Marston bailiff threatening removal but wont show me a warrant?!

[missymoo82]

Hi guys, Ill try to be succinct and I appreciate in advance any advice you can gie
My husband was caught for no TV licence, a fine then issued by the magistate court. The first we heard of this was when someone moved into the flat below and delivered a ton of post that had been going to the (previously) unoccupied flat downstairs. Obviously I'm aware that as we had a television, it was payable but we were pretty hard up! As such, we phoned the court and explained the situation, they said we should put in writing to court a) Our financial situation, and b) request a hearing for it to be heard with a guilty plea. I have done that but heard nothing until this bailiff...

Marston now want £475 (The fine before the hearing was £165). The bailiff never knocks on the door, he last posted a card saying he has a warrant of control issued by....... magiatrates court. (Yes, he didnt fill it in properly.) I phoned him on my husband's behalf, to question whether we can have or see a copy of this warrant, issued by an unidentified court, he got angry with me and told me it was irrelevant. I remained calm and polite and asked him for a notice that was filled out properly... He laughed at me, and said he was going to ring the locksmith to find out where they were (after I reminded him that he'd said he'd booked a 'removal' for that day, (yesterday). Needless to say that he didn't turn up with or without a locksmith. He did however, get so angry with my request for properly filled out paperwork, that he shouted at me, hung up on me and then sent me a text message threatening removal of my goods. - I'll now remind you that this is not a debt in my name!

He has never taken 'walking possession', he has never knocked at the door. Can he really turn up to a property rented in my name, to execute a warrant that he won't show me, for a debt that is in my husband's name? His actions seem unscrupulous at best.

With it being bank holiday weekend, I can't contact anyone until Tues morning, which is when he told my husband he will visit with a locksmith. (Via text message, his words were... 'you've had your chance')

Not at all succinct (sorry!) Any advice gratefully received though

[Johnboy007]

Re: Marston bailiff threatening removal but wont show me a warrant?!

Hi,
Typical bailiff threats..........
Don't worry, a bailiff does not have power of entry into your property.
Unless he has permission from a magistrate or judge.
He cannot force entry by using a locksmith.

7. Notice of enforcement must be given in writing, and must contain the following
information—
(a) the name and address of the debtor;
(b) the reference number or numbers;
(c) the date of notice;
(d) details of the court judgement or order or enforcement power by virtue of which the debt is
enforceable against the debtor;
(e) the following information about the debt—
(i) sufficient details of the debt to enable the debtor to identify the debt correctly;
(ii) the amount of the debt including any interest due as at the date of the notice;
(iii) the amount of any enforcement costs incurred up to the date of notice; and
(iv) the possible additional costs of enforcement if the sum outstanding should remain
unpaid as at the date mentioned in paragraph (h);
(f) how and between which hours and on which days payment of the sum outstanding may
be made;
(g) a contact telephone number and address at which, and the days on which and the hours
between which, the enforcement agent or the enforcement agent’s office may be
contacted; and
(h) the date and time by which the sum outstanding must be paid to prevent goods of the
debtor being taken control of and sold and the debtor incurring additional costs.

If you or your husband drives a car, try to park it in a garage or unobtrusive place when it's not in use.
Bailiffs have been known to clamp cars willy nilly.
Do not let a bailiff into your property, even on an excuse of using your loo.
Bailiffs can only enter by invitation, or a court order, by the usual means of entering your property, (the door).
Any papers from a bailiff, do not take them by hand, tell him to post it through your letterbox.
Below is copies of the 'Taking Control Of Goods Act' which came into force in April 2014, and
'The Taking Control Of Goods Act National Standards', which bailiffs are expected to follow.

[bizzybob]

Re: Marston bailiff threatening removal but wont show me a warrant?!

Good stuff from Johnboy007

Be aware also that as you are not the debtor, the bailiff will issue threats to you personally but refuse answers and to deal due to Data Protection, saying he can only deal with the debtor, but can still say (wrongly) he can take your goods for the debt or try to make you volunteer to pay

[Johnboy007]

Re: Marston bailiff threatening removal but wont show me a warrant?!

