Marstons arrest Notice. Help needed.

[Jenster]

Hi, i'm new to the site but have been burdoned with marstons bailiffs for a while now. If any help on how to proceed can be given, it would be highly appreciated.

I don't want to put on a sob story or anything, but i just want to give you an idea of where i was at when this all started.

Back in 2015 i had recently been off work on the sick with chronic depression and severe anxiety. I was going through a breakup with my wife with whom i have 2 small children. I also was trying my best to find another job and at least some money to get me by. I took out a logbook loan before i lost my job just to help pay with car maintenance and bills. During my rocky patch with my wife her father passed away. Her being from the USA, she obviously wanted to fly home to be at his funeral. I agreed to take her to the airport. On the way to the airport, the head gasket blew, leaving the car completely written off. We wete towed back home, along with the car by a private breakdown company. Around 3 weeks later, we had the car taken away by a scrap yard and the car was scrapped.

Around 4 months later i received a letter from the dvla saying i had been fined £250 for not declaring the car sorn. This was then sent to leeds magistrates and a fixed penalty was imposed. I obviously couldn't pay this in full as i was still looking for work and had very little money. So i ignored it, my anxiety and depression was so overwhelming at that time, i ignored alot of things.

My first son was then diagnosed with a rare eye condition that limits his vision. Me and the wife managed to work thing's out and i decided to be my sons full time carer. I was awarded Carers allowance for him and have been his carer ever since. I written the court a long winded , stream of consciousness kind of letter. I explained exactly what had happened with the car and how i was naive and unaware the car had to be declared sorn if the car no longer existed. They told me to do a statutory declaration, so i did.

Fast forward around a year and i get a letter off marstons. The usual threats of goods siezed and that i had to pay £850 in full. I ignored these also with the intention of paying the fine directly to the courts. I didn't hear anything for a whil again and now, i am recieving pieces of cards called "arrest notices" they have been to my house 5 times in 4 days, each time with a piece of card. My circumstances are the same, i care for my disabled son and i have no income besides that. My wife is a full time university student and we have little money, only the benefits and the odd work shifts my wife picks up.

Sorry this is so long but i am now at a complete brick wall.

Can they arrest me? Can they sieze goods? Can i pay the court the original fine directly?

Thank you.

[zeke]

Hi, i'm new to the site but have been burdoned with marstons bailiffs for a while now. If any help on how to proceed can be given, it would be highly appreciated.

I don't want to put on a sob story or anything, but i just want to give you an idea of where i was at when this all started.

Back in 2015 i had recently been off work on the sick with chronic depression and severe anxiety.

If this still affects you now, then you might be a vulnerable person for the purpose of civil enforcement: http://www.nationalbailiffadvice.uk/Bai ... eople.html

I was going through a breakup with my wife with whom i have 2 small children. I also was trying my best to find another job and at least some money to get me by. I took out a logbook loan before i lost my job just to help pay with car maintenance and bills. During my rocky patch with my wife her father passed away. Her being from the USA, she obviously wanted to fly home to be at his funeral. I agreed to take her to the airport. On the way to the airport, the head gasket blew, leaving the car completely written off. We wete towed back home, along with the car by a private breakdown company. Around 3 weeks later, we had the car taken away by a scrap yard and the car was scrapped.

Around 4 months later i received a letter from the dvla saying i had been fined £250 for not declaring the car sorn. This was then sent to leeds magistrates and a fixed penalty was imposed. I obviously couldn't pay this in full as i was still looking for work and had very little money. So i ignored it, my anxiety and depression was so overwhelming at that time, i ignored alot of things.

My first son was then diagnosed with a rare eye condition that limits his vision. Me and the wife managed to work thing's out and i decided to be my sons full time carer. I was awarded Carers allowance for him and have been his carer ever since. I written the court a long winded , stream of consciousness kind of letter.

They will ignore your letters.

I explained exactly what had happened with the car and how i was naive and unaware the car had to be declared sorn if the car no longer existed. They told me to do a statutory declaration, so i did.

Fast forward around a year and i get a letter off marstons. The usual threats of goods siezed and that i had to pay £850 in full. I ignored these also with the intention of paying the fine directly to the courts. I didn't hear anything for a whil again and now, i am recieving pieces of cards called "arrest notices" they have been to my house 5 times in 4 days, each time with a piece of card.

Commercial bailiff companies cannot perform an arrest. Its been tried but they end up getting hurt. They like to wear body armor but their head is totally unprotected and that is where they get nutted.

The card will probably look something like this:









They can seize goods but they cannot arrest you. This article explains what the "arrest warrants" gag is all about, in sort it is about tracing missing debtors

http://nationalbailiffadvice.uk/Bailiff ... -Fine.html

See if any of these steps apply to you: http://www.nationalbailiffadvice.uk/Sto ... liffs.html

[Jenster]

Thank you for the timely response. Yes, the letter is exactly the same as that. I will check out the links you have given.

