Marston bailiff

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Keve
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#1 Marston bailiff

Post by Keve » 02 Nov 2017 16:20

Hi. New to this sort of thing so please bare with me

I've read a few stories on this forum and I am in a similar situation and was hoping someone could help out ?
I had a court fine (speeding) issued to me but at the time had no means to pay it as was out of work. The fine was £365. Now it seems they have passed it on to marson holdings and a very arrogant obnoxious bailiff. I received the final demand red letter (although it was the first I knew about it) hand delivered through the door demanding £675 to be paid immediately or they will take my goods. So my reaction was to pay the £365 through the hmcts automated phone line with the ref no. I received by text message from hmcts. I then told the bailiff I had done this and gave him the recipient number. He then messsges back saying "thanks but the remaining £310 must be paid immediately or action will be taken to enter my property and take goods" he then visited my property (alone) while just my wife was at home. I told her to ignore him. He then stalked the front window, let himself in the back garden and tried to open the back door ! Is he allowed to do this ? I told her to phone the police. So I called this guy and asked him what the hell he thought he was playing at ? He said he had a "distress warrant" and anything he had done was legal by this warrant? He then stood staring at my wife through the front window. The police were dragging their heels so I called him back and told him I can't pay now but I'll pay tomorrow being pay day to try and get him away from the house as my wife was very distressed ! He said if I don't pay tomorrow he will be back with lock smith and police to gain entry to property and seize goods. I asked him to post distress warrant through door and he said they don't issue paper ones and that he had a copy on his tablet ? Which I obviously couldn't see being at work.
Can anyone please give me some advice on where I stand ? This is really upsetting for my family tbh
Thanks in advance

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Pote Snitkin
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#2 Re: Marston bailiff

Post by Pote Snitkin » 02 Nov 2017 16:21

Were you means tested at the time you were fined?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Keve
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#3 Re: Marston bailiff

Post by Keve » 02 Nov 2017 16:35

Hi. Do you mean did I declare income ? Yes

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Schedule 12
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#4 Re: Marston bailiff

Post by Schedule 12 » 02 Nov 2017 17:06

Keve wrote:
02 Nov 2017 16:20
Hi. New to this sort of thing so please bare with me

I've read a few stories on this forum and I am in a similar situation and was hoping someone could help out ?
I had a court fine (speeding) issued to me but at the time had no means to pay it as was out of work. The fine was £365. Now it seems they have passed it on to marson holdings and a very arrogant obnoxious bailiff. I received the final demand red letter (although it was the first I knew about it)
Was this when you first learned about the fine?
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Author: dealingwithbailiffs.co.uk

Keve
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Joined: 02 Nov 2017 15:49

#5 Re: Marston bailiff

Post by Keve » 02 Nov 2017 17:15

Obviously I knew about the original court fine. It was the first I knew about it going to marstens and the first I knew about the additional £310

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Pote Snitkin
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#6 Re: Marston bailiff

Post by Pote Snitkin » 02 Nov 2017 17:58

As you were out of work, the court should've arranged a payment arrangement of £20 per month. Did this happen?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Keve
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#7 Re: Marston bailiff

Post by Keve » 02 Nov 2017 19:16

No. To be honest I got laid off a week after court appearance and had so much on my plate I didnt inform them.

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Schedule 12
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#8 Re: Marston bailiff

Post by Schedule 12 » 02 Nov 2017 20:39

That is called a "change of circumstances".

Section 85 of the Magistrates courts Act 1980 applies.
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Pote Snitkin
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#9 Re: Marston bailiff

Post by Pote Snitkin » 02 Nov 2017 21:01

Is that going to work seeing as the fine has now been paid? Could get a bit messy.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Schedule 12
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#10 Re: Marston bailiff

Post by Schedule 12 » 03 Nov 2017 12:06

As far as the bailiff is concerned, the 'fine' is not paid, so the magistrates do the change of circs and it yields a zero repayment because the fine is always paid first then the fees after. The mythology that apportionment applies to payments is debunked because that only applies to proceeds.

Bailiff terminology "Paid in Full" or PIF, means the debt and the fees are paid. But that is not prescribed in any regulations.

The statutory terminology is payment of the "amount outstanding", which is payment of the debt and any costs paid regarding transport and sale of goods. The law doesn't provide for "storage".
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