distress warrant

[red pirate]

help have i been conned ?iwas fined for useing a hand held device and fined on the spot 3 points and £60 but was unable to pay it straight away so it went up to £90 i paid it in sept 26 2011 thought no more of it until 9 5 2012 when i get a hand delivered final notice by some bailiffs named marstons to pay them £300 or they'll be back today so they came back so i ask them to remove himself off my property 10 minutes later hes back with the police all 3 of them he then states i have 30 mins to pay him or a losksmith will be out to force entry and remove goods to the value of £300 no wanting to cause a scene i paid him £300 for so called late payment charges he gave me a copy of a distress warrant but could he or was he acting legally and could he brake into my property or has he blagged me and can i do enything about it because hes left me high and dry till next week at no point did he enter my property as i was only speaking to him through a locked window at no point did i let him into my property

[aledsav]

hopefully some1 will answer ya but all i goota say is sick!

[red pirate]

am feeling sick myself after having a look on here alls i had to do was ignore them and they would of gone away but the threat of a locksmith and the mrs made me pay do not now if they could of gained entry though

[red pirate]

All's am needing to put my mind at rest is can they have a locksmith break into my home please people it driving me nuts here because on the distress warrant it by order of the court justice of the peace (clerk to the court) without a wet signature or mags name even the removal notice by marston lacks a wet signature

[red pirate]

Thank you for your input so i was well and truely hoodwinked into paying £300 can i claim this back because the fine was only £90 witch the court told me they have recived so have i paid this twice £390 seem a tage excessive

[biodegradablepsycho]

I am only a newbie so i dont know much but given you had paid the fine in full i think you have claims not only for recompence but also for harrasment and demanding money with menaces which the police were complicit in. The bailiff in front of police made a threat of breaking in, forcing entry and removing goods. To be honest you should have asked the cops if they were honouring their oath ? As they were there i suspect for nothing more than keeping the peace they should have intervened when a threat to breach that peace was made. Personally i would advise anyone to get some sort of video recording device for these situations. I always keep a laminated copy of a constables oath on me at all times as a reminder to me and them what they swore to uphold.

[red pirate]

I asked the police was he on his oath he implied I didn't no what I was on about also he was telling me the bailiff was asking me to comply with the bailiff the only reason I paid was my 3 year old daughter was becoming distressed I took all the police officers numbers and the reg plate of the bailiffs car can I do enything about the police and or the bailiff

[frogmanbrabs]

If they had broken into your home they would have been guilty of breaking and entering. If the Police didn't stop them then they would be aideing and abetting to the crime. The best thing to do in this situation is to pay with a credit card and sign the receipt with the words signed under duress. Then claim the money back from the card company. Did you get the police's numbers and i.d. if so follow it up with the chief superintendent and if you get no joy then write to your local mp.
All in all don't let these people intimidate you, remember the police are public servants and have sworn an oath to uphold the law and protect the public.

[ManicD]

It sounds to me they may have harassed you into paying a debt that you did not owe.

You never owed the bailiff a penny, you only ever owed the courts money, it would be a landmark case, but you could potentially take the bailiff to court for harassment, maybe theft, maybe even robbery as he forced you to pay under duress.

[frogmanbrabs]

Would issuing a lien on them work if all else fails?