Is there a way i can fill in a attachment of earnings form and send it directly to the courts and bypass the bailffs? Or is this not possible now? I'm assuming there
Is a time frame that this has to be done?.

Thanks again.

[Will Goodfellow]

Is there a way i can fill in a attachment of earnings form and send it directly to the courts and bypass the bailffs? Or is this not possible now?

The bailiff does have the power of arrest so you should act on this as soon as possible. You need to start paying the fine at a minimum of £5 per week immediately, then contact the fines officer at the Magistrates' Court to try and stop the warrant of arrest being enforced.

[zeke]

There Is nothing in the no-bail warrant authorising an arrest other than to ask for a signature.

Debtors aren't even obligated to give their name let alone concede to an arrest or to be taken prisoner to anywhere by a company.

One bailiff company, Marston Group Limited tried arresting people with disastrous results. They were nutted and beaten up. The body armour was ineffective because the bailiffs head and face is completely unprotected. Their body cam video evidence worked against them. The police were being sued for false arrest after a victim acted in self defence.

[delta157]

Why not apply for a financial means test hearing, ask at Court, the chance are you may not have submitted the MC100 form.

This may happen given a warrant may have been issued. Pop to Court speak to a Clerk of the Court and see what advice they give.

You have nothing to lose everything to gain, the bench may even reduce the original fine too, especially if no MC100 was used at the original hearing.

[zeke]

If he goes to court they will get his new address and issue a warrant without giving a collection order and send bailiffs round.

They argue the collection order was given t9 the last known address.

Do the MC100 by email and give an email address as the service address.

[Jenster]

Thank you for the replies again guys, this is really helping me out with what direction to take it from here.

I will fill out a MC100 and email it to the relevant court. Should i include a cover letter? Would having a disabled child help towards a vulnerable persons case and should i mention this in covering letter?

The bailiffs haven't been back since yesterday morning but I'm sure they will be knocking on the door in the near future. How should i handle them while i get in touch with the courts? At the minute i have been ducking them so i'm not even sure they are confident i still live here. I don't mind answering the door to them but what should i tell them.

Thanks guys. Really appreciate it.

[delta157]

Anyways the notice has been filled in incorrectly, Berks is a County, it should have the town name in X County.

You can also contact 101 and ask for the Warrants Officer in your home town, confirm either there is a live warrant or not. If so deal with it ASAP.

If there is you can deal with it, if not please come and up date your threat.

[Will Goodfellow]

There Is nothing in the no-bail warrant authorising an arrest other than to ask for a signature.

Debtors aren't even obligated to give their name let alone concede to an arrest or to be taken prisoner to anywhere by a company.

One bailiff company, Marston Group Limited tried arresting people with disastrous results. They were nutted and beaten up. The body armour was ineffective because the bailiffs head and face is completely unprotected. Their body cam video evidence worked against them. The police were being sued for false arrest after a victim acted in self defence.

The bailiffs do have the power to arrest if they are an approved enforcement agency, and they are unlikely to state they have an arrest warrant where one hasn't been issued. Not much will happen, they'll take you to the Magistrates' Court and sit you on the naughty step.

For those who are not willing to 'nut' a bailiff, the best thing to do it go to the Magistrates' Court before the bailiff turns up.

[delta157]

For those who are not willing to 'nut' a bailiff, the best thing to do it go to the Magistrates' Court before the bailiff turns up.

Which was my advice, if the OP does it's an oportunity to ask the Court to reconsider the original fine amount, since it was not based on available income of the OP nor was it possibly taken in to account at the 1st hearing. It might be that their disposable income might be less or on benefits?

No one should 'nut' an EA or be willing too, a comment in jest I hope?

[Syd Snitkin]

Indeed, a 'nut' is totally inappropriate.

A punch to the throat is much more effective.

[zeke]

The bailiffs do have the power to arrest if they are an approved enforcement agency, and they are unlikely to state they have an arrest warrant where one hasn't been issued. Not much will happen, they'll take you to the Magistrates' Court and sit you on the naughty step.

Bailiffs are only insured to carry goods in the van - goods in transit. If a bailiff wants to carry a people for commercial gain to a court, then he must be licensed for private hire.

Only police can arrest suspects and transport them. HM Prison Service can contract out prisoner transport services to the private sector.

For bailiff companies to get confrontational on the doorstep is stupid and dangerous.

For those who are not willing to 'nut' a bailiff, the best thing to do it go to the Magistrates' Court before the bailiff turns up.

Experience says court staff mess people about.

The no-bail warrant is only used as a method of tracing missing debtors, or where the bailiff is unsure of the debtor's current whereabouts.

