Help with Marston High Court Enforcement Officers & Certified Bailiffs

[tony12uk]

Hi All

 

I need help in how to reply to a letter that I will detail in full below. Basically it was a speeding offence and I was fined £85 but I struggled to even pay that. Well today I received a letter from Marston where they have also added £75 fees on top just for sending me this one letter. I was planning on paying the original fine of £85 this Friday when I get paid and I've done overtime to cover this payment. I cannot afford this extra charge as well which seem very very over the top when they actually haven't done anything yet.

 

The letter reads 'We are in possession of a Magistrates Court Order as a consequence of non payment of the above amount. We are instructed to demand immediate payment in FULL from you. We must inform you that unless the TOTAL sum due is paid into our office within 7 days of the date of this letter, our bailiffs will attend to levy distress and remove your goods for sale by PUBLIC AUCTION. This action will involve minimum further costs of £200. '

 

Then in big red capitals - NO REMINDERS WILL BE ISSUED.

 

Please help someone.

 

Thanks in advice.

 

Tony

[rebel11]

Hi tony

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[tony12uk]

Thank you Rebel

[tomtubby]

Hi All

 

I need help in how to reply to a letter that I will detail in full below. Basically it was a speeding offence and I was fined £85 but I struggled to even pay that. Well today I received a letter from Marston where they have also added £75 fees on top just for sending me this one letter. I was planning on paying the original fine of £85 this Friday when I get paid and I've done overtime to cover this payment. I cannot afford this extra charge as well which seem very very over the top when they actually haven't done anything yet.

 

The letter reads 'We are in possession of a Magistrates Court Order as a consequence of non payment of the above amount. We are instructed to demand immediate payment in FULL from you. We must inform you that unless the TOTAL sum due is paid into our office within 7 days of the date of this letter, our bailiffs will attend to levy distress and remove your goods for sale by PUBLIC AUCTION. This action will involve minimum further costs of £200. '

 

Then in big red capitals - NO REMINDERS WILL BE ISSUED.

 

Please help someone.

 

Thanks in advice.

 

Tony

 

When you have the fine it is VERY important that you talk to the Fines Office to make them aware that you have difficulty paying and nearly always, they will agree to accept payments on a weekly or monthly basis and for a debt this size, you could have arranged payments of approx £20 per month.

 

Unless an agreement is made, the debt is passed to either Philips Ltd or Marston Group and HMCS have agreed that they can charge an admin fee of £75 TOGETHER with a further charge of £200 if a visit is made.

 

The company are permitted by their contract with HMCS to accept payments over a maximum period of 6 months. You MUST ensure that contact is made as otherwise you will be liabile for the visit fee of £200 as well.

[fork-it]

Marston where they have also added £75 fees on top just for sending me this one letter

 

. This action will involve minimum further costs of £200. '

 

There is no legislation that enables bailiffs to charge you £75 to send a letter and £200 for further work. There is a contract between the bailiff company and HMCS that sets the fees, but read the text carefully and nothing there says the bailiffs can increase the amount you are fined.

 

This is the official advice from the Court service. You only pay the fine and nothing else. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts

 

If you have already paid the £75/£200 then contact the Court Manager and ask for your money back, or ask the Parliamentary Ombudsman to intervene.

 

This poster contacted the Magistrates court manager about a bailiff (Phillips) who charged her "fees" for collecing an unpaid fine - and miraculously, Phillips made the fees dissappear,

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/229873-help-philips.html#post2547500

 

And this poster recovered his fees from the bailiffs for a Bus Lane fine after filing a Form N1 in the county court naming the bailiffs as the defendant. The bailiffs refunded all the fees, but only on condition of no adverse publicity against them.

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/254610-n244-county-court-action-2.html

[Tingy]

Road Traffic (parking penalties)

 

Fees

 

For preparing and sending a letter advising the client that a warrant is with bailiff and requesting the sum due -----------------------------------------£11.20

 

For levying distress where the sum due is not more than £100----- £28.00

For levying distress where the sum due is more than £100 ---------28% on the first £200 and 5.5% on any sum over £200.

 

For attending to levy distress but where no levy is made------------ Reasonable costs, but not more than the fees that could be charged if a levy were made.

 

The fee for sending a letter to the debtor can be charged only if the letter is sent before a first visit is made.

 

Bailiffs are allowed to charge the fees for a maximum of three visits only.

 

Charges

 

Walking possession -------------------------------55p each day for the first 14 days and 5p a day after that.

Valuation ---------------------------------------- Reasonable fees, charges and expenses of the broker.

Removing goods or attending to remove goods where no goods are removed -Reasonable costs and charges.

Sale of goods ----------------15% of the proceeds of sale if the sale is held on auctioneer's premises to cover the auctioneers commission and out-of-pocket expenses, plus the reasonable cost of advertising, removal and storage.

 

OR

 

7.5% of the proceeds of sale where the sale is held on the debtor's premises to cover the auctioneer's commission, plus out-of-pocket expenses actually and reasonably incurred.

[fork-it]

The letter reads 'We are in possession of a Magistrates Court Order as a consequence of non payment of the above amount.

 

Ask to see it.

 

If he doesnt comply then contact police and make a complaint under Section 40(4) of the Administration of Justice Act 1970.