Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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Post by Kimirap » 15 Mar 2018 18:33


Bailiff from Marston Holdings (MH) showed up at my nan's house, where I have been staying since my release from prison at the end of July 2017. I was in prison on remand from June 2016 (sentenced from Spring 2017) for approximately one year. My nan is 75 years old with poor health having suffered a stroke and ongoing issues with COPD (Emphysema/asthma) and other health problems.

Prior to being incarcerated I was in court for a separate offence and received a fine of £800.00 from Hendon Magistrates court.
Whilst in prison I was not able to make any payments. However, in Sept 2017 I made a few payments but stopped due to lack of income. Then Marston Holdings sent someone out a couple of weeks ago. Prior to this I received no correspondence from the Courts or the Collection & Compliance Centre.

The Bailiff presented my nan with a Final Notice and threatened they would be needing to enter the property to take goods - none of which belong to me - unless I pay the £1190.00. I ended up telephoning Marstons and offering to pay at £25.00 per week, but the woman insisted I would have to pay at least £75.00 per week. I am currently out of work and no income.

I wasn't even sure how come it was over £1000.00 so my aunty contacted the London Collection & Compliance Centre (LCCC) who say that as well as the £800.00 fine, I also owe £140.00 in costs administered by Harrow Crown Court, because I went to prison and that it is court costs payable by prisoners upon release. The rest must be added on by MH for their costs.

We also asked the woman at LCCC when the original Notice of Enforcement was issued for this matter and she said it was January 2018, but my aunt insisted they must have issued one before January this year if the fine was issued in Feb 2016. The woman then said that on 18 Feb 2016 the collection order was sent out. Then 2 May 2016 a Further Step Notice was sent out and as there was no contact from me they issued a case to the MH/Bailiff in July 2016. The Bailiff then returned the case to LCCC in August 2016. She then said that the 'reissuing warrant' was done in January (I think 2018, but for some reason my aunty made notes and it says 2017). My aunt asked how come they did not realise I was in prison and therefore unable to pay anything or contact them, the woman at LCCC said that the Court was at fault as usually they would notify the LCCC that the debtor is in prison.

I had not had any contact with Bailiffs prior to 2 weeks ago. I did not receive their letters either. Nor, do I recall ever being asked to provide a breakdown of my Financial means.

Having read some other posts on the forum here re: Marston and Collectiva and the way they should be dealing with debt collection, I am wondering if they have followed correct/legal protocol and if not, can I avoid paying any of the money they are asking for? The costs MH have added on would seem to amount to £250.00, plus the £800.00 fine from Hendon Magistrates Court and then the £140.00 costs from Harrow Crown Court.

If I do have to pay the whole debt, can I pay £25 per month? What is the legal position on repayments when you are unemployed? Can I stop them entering my nan's house?

Any advice would be gratefully received.

Many thanks.

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Schedule 12
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Post by Schedule 12 » 15 Mar 2018 19:52

If you don't live at your nan's house then she can apply to the court for an injunction.

First, she must give notice of her intention to injunct and give the bailiff an opportunity to comply with the notice, or respond with reasons why they should continue to enter her property.

If you have no goods at her property then your nan can give a notice to the bailiff claiming ownership of all goods contained therein, which must be notarised, and hand it to the bailiff on camera when he turns up. This proves that you do not own goods at her property. Here is a Template.. It renders the bailiff liable for everything that follows if he enters the property. You will need to show you live another address in order for your nan to bring a trespass action. Debtors cannot bring a trespass action because there is an exclusion under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 providing remedies only for debtors. Your nan is not a debtor, therefore, she is able to bring a trespass action against a bailiff. Damages aren't great unless the property is dishevelled by the bailiff, or furniture is moved, then its £500 for the entry plus £50 a minute on a sliding scale plus the cost of restoring the house to its original state.

You have been released from prison and that is a "change of circumstances". Additionally, if you are supported by benefits, then the bailiff will have a problem taking control go goods simply because you don't have any.

You can do a change of circumstances, and that will suspend the enforcement and allow you to pay the fine at a rate you can afford, or it can be paid from benefits. Here is how to do a change of circumstances: ... tances.htm
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.


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