Urgent help needed re Bailiffs

[H Damnation]

But wouldn't the order of liability be granted to the council by the court? I may well be mistaken but wouldn't Marstons be breaking some law or other by telling the debtor that they have an order of liability when it was handed to the council and not themselves.

 

In a word, no.

 

The order is granted to the council and Marstons are acting as agents of the council. Just as a private company which employs traffic wardens has no lawful authority to issue parking tickets but as they are acting as agents of the council, they can.

 

Once again we have people on here handing out ludicrous advice and sadly the OP seems to want to listen to this rather than to the more sensible advice. Rightly or wrongly it is not illegal to film someone in public. If however you film them and put it on youtube you leave yourself open to a charge of harassment on top of everything else.

 

Ignore all the idiots on here and discuss the matter with the council who issued the ticket in the first place. If this ever does go to court and the costs get very high, you may need to explain why you were filming people carrying out their job and putting it on youtube instead of sorting it out. This may make the difference between a judge deciding costs were unfair or whether you brought them on yourself by playing silly buggers instead of trying to sort things out.

 

Anna B: It is not £600 pounds to drive in a bus lane. It is £30.

[bs4124]

Set aside is where you genuinely disagree with the CCJ - usually when a mistake has been made. If the fine has been paid then a mistake has been made in issuing the CCJ. Documented evidence of payment by OP's partner would show a mistake has been made.

[Shogun]

Set aside is where you genuinely disagree with the CCJ - usually when a mistake has been made. If the fine has been paid then a mistake has been made in issuing the CCJ. Documented evidence of payment by OP's partner would show a mistake has been made.

 

If they can find documentation that he has paid it would finish the whole thing.judgement set aside is for when you want it to return to court and be heard in front of a judge.there is usually an informal meeting first before it goes to court,that way you have your say and maybe the council will expect payment from you they do not have to.the bailiffs can not intervene in any of the proceedings all they can do is try and get their costs out of you by some other means.you will have to have good reason for you to take it back to court if you get there and the judgment is against you the court order stands and the whole procedure is live again.

[H Damnation]

Set aside is where you genuinely disagree with the CCJ - usually when a mistake has been made. If the fine has been paid then a mistake has been made in issuing the CCJ. Documented evidence of payment by OP's partner would show a mistake has been made.

 

The problem with any kind of 'court appeal' is that if the fine was not initially paid then you are going to have to explain why you ignored ALL the reminders, all the charge certificates and all the subsequent reminders and other correspondence until you had bailiffs/debt collectors knocking on your door. A court may accept one letter going astray maybe even two, but if you have lived at the same address since the original incident, do not have a shared letterbox and have no history of mail going missing at your local sorting office, then the court will deem that your partner did receive the letters, chose to ignore them and is therefore liable for all costs arising out of the council's attempts to recover the money.

 

He needs to sort out a payment plan and you need to boot him out for lying to you and bringing this **** to your door!

[Shogun]

The problem with any kind of 'court appeal' is that if the fine was not initially paid then you are going to have to explain why you ignored ALL the reminders, all the charge certificates and all the subsequent reminders and other correspondence until you had bailiffs/debt collectors knocking on your door. A court may accept one letter going astray maybe even two, but if you have lived at the same address since the original incident, do not have a shared letterbox and have no history of mail going missing at your local sorting office, then the court will deem that your partner did receive the letters, chose to ignore them and is therefore liable for all costs arising out of the council's attempts to recover the money.

 

He needs to sort out a payment plan and you need to boot him out for lying to you and bringing this **** to your door!

 

You have to have a good reason to return it to court.but actually I read that one good reason for returning it back to court is that you don't have the money to pay it and the courts are supposed to protect the rights of the not so well off.it has not cost the council any money that is whey they hand these sort of things to the likes of marston they let them do the chasing Marstons add their costs on top and give the council the money they want.

[H Damnation]

You have to have a good reason to return it to court.but actually I read that one good reason for returning it back to court is that you don't have the money to pay it and the courts are supposed to protect the rights of the not so well off.

 

It is unlikely that a court will see that £30 is an excessive amount to pay as a PCN fine.

[Green Web]

No one has to pay Martsons Bailiffs despite what anyone else tells you.

 

Pay your debt if you wish but do so straight to the council, NEVER pay bailiffs.

 

If nasty Kevin Butt will not accept your money and insist he uses his friends Martsons Bailiffs, REFUSE. It is your right. This will leave you in the strongest position, because you have offered to pay and they have outwardly declined. So KEEP your money.

 

All you need to now Ladystilleto is send the bailiffs a Cease & Desist all communication with occupier letter.

 

Template here >

 

FROM: The Occupier

(Your Address 01)

Your Adress 02

(Town)

(Postcode)

Dated: (Enter Date)

NOTICE TO CEASE AND DESIST ALL COMMUNICATION WITH OCCUPIER

The occupier of the above residence request that (Enter bailiff company name) cease and desist from making any further communication with them via letter, phone calls or doorstep visits.

