Marstons HF EO A warrant of control

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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kellywhelan1976
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Joined: 25 Nov 2017 13:09

Marstons HF EO A warrant of control

Post by kellywhelan1976 » 25 Nov 2017 13:55

Hi All,

My Name is Kelly yesterday morning I received a distressing call from my mum who is 63 to advise me that they had bailiffs on the door and they were trying to gain access to the house to take there personal belongings, I was horrified I couldn't believe what I was hearing, I asked mum why they was there and she advised me over a unpaid train ticket that my father had received between croydon to Gatwick apparently he had the wrong type of ticket for that journey and he was issued with a fine so the dispute was originally over £10/£15.00, this had escalated out of control without getting the correct agreement in place to set up a payment plan confirmation it goes back to 12/12/2012.

My father had received a Notice of Enforcement my father told me he tried to contact them to arrange a payment plan they said they would get back to him he never heard from them and when i reviewed the letter in small writing at the bottom it had a deadline date 19th September, it said at the bottom if you don't pay an enforcement officer will visit you and may seize your belongings and they will be sold. unfortunately he did not chase it up, my dad is 63 also and not in great health neither is my mum and they are more forgetful I wish he had mentioned this to me prior as I could have helped him sort this out at least by phoning as he does suffer with Dyslexia and does not understand everything in writing etc.

I advised my mum to calm down and call the police I will down ASAP. When I arrived there was 2 Bailliffs on the doorstop quite big intimidating men as you can imagine, the document that they had was a Notice of Enforcement with the wording A Warrant of controls has been issued by her majesty courts and tribunals service, I was horrified to see now that amount due for this incorrect rail ticket had stacked up from £339.80 and they had put on another £75.00 fine and then another £230.00 making the total owed £644.00, they were demanding full payment if they could not get that they were going to come in the property and cease any goods up to the value, my mum and dad are on a low income and over 60 years old, on reviewing the internet site I've read that my father should have received the 7 days prior letter which advised notice of enforcement and if we did we could have arranged a payment plan he also said that he called them to try and arrange a payment plan but they would not believe him,I pleaded with them to accept a payment plan I offered to give them some cash right there and then but they would not take it and I also offered to sign a document to offer to pay the debt but they would not accept anything but the full amount, Its hard to accept when the world is in such though times that a compromise can not be reached when you are trying to offer to resolve it, in the end the police came and said we would have to pay the full amount other wise they would let them enter the property and there would be nothing they could do to stop it which made me feel even more uncomfortable on how this was going to end or they said alternatively they would come back the next day and keep putting charges on until they could actually get into the property to list the goods, they said we could try and appeal after. I ended up paying the full amount on my debit card for them.

I am trying to find out really if we can appeal for the money back on part of this fine i.e.: the difference between the £644.00 and £414.80, I think we have to accept liability for some but not the full £644.00, any advice would be greatly appreciated - Thanks Kelly

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Schedule 12
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Re: Marstons HF EO A warrant of control

Post by Schedule 12 » 25 Nov 2017 17:50

Run this compliance checklist and let us know what it flags up. Be honest with your answers otherwise the resolution advisory may be wrong.

http://www.dealingwithbailiffs.co.uk/fo ... p?id=42597

I have a feeling this might apply: http://www.dealingwithbailiffs.co.uk/Co ... iliffs.htm

Potentially this being over 60: http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm

No notice of enforcement given: http://www.dealingwithbailiffs.co.uk/TC ... tion6.html
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

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