Marston and magistrates fine

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amandabrad
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#1 Marston and magistrates fine

Post by amandabrad » 06 Dec 2017 19:20

Hi I am dealing with Marston Bailiffs for a court fine. I paid £230 to the Bailiff last Thursday and have not had any money to pay since. The fine currently stands at £205. He came round yesterday while my partner was in the shower to deliver a notice but tried the door and came in the house. I received a text from him to say that he had been in the house and taken a list of property and now has a criminal distress warrant. What does this mean and what can I do? He is coming 6am tomorrow and didn't text till 4pm and citizens advice was closed.

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Pote Snitkin
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#2 Re: Marston and magistrates fine

Post by Pote Snitkin » 06 Dec 2017 20:05

He can list what he likes - however, as neither you or your partner has signed anything any controlled goods agreement (CGA) is worthless.

However, as this is a court fine, the bailiff does have the power to force entry although this is seldom done.

What was the original fine and what fees have been added? Were you means tested at the time of the conviction?
http://www.huffingtonpost.co.uk/entry/h ... 50540e5a3d - False alarm, it wasn't him. Maybe next time.

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Schedule 12
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#3 Re: Marston and magistrates fine

Post by Schedule 12 » 06 Dec 2017 20:41

Run this compliance checklist and tell us what is flagged up. We can give better advice:

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

For the time being, deploy this: http://www.dealingwithbailiffs.co.uk/St ... -Fines.htm

Note: there are no controlled goods, he cannot break entry. If he does, then contact me and we can do something about it.
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

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amandabrad
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#4 Re: Marston and magistrates fine

Post by amandabrad » 06 Dec 2017 23:05

Hi I was not means tested and it was £180. Will he force entry in the morning? I need to ring the court to arrange a means test hearing but cannot do this till they open at nine. I was paying the fine but then I started university and my money stopped while I waited for student finance, which I still have not received. I borrowed the money to pay him last week which I thought would give me more time.

amandabrad
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#5 Re: Marston and magistrates fine

Post by amandabrad » 06 Dec 2017 23:06

It went up to 435 so he added 255 on

amandabrad
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#6 Re: Marston and magistrates fine

Post by amandabrad » 06 Dec 2017 23:13

The £230 I paid to the Bailiff would that not cover the fine and just leave his fees?

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Schedule 12
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#7 Re: Marston and magistrates fine

Post by Schedule 12 » 06 Dec 2017 23:44

amandabrad wrote:
06 Dec 2017 23:05
Hi I was not means tested and it was £180. Will he force entry in the morning?

Do not open the door. Leave him standing outside.


I need to ring the court to arrange a means test hearing but cannot do this till they open at nine. I was paying the fine but then I started university and my money stopped while I waited for student finance, which I still have not received. I borrowed the money to pay him last week which I thought would give me more time.
If you paid the fine, then the enforcement has ended. The bailiff will go on about "pro-rata" where he claims that the money paid is apportioned between the fine and the fees. That is not what the law says. Money paid to a bailiff always pays the amount outstanding before ANY fees are taken.
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

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amandabrad
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#8 Re: Marston and magistrates fine

Post by amandabrad » 07 Dec 2017 00:26

Thank you for the advice i'll let you know how it goes tomorrow

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Pote Snitkin
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#9 Re: Marston and magistrates fine

Post by Pote Snitkin » 07 Dec 2017 12:03

Schedule 12 wrote:
06 Dec 2017 23:44
The bailiff will go on about "pro-rata" where he claims that the money paid is apportioned between the fine and the fees. That is not what the law says. Money paid to a bailiff always pays the amount outstanding before ANY fees are taken.
Hmmm.... not sure about that one. The bailiff will keep the first £75 of anything he takes, then split the rest - money taken by the bailiff is 'proceeds' as stated in sch12 50(2).
http://www.huffingtonpost.co.uk/entry/h ... 50540e5a3d - False alarm, it wasn't him. Maybe next time.

amandabrad
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#10 Re: Marston and magistrates fine

Post by amandabrad » 07 Dec 2017 16:25

Hi the bailiff never came this morning. I rang the court but they said I cant have a means tested hearing and that I have to ask the bailiff about referring to some sort of charity. If I hold out and don't pay will it get referred back to court and then just pay original fine?

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Schedule 12
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#11 Re: Marston and magistrates fine

Post by Schedule 12 » 07 Dec 2017 18:31

After 90 days its returned to Court Service.

You shouldn't telephone the court service. They will mess you about. You do it in writing then if you are rebuked, then you can approach the Parliamentary Ombudsman for breach of legislation.
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

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amandabrad
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#12 Re: Marston and magistrates fine

Post by amandabrad » 07 Dec 2017 20:36

Thank you I will try writing to them

Ettie37
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#13 Re: Marston and magistrates fine

Post by Ettie37 » 07 Feb 2018 23:57

My partner received a removal notice from Marston's for an unpaid court fine by hmcts. This is the first hand delivered letter received from this company, although the letter states that "following previous visits" this is incorrect. The enforcement officer said it's a generic letter, maybe so but it's not worded correctly. The enforcement agent said he would be back from 6am on any day and can get a locksmith to gain entry. My partner is the tenant and everything owned is here, the enforcement officer stated he can take anything in the communal areas i.e living room. Can we just pay the court direct, online for the original fine of £428 and ignore the enforcement officers charges? Or should we make a statutory declaration to the court to halt the fine. He has not been to the property before, this letter is the first. Also although minor, the letter was not in an envelope when put through the letterbox, this was marked private and confidential.

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Schedule 12
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#14 Re: Marston and magistrates fine

Post by Schedule 12 » 08 Feb 2018 11:28

You can only make a statutory declaration if you didn't know you had been fined until after you were fined.

The bailiff is playing with fire threatening to interfere with landlords goods. It always ends up very expensive for the bailiff company.

The locksmith letter is generic. The expression "locksmith" is not a prescribed term. Its bailiff terminology for saying they will enter by force. That also ends up landing a big bill when it goes awry, so it's not practiced often.
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

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