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Man dies during visit by bailiff

A 78-year-old man from Accrington collapsed and died from a heart attack after being taken to a cash machine by a bailiff to pay a £60 speeding fine.

Retired pub landlord Andy Miller had only been released from hospital a fortnight before following an earlier heart attack in October.

Mr Miller's family said they had told the Lancashire magistrates who ordered the bailiffs about his health problems.

Justice Minister Jack Straw has ordered an inquiry into Mr Miller's death.

The bailiff called at his house in India Street on 7 January and persuaded him to get into his car and go to Accrington town centre.

The father-of-five collapsed on his way to a cash machine while the bailiff parked and waited for the money.

'Under duress'

The death is not being treated as suspicious.

His son, Mick, 48, from Lower Darwen, Blackburn, said: "We made countless phone calls and sent numerous letters to the court to tell them about dad's stay in hospital.

"The bailiff called at his house and said he had to make a payment, otherwise they would bring a delivery van and locksmith. He said they would get into the property and take goods and there was nothing he could do about it.

"My father then agreed to be driven to get some cash. I believe he was put under duress. We just want some answers as to why the bailiffs were called in."

The pensioner spent 10 days in a coma when he suffered a stroke following his heart attack at the Blackburn Rovers football ground, Ewood Park, on 25 October.

He left hospital just before Christmas to spend time with his family.

Magistrates in Blackpool gave permission for the bailiffs to collect the debt, which included £300 costs which arose from the speeding offence committed on the M55 motorway.

Hyndburn MP Greg Pope referred the case to Mr Straw who has ordered an investigation.

'Our condolences'

Mr Pope said: "There are many things about this case which require an answer. Why didn't the court service take into account that Mr Miller was in poor health?

"There needs to be some sort of answer to that question and I hope the court service will come forward and do that."

A spokesman for Her Majesty's Courts Service said: "We offer our condolences to Mr Miller's family.

"At the request of the local MP, Greg Pope, we will conduct an investigation into the circumstances around this and will report back to the family and MP."

Mr Miller had been released from a two-month stay in hospital a fortnight before after suffering a heart attack at Ewood Park before a Blackburn Rovers game.

His son, Mick, 48, said the family had written to the court to explain why Mr Miller had not paid the overdue £60 speeding fine for an offence committed on the M55.

But Blackpool magistrates still gave permission for the bailiff to go to his home in India Street, Accrington.

The court also added on £290 to what Mr Miller owed in court costs.

The official went round on January 7 and asked Mr Miller, a former landlord of the Cabin End pub in Knuzden, to visit a cashpoint and pay the fine, his family said.

Father-of-five Mr Miller was driven to Accrington town centre. The bailiff parked up and waited for Mr Miller, but he collapsed in Union Street before he reached a cashpoint.

Greg Pope, Hyndburn MP, said he was so concerned by the case that he brought it to the attention of Mr Straw who ordered the investigation.

He said: “There are many things about this case which require an answer. Why didn't the court service take into account that Mr Miller was in poor health? There needs to be some sort of answer to that question and I hope the court service will come forward and do that.”

After a heart attack on October 25, the former Blackburn town centre, Barrow and Knuzden pub landlord suffered a stroke and was in a coma for 10 days.

He was allowed home on Christmas Eve, his birthday, to spend the festive season with his family.

His son Mick said he wanted answers from court bosses as their letter told them his father was suffering from memory loss and confusion.

Mick, who lives in Lower Darwen, said: “Bailiffs should not be allowed to behave like this.