[Will Goodfellow]

No one should 'nut' an EA or be willing too, a comment in jest I hope?

Schedule 12 stated that when some Marston bailiffs tried to arrest someone in the past, they were 'nutted' because they weren't wearing head gear.

I agree that it is not the best course of action.

[zeke]

If I recall, it was a doorstep confrontation. The debtor was in his 60's and the bailiff underestimated him, however he was a known dealer of class A and very streetwise.

The bailiff made a sudden move towards the debtor who involuntarily reacted in self defense head-butting the bailiff. The bailiff was knocked out cold and dropped to the ground while his accomplice in the van called the police. The debtor closed the door leaving the unconscious bailiff on the doorstep, carried on with his life and within minutes, nearly a dozen police with lights and sirens turned and stormed the property.

The police being aware of a class A dealer, used excessive force manhandling him to the ground in his own living room and were later sued. The debtor pleaded self-defence and acquitted. He was awarded damages but he never told me how much.

[Will Goodfellow]

Bailiffs are only insured to carry goods in the van - goods in transit. If a bailiff wants to carry a people for commercial gain to a court, then he must be licensed for private hire.

Only police can arrest suspects and transport them. HM Prison Service can contract out prisoner transport services to the private sector.

For bailiff companies to get confrontational on the doorstep is stupid and dangerous.

Are you stating that an authorised officer acting on an arrest warrant that has the power to force entry in to premises, arrest someone and bring them before a magistrates' court cannot transport them once the arrest is made because the authorised officer does not have the correct vehicle insurance?

[zeke]

There was no forced entry. A bailiff knocked on the door, the door was opened, bailiff moved towards the person opening the door and gets nutted.

I would expect that anyone must have insurance if he is to carry people in a vehicle for commercial gain.

[Will Goodfellow]

There was no forced entry.

You've missed the point. You claimed that bailiffs have no powers of arrest, that is not the case. Where they are authorised officers enforcing an arrest warrant, they do have powers of arrest. They can force entry and use reasonable force to arrest someone, perform a body search and bring the person before the magistrates. You then stated that the bailiff would not be able to transport the debtor to the magistrates court as their vehicles do not have the correct vehicle insurance. That is ludicrous considering they have the right to force entry and arrest someone.

You said that in your experience a warrant is issued to find out where a person is, that is not the experience of many people who have been arrested by bailiffs and taken to the court.

[zeke]

I've never had a client "arrested" by a company.

A false arrest client is where police made an arrest under false pretendes, and they go to a specialist law firm.

The no bail warrant does not confer a power of arrest. Section 117 of the Magistrates Courts Act 1980.

[Will Goodfellow]

The no bail warrant does not confer a power of arrest. Section 117 of the Magistrates Courts Act 1980.

A "no bail" warrant is usually called a 'warrant without bail' and as is suggested, there is no bail. The debtor is arrested and brought before the court.

A warrant with bail is where the debtor is arrested than released on bail with the condition that the debtor attends the court at a later date. There is a power of arrest but bail is then granted.

[zeke]

I've never seen a bailiff attempt an arrest in the exercise of a no-bail warrant. The scuffles are a result of threats of an arrest or the bailiff is confrontational and gets nutted in self-defence.

I'm not saying arrests don't happen, but I don't come across it often.

[delta157]

I've never seen a bailiff attempt an arrest in the exercise of a no-bail warrant. The scuffles are a result of threats of an arrest or the bailiff is confrontational and gets nutted in self-defence.

I'm not saying arrests don't happen, but I don't come across it often.

Civilian Enforcement Officers - enforce certain magistrates' and crown court orders and can execute warrants of arrest. Can arrest without notice or give you time to pay the debt.

https://leics.police.uk/contact-us/faq/Q578

[zeke]

Leicester police has made a factual error in its advice and is addressed to debtors, not third parties.

When property is being seized, it is your responsibility to prove if any does not belong to you

No it's not.

Debtors will let bailiffs take other peoples goods. The creditor just gets the bill when the owner claims it. CPR85

Civilian Enforcement Officers - enforce certain magistrates' and crown court orders and can execute warrants of arrest. Can arrest without notice or give you time to pay the debt.

Bailiff's taking control of goods are Enforcement AGENTS (not officers). Section 63 of the Tribunals Courts and Enforcement Act 2007.

Nothing there says bailiffs (enforcement agents) have the power to arrest, let alone detain and transport prisoners.

Marston has given it a go, but a bailiff trying an arrest was bopped by a debtor.

[delta157]

It does make for interesting reading when even the 'Professional's' make information available.

When a bench warrant is issued it's a whole different kettle of fish.

Part 13. Crim. Proc Rules 2015 as ammended 2018 clarifies what, when, where and by whom can execute the warrants.

Anyways.....