came out of hospital and didnt renew my licence, i had a section thay went wrong, i told the officer the truth and she saw i had anew born, 1st i heard of it was when the fine letter came, my neighbours can tell you we live in new builds and the postmans a pain, always giving our mail away to others, we constantly knocking on each others doors doing the postmans job. No one took anything into consideration and when my husband hurt himself, things just got worse, his thumb was hanging off and as a builder he cant work with an injury like that, hes been off work since jan but no ones willing to listen. I'm really upset about the whole situation

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#14 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Pote Snitkin » 30 Mar 2017 14:11

Anamsey wrote:
30 Mar 2017 14:07
Ok can i do that at my local court or do i have to go to the one that issued the fine?
The one that issued the fine. You can do it by phone or email. Which court is it?
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.

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#15 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Pote Snitkin » 30 Mar 2017 14:15

Anamsey wrote:
30 Mar 2017 14:11
I just came out of hospital and didnt renew my licence, i had a section thay went wrong, i told the officer the truth and she saw i had anew born, 1st i heard of it was when the fine letter came.
I bet the TV licence goon got you to sign something without telling you what it was.
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.

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#16 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 30 Mar 2017 14:57

It was blackburn court and yes she did, all she told me was she was going to set up a direct debit,

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#17 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 30 Mar 2017 15:15

I'll email them today but i'm unsure what to say???

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#18 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Pote Snitkin » 30 Mar 2017 15:22

Anamsey wrote:
30 Mar 2017 14:57
It was blackburn court and yes she did, all she told me was she was going to set up a direct debit,
It would've been a letter admitting not having a licence - they are target driven and use sly tactics. Never speak to them again.

In the email, or on the phone, give them the case number and your name, etc - state you have a change of circumstances under section 85 of the Magistrates Court Act 1980 and you request a further hearing. They'll probably fob you off with "it's with the bailiff, can't withdraw the warrant, blah blah" so ask them if they're qualified to make a judgement on the merits.

If they still moan, ask to speak to the court manager.
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.


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#20 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 30 Mar 2017 15:57

He just rung me and said hes coming tomorrow to remove goods was really nasty, rung me of another number and i told him i havent got the money or anything and i am not speaking to him. He goes i'll see you tomorrow morning.

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#21 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Pote Snitkin » 30 Mar 2017 16:17

Why would he give you a warning as to when he's coming? Think about it - they rely on surprise. Phone the court and inform them of the change of circumstance.
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.

Anamsey
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#22 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 30 Mar 2017 17:28

Ok i am going to ring them 1st thing in the morning i cant find the original fine letter

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#23 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by jasonDWB » 30 Mar 2017 17:41

Do not phone them just yet...
Anamsey wrote:
30 Mar 2017 14:11
I just came out of hospital and didnt renew my licence, i had a section thay went wrong, i told the officer the truth and she saw i had anew born, 1st i heard of it was when the fine letter came, my neighbours can tell you we live in new builds and the postmans a pain, always giving our mail away to others, we constantly knocking on each others doors doing the postmans job.
WHEN did you first learn you had been convicted?

and did you learn of the fine AFTER you were convicted?

You need to be 150% sure about your answers.
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#24 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 31 Mar 2017 09:07

Help guys he is back hes sat outside and just been banging on my door

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#25 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 31 Mar 2017 09:08

I got the fine in january thats the 1st inheard of it. The court date was october

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#26 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Pote Snitkin » 31 Mar 2017 09:57

If you were not aware of the prosecution at the time, you can do a Statutory Declaration (SD) and give it to the court. This will stop the enforcement action. You can do it 2 ways:

1- at any High Street solicitor, they'll charge about £5, just go to reception with your SD and they'll call a solicitor down to swear it with you. Take photo ID with you.

2- at the actual court with the court clerk, take any court paperwork with you.
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.

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#27 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by jasonDWB » 31 Mar 2017 10:20

And here is a template
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#28 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 01 Apr 2017 12:20

Ok thanks. I'll do that, do I have to go to the actual court or can i do it my local court? He sat outside for over an hour and posted a removal notice. Thats the 3rd time he came and kept ringing me but I didnt answer

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#29 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by jasonDWB » 01 Apr 2017 12:35

Local court to notarise it, but it must sent by RECORDED DELIVERY to the sentencing court or to the administrating court relative to the sentencing court.

If you don't know which court issued the fine, send it to your nearest administrative magistrates' court relative to your home address from this list. https://www.gov.uk/government/uploads/s ... nnex_2.doc
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#30 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 10 Apr 2017 09:34

Hi marstons did break in whilst i was waiting for court hearibg on wednesday, thats when i was due in court. He got a locksmith at 6.30am and was drilling my door down. They didnt want to know about the court date or anything. Hes taken my car keys and said i've got till 2 to make paymwnt and now charging me for locksmith. I cant believe they broke my lock and didnt want to know about the court date. I thought they had to have court permission to break a lock?

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#31 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Pote Snitkin » 10 Apr 2017 11:01

When did you lodge the SD with the court?
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.

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#32 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by jasonDWB » 10 Apr 2017 11:09

Anamsey wrote:
10 Apr 2017 09:34
Hi marstons did break in whilst i was waiting for court hearibg on wednesday, thats when i was due in court. He got a locksmith at 6.30am and was drilling my door down. They didnt want to know about the court date or anything. Hes taken my car keys and said i've got till 2 to make paymwnt and now charging me for locksmith. I cant believe they broke my lock and didnt want to know about the court date. I thought they had to have court permission to break a lock?

Waiting for what court hearing?

You must take photographs of the damage and a list of items taken. At the early stage, you must document everything. You will need to rely on this when you bring the action for claiming damages to property.
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#33 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by Anamsey » 10 Apr 2017 11:20

I wrote to the courts and told them about my sitiation and sent atached the letter you sent me a template of. They havent taken anything yet but coming back if we dont pay today i havent signed anything. They drilled my back lock. Can they do that? Without a court order? I thought they only allowed in if they let them in?

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#34 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by jasonDWB » 10 Apr 2017 14:09

Can you email the sworn copy of the statutory declaration showing the DATE it was sworn in, and the DATE you sent it by RECORDED DELIVERY.

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#35 Re: MARSTONS Coming back to collect full payment or break locks HELP

Post by jasonDWB » 11 Apr 2017 20:56

I have not received any copy of documents from the OP or any evidence of an enforcement action or a demand.

Until the OP is forthcoming with evidence, this discussion can be moved to the flame pit.
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