Any further unwanted communication from your company via any method, including contacting neighbours, council departments, landlords or any other third parties with regards to releasing information pertaining to the above address and it’s occupancy will be deemed as harassment and a breach of Data Protection principles.

All rights to implied access to the above residency are removed in relation to any person or employee acting for on behalf of your company. Any subsequent visits to this address will be considered trespass.

All telephone numbers related to the occupiers and / or the above address have been registered under the Telephone Preference Service. Any further communication via telephone or letter from your company will be reported to the Information Commissioners Office and / or Ofcom.

There is no need to respond to this letter. It’s signed delivery receipt shall be considered acknowledgement. Any response will be returned to your office at your cost. Subsequent letters will be retained relating to any charges brought against your company regarding harassment.

The occupiers are not obliged to furnish you with any details or documentation regarding their identity or occupancy. Nor are they obligated to provide you with any details of previous or existing occupants, homeowners, landlords or there whereabouts.

Any further visits or attempts by any means to extract information via any person or method sanctioned by your office will hold you liable for prosecution and costs.

Should any debts be owed by a current or previous occupier / homeowner then reasonable attempt will be made to communicate with either the defendant and/or claimant stated on the original judgement to have the matter settled. No communication will be established with any debt collectors or outside agencies.

From

 

The occupier of above address

 

In 99% of cases the bailiffs will simply go away, purely because most of them understand the law, and will realise that you do too by sending this letter.

 

If they still persist then follow this up with the advice I gave in last PM.

 

---------- Post added 03-06-2013 at 01:29 ----------

 

https://www.youtube.com/watch?v=6ywGyUxL1bM

 

---------- Post added 03-06-2013 at 01:31 ----------

 

And this scouser is a hero!

 

Essential viewing, especially so for chem1st!

 

https://www.youtube.com/watch?feature=endscreen&v=u8g_tNimjEo&NR=1

[denlin]

You just know that this one has experience with the bailiffs. Probably knows every trick in the book.

 

Actually matey there has never been a bailiff knock on this door in the 58 years have lived here when it was my parents house or mine and I just find it odd that they wouldn't keep important mail if, as I said in my previous post, they EVER RECEIVED IT and the bit about not opening personal mail when you're in a committed partnership is plain ridiculous and childish

[Ladystiletto]

Actually matey there has never been a bailiff knock on this door in the 58 years have lived here when it was my parents house or mine and I just find it odd that they wouldn't keep important mail if, as I said in my previous post, they EVER RECEIVED IT and the bit about not opening personal mail when you're in a committed partnership is plain ridiculous and childish

 

 

There is nothing ridiculous and childish AT ALL about not opening another personal private mail, some things are PRIVATE to them and mail is one of them. I recently had a live saving operation and have several letters from the hospital coming to me about scans etc etc, I would be highly miffed off if someone else opened them regardless of whether we are in a relationship or not!

 

Greenweb, Thanks for the email and I will try to ring you later today.

 

To everyone else, thank you for all your comments.

 

H Damnation, I am not taking one side of the argument over the other at all but I am finding it difficult to know what to do so perhaps you can tell me....

 

At this stage the how it got to Bailiffs if irrelevant they are here and that is that, what I need to know is HOW do we sort this out.

The Bailiffs want the money in full and will not accept a payment plan and the fee's are going up by £200 per day!

The council refuse to take back the original fine and are happy to leave it with these monsters and we cannot afford to pay the £600 pound all in one go which after today (they are due to come back at any minute) will be £800..

 

So, to me it looks like stale mate and I would love your advice on how to solve it seeing as though none of the companies involved want to negotiate

[Starlet83]

The best you can do, if you cannot find proof of payment, maybe to ring the council and ask them to negotiate with the bailiff on your behalf. They may not do this but having worked in another council department who used Bailiffs you may get someone on the phone who is willing to help you in this way. It is something they can occasionally do. You could also try the main number for Marstons and try and speak to someone in the office. Most likely they will tell you that you have to speak to the Bailiff but occasionally those people can make an arrangement with you. At worst your only other option could be to try and offer them some kind of payment today. As much as you could possibly afford. With the amount they have now added then you wont get away though with only offering £20. They are most likely only going to settle for half. That said, any amount you can offer, stick to your guns and dont let them push you into paying more. be firm. Unfortunately they have heard every excuse in the book for not paying them so whilst they do come across as rude and very arrogant they are not going to want to appear weak or a soft touch. You have been given lots of advice and it's upto you to what you do. If they have been appointed by the Council it is highly unlikely they will just go away if you ignore them. Its also highly unlikely that this is the first contact you have had about the debt. You can ask them and the council to confirm what contact they have made about the debt. They should then tell you the date the letters have been sent to your partner. If they can confirm they have not followed the right procedure then the council should take the debt back. I also doubt filming them will get you anywhere. There is no law that says they are not allowed to be rude to you.