Good stuff from Johnboy007

Be aware also that as you are not the debtor, the bailiff will issue threats to you personally but refuse answers and to deal due to Data Protection, saying he can only deal with the debtor, but can still say (wrongly) he can take your goods for the debt or try to make you volunteer to pay

Thanks Bob, a point I forgot.........:tinysmile_hmm_t2:
Another one is, make sure you see the bailiffs Identity card, which he must show.
Try to remember his name, as it can be checked out on the bailiff register.

[Kati]

Re: Marston bailiff threatening removal but wont show me a warrant?!

and .... don't sign anything the bailiff gives you
You are not the debtor, the bailiff cannot seize your belongings!!

[Guest]

Re: Marston bailiff threatening removal but wont show me a warrant?!

In addition to the advice that you have been given above, there are a couple of other issues to consider;

1. As a married couple, goods are generally deemed "jointly owned" which means that Marstons can seize them. As others have said, do not let them in. They cannot charge another penny, no matter how many more tomes they visit. UNLESS they get hold of a vehicle or your goods.

2. When did Marstons first writ and when did they first visit?

3. You could try writing to Marstons, copying in the fines dept of the court, advising that your post has been delivered to the flat downstairs and you have only just received correspondence, due to your neighbour bringing you up a pile of post. Advose that your neighbour would be prepared to forward a sworn statement confirming this. Ask that under the circumstances, can they please take the debt fees back to compliance stage. Remind Marstons that notice should be given to the debtors usual place of abode (your neighbours flat is obviously your usual place of abode)

4. Try to get admission from the postman that he's been delivering everything downstairs.

5. I assume that you do have your own letterbox?

[missymoo82]

Re: Marston bailiff threatening removal but wont show me a warrant?!

Crikey, you're a knowledgeable bunch! Thank you so much for all of your replies.

In addition to the advice that you have been given above, there are a couple of other issues to consider;

1. As a married couple, goods are generally deemed "jointly owned" which means that Marstons can seize them. As others have said, do not let them in. They cannot charge another penny, no matter how many more tomes they visit. UNLESS they get hold of a vehicle or your goods.

2. When did Marstons first writ and when did they first visit?

3. You could try writing to Marstons, copying in the fines dept of the court, advising that your post has been delivered to the flat downstairs and you have only just received correspondence, due to your neighbour bringing you up a pile of post. Advose that your neighbour would be prepared to forward a sworn statement confirming this. Ask that under the circumstances, can they please take the debt fees back to compliance stage. Remind Marstons that notice should be given to the debtors usual place of abode (your neighbours flat is obviously your usual place of abode)

4. Try to get admission from the postman that he's been delivering everything downstairs.

5. I assume that you do have your own letterbox?

Marstons first visited around 3 weeks ago, thay issued an 'enforcement notice' on the 30th June. (Unfortunately, my husband has only just shown this to me. )

The postman that delivered a lot of our post to the flat downstairs, including the court judgement, was a temporary postman. We now have our usual guy back who delivers everything correctly! We do have our own letterbox but the front doors are misleading and they weren't numbered at the time.

My husband does not own a car, but I lease a car through motibilty.I can obviously produce the relevant paperwork to prove this. I am disabled and may need that at any time should I have to go to hospital or the surgery. I assume he can't clamp that?

Thanks again

[bizzybob]

Re: Marston bailiff threatening removal but wont show me a warrant?!

No he can't clamp a Motability car, and the soon to be defunct Zero Disabled Class tax disc and a Blue Badge should alert him to the stupidity of clamping it.

[Johnboy007]

Re: Marston bailiff threatening removal but wont show me a warrant?!

No he can't clamp a Motability car, and the soon to be defunct Zero Disabled Class tax disc and a Blue Badge should alert him to the stupidity of clamping it.

Not only can't he clamp it, but he cannot take control of it (seize) either.
It's a lease car for a start.

