Bailiffs bullied me to pay my partner's fine

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Elka
Posts: 2
Joined: 27 Apr 2017 20:09

#1 Bailiffs bullied me to pay my partner's fine

Post by Elka » 27 Apr 2017 21:03

Hello,

I'll start from describing the situation.
Over a month ago Marton bailiffs came to our door attempting to remove goods because of the car insurance fine my partner didn't pay. I wasn't in the house at the time but at the end they agreed that if my partner pays £200 that same day by 7pm and then £150 every month for the next 2 months everything will be sorted.
We have been really struggling with money for the last few months because of my partner being out of the employment, we had no money not even for food so we got ourselves in a lot of debt by lending money of our friends, however we did everything to sort that £200 out and we paid it at 7pm.
My partner now got a new job but he's not getting paid before the end of May. Now we started getting on our feet because I just got my student loan and we paid off all the debts we owed to our friends and we had just enough money to last us till the payday in May.
On the 25th of April my partner paid the second installment like he agreed to do.
Now on the 27th of April (today) whilst my partner was at work and I was in the house on my own with his 17 year old daughter the bailiffs came knocking at the door. Before I even had a chance to get to the door they forced their way into the house (the door was unlocked) which already made me and my partner's daughter shaken up. They stated that the fine wasn't payed like it was promised and now they came to remove the goods from the house. I asked them to prove me that it wasn't paid because I knew that we already paid £350 off that fine. The bailiffs showed me on the screen that no money has been paid, however because I knew it had to be a mistake I asked them and nearly begged them to come back when my partner is back home. They didn't agree to it and didn't want to leave the house. I was already shaken up, upset and stressed out. At the same time I did not know what to do because it was the first time I was in th situation like this and I didn't know much about bailiffs. They started looking through all the rooms in the house looking through the things they can take and pilling them up in my front room basically threatening me to take every single thing, tv, sofas, and other things. I said that this is not my debt and some of the things in the house are mine and they cannot take them (such as my laptop and printer because of all my uni work on them) and they just replied that they don't care and I can't prove it's mine and not my partners therefore they're taking everything from the property. I've been trying to contact my partner all this time however he cannot have his phone on him whilst his at work so I couldn't get a hold of him.
Next thing was that they asked my partner's daughter how old was she when she said she's not letting them to take anything from her room, she said she was 17 and they said that's right we cannot search your room. She told them which room is hers and the next thing we know is one of them shouting to the other one that they are going to take the pool table and the fruit machine (which is in the 17 year old girl's room!). We were both shaken and upset.
When I told the bailiffs that I couldn't get a hold of my partner they became very pushy and I felt threatened by them. They said they rang the van to pick the goods up and it's on the way and kept saying that if I don't pay £460 right now before the van arrives they're going to take all the goods and I'll have to pay £110 for the van and other extra charges, saying also that the fine will increase to over £1000 which they will come back for. With me obviously feeling scared and under pressure and them reapeating all those things to me and trying to make me pay it I nearly begged them not to do that, because that was all the money I had for food, electric etc till the end of May for the family of 3! (Yes I basically had £440 in my bank and £40 cash). They still kept saying that I will have to pay it before the van comes or they're taking everything even my things.
Feeling so much under pressure, stressed, upset and shaken I agreed to pay it. They basically left us with NOTHING apart from £20 which has to last us till the end of May. They also left straight after I paid leaving all this things piled up in the front room(they even put my purse on this pile which obviously wouldn't be my partner's purse!!!).
When my partner finally called me back he swore that he paid it and that he's going to check it what happened. I rang the bank and tried to cancel the transaction feeling that I made this payment because I've been harassed to do it even though it had nothing to do with me. Bank couldn't cancel it and they couldn't help me in any way.
It also turned out that my partner did pay this money to the company. He paid them over the phone and they took the payment off him. It turned out he's got 2 debts with this company (one of which was taken over from a different company and of which he was not aware of) and when he rang the Marton company they took his payments and put them towards other debt which he wasn't aware off. They did not tell him he's got another debt with them and did not ask him which debt he's paying off, instead they decided themselves and put us in situation like this.

Now my partner rang the company and made a formal complaint, they typed up everything he said however they said he will also have to email it to them (which he did). My partner made a few points, such as:
- the bailiffs forced their way into the property
- the bailiffs embarassed him by discussing his debts with me and his daughter and by speaking loudly outside and inside the house where the neighbours could here them
- the bailiffs attempted to remove goods from the house in the presence of the child under 18 years old
- the bailiffs took an advantage of the fact that I couldn't get hold of my partner and began bullying me and threatening me into paying the debt off
- the bailiffs tried to force their way into the house by threatening to ring the police (when they came for the first time and I wasn't there)
- the bailiffs left me and my partner's daughter visibly shaken, stressed and upset
- the bailiffs left me in a financial difficulty to the point of not even having money for food for the next month even though I had nothing to do with this debt.
And a few others.
We also requested for the money to be returned to my bank on all this grounds and warned them that if this matter is not solved we are going to take them to court.
Now I know that my partner still has to pay the fine and the only reason we do have debts is because of the financial difficulties we've been experiencing for the past few months.
We've been told by Marton that this complaint will be dealt with within 10 working days, however we cannot afford to wait this long, is there any way I can get my money back? Is there anything Else I can do? I'll do everything to get this money back considering the fact that we have not only been left without the money but also with noone we could lend money off anymore. I'm so stressed and still shaken.
I would appreciate any help!!
Thank you.

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jasonDWB
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#2 Re: Bailiffs bullied me to pay my partner's fine

Post by jasonDWB » 27 Apr 2017 22:21

I havn't read your post in its entirety, but you thread title says it all:

Bailiffs bullied me to pay my partner's fine

You can bring an action against Marston in the small claims court. Here is the procedure: http://www.dealingwithbailiffs.co.uk/Co ... edure.html It starts by giving a letter before action, and include your bank account details for them to pay the money, and set a deadline 7 days.

You make a claim particulars, saying that your partner was fined, and the bailiff made you pay it under a threat that he will take your goods in respect of his court fine.

You make a witness statement giving a chronicle of the events you describe above and file that at court when it is listed for a hearing. Do not opt in for mediation. Go straight to the hearing.

If you paid by card, consider a chargeback. It's quick but you will need to haggle with the bank. http://www.dealingwithbailiffs.co.uk/ba ... geback.htm

See if you partner has any other redress: Here is a checklist: http://beatthebailiffs.org/magistrates- ... liffs.html

Channel 4 is making a documentary about Marstons practices and their treatment of vulnerable people. email me jason (at) dealingwithbailiffs.co.uk and I'll put you in touch with the production.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

Elka
Posts: 2
Joined: 27 Apr 2017 20:09

#3 Re: Bailiffs bullied me to pay my partner's fine

Post by Elka » 27 Apr 2017 22:33

Thank you so much, that's really helpful!

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