[Guest]

Re: Marston bailiff threatening removal but wont show me a warrant?!

I'm sorry-I have misread your post the first time around. It seems that the Notice of Enforcement was delivered correctly.

This situation epitomises the need to react and deal with these situations at the earliest opportunity. Leaving them/doing nothing, only makes it more difficult (& more costly) in the long run.

It is important that you now contact Marstons as a matter of urgency. Do not bother with the bailiff as he will not and can not do anything. Advise that you did not receive notification from the courts due to issues with your post. You have written to the courts about this and that they have asked you to request a guilty hearing, which you have done. Inform Marstons that you are now going to get back to the courts to find out what has happened and you request that recovery action be suspended whilst this is being unravelled.

You then need to contact the court and find out what is going on.

[missymoo82]

Re: Marston bailiff threatening removal but wont show me a warrant?!

Thank you Starving Taxpayer

I intend to phone Marston and the court first thing in the morning. According to citizen's advice website, they say that the notice of enforcement should be signed by the bailiff, (which it isn't) so I imagine they will have to issue another one anyway. It worries me that this bailiff may turn up when I'm here on my own, he has already tried his bully boy tactics over the phone and he clearly isn't shy of using a bit of old fashioned intimidation!

Thank you for all of your advice.

[wales01man]

Re: Marston bailiff threatening removal but wont show me a warrant?!

If you are there on your own as its not your debt you should call the Police if he threatens you .

[Johnboy007]

Re: Marston bailiff threatening removal but wont show me a warrant?!

Thank you Starving Taxpayer

I intend to phone Marston and the court first thing in the morning. According to citizen's advice website, they say that the notice of enforcement should be signed by the bailiff, (which it isn't) so I imagine they will have to issue another one anyway. It worries me that this bailiff may turn up when I'm here on my own, he has already tried his bully boy tactics over the phone and he clearly isn't shy of using a bit of old fashioned intimidation!

Thank you for all of your advice.

Don't open the door to him.....
Talk to him if you must via a small opening in a window, through the closed door, or go outside and close the door behind you.
Don't forget to take a key with you.
Remember, he cannot do anything to you, other than make scary threats.
But that is all they are, scary threats.
It is not your debt, so he is powerless.
If you show him that you are not scared, then he has no other weapon to use on you.
You will have, in effect, disarmed him.
He cannot enter your home, unless you let him.
He cannot seize your car, (it belongs to the leasing company)
In other words, he cannot do anything at this time.
Just be brave, smile at him nicely, and tell him to p**s off under your breath.

[Milo]

Re: Marston bailiff threatening removal but wont show me a warrant?!

In your opening post you say that you only received notification of the court fine when new neighbours moved into the property below yours and that you then contacted the court and they advised you to write to them with a 'guilty' plea and to include an Income & Expenditure. In court terms this is referred to as an application to reopen the case. When did you contact the court and when did you write to them?

You have confirmed that a Notice of Enforcement was issued on 30th June (which your husband has only just advised you about). It would seem as well that a visit was made 3 weeks ago.

Given the seriousness of bailiff enforcement (in particular with an unpaid court fine as there is the ultimate sanction of forced entry) it is so important to address the matter quickly.

I assume that your husband did not contact the court either after the Notice of Enforcement on 30th June or the previous visit 3 weeks ago. It is vitally important that your husband contacts the court first thing in the morning. The problem that may now arise is that if the court were going to allow a Statutory Declaration, this must be applied for within 21 days of 'becoming aware' of the event. Your husband may be required to explain to the court why he did not take steps to contact the court sooner.

I would suggest that you send a text to the bailiff to advise that an application had been to the court a short while ago to reopen the case given that correspondence had been wrongly delivered. Ask the bailiff to allow you the opportunity to contact the court in the morning and that you will contact him with an update later tomorrow.

[wales01man]

Re: Marston bailiff threatening removal but wont show me a warrant?!

Milo a question, If the OP is not the debtor can the bailiff get away with threats to them.

What recourse in law does the OP have