marstons - 2 £85 court fines now £850 - help

[Meadowway]

Can someone help? I have had marston group round to see me over in paid court fines, both the original fines were 85 pounds each, I have had a baliff round saying I now owe him 825 pounds wich if I don't pay today he Will remove goods can he do this?

 

Thanks

[Meadowway]

Can someone help? I have had marston group round to see me over an paid court fines, both the original fines were 85 pounds each, I have had a baliff round saying I now owe him 825 pounds wich if I don't pay today he Will remove goods can he do this?

 

I read somewhere that if it's for court fines they can not collect their fees, I rang marstons they said they will not make any agreement and the whole amount has tobe paid today, I was thinking about going to the courts to see about N245 to suspend both warrants but if they can not collect their fees I will pay the 170 today, but the baliff says he will only accept payment in full

 

 

Any help greatly received

 

Thanks

[dx100uk]

own thread created

 

dx

[hallowitch]

did you know you had been fine before marstons bailiff turned up at your door (have you moved home)

 

you should have recived 1 letter from the court (for each fine) and 1 letter from marstons before the baillif visit

[Meadowway]

Hi thanks for your reply. No I had moved so have not received any information on these fines. When I told Marstons this they said well you must have known you had a fine!

[tomtubby]

Given the amounts of the fines, I am assuming that they were Fixed Panelty Notices. If you had not received the original notices then you are legally entitled to make a Statutory Declaration with the relevant office or court that is dealing with this matter. The effect of this will be to REVOKE the Distress Warrant. This will cancel bailiff action and the fees would have to be removed.

 

On the matter of the bailiff charging "multiple fees", I have a commercial business advising the public with bailiff enquiries and 2 years ago, I wrote to Her Majestys Court Service in London on exactly this point and the response that I had back from an individual who was very much involved in awarding the Contract to Marston Group/Philips etc is as follows:

 

"If this is taking place then we WOULD NOT BE HAPPY. Please direct any individual complaints to the relevant HMCS Contract Manager and this will be investigated".

I have sent you a PM (Message).

[tomtubby]

I also found the following this morning from a Contract which could assist:

 

 

 

Where multiple Warrants are outstanding in respect of the same Customer, the Service provider shall ensure that when visiting the customer it seeks to enforce all such warrants provided that visits may at that time be undertaken in accordance with the Enforcement Action Procedure, and shall only apply the relevant Enforcement Fee for each visit to one such warrant and not every warrant in respect of which execution is sought.

[Meadowway]

Hello and thank you for your swift reply. I have received no notifaction at all from them ref the fines. He has been again this morning and I spoke to him outside and refused him entry to the house as I was trying to take my kids to school, I asked him to be a little more reasonable as to the time of day. He laughed at me and said I have been more than reasonable I am here to execute a warrent my hands are tied. I asked him to provide me with the letters from the company about said fines and he said he does not have them. So I locked the door and took kids to school.

 

On returning I found a letter from him saying that as he was refused enrty he will return under schedule 4a of the domestic voilence, crime and victims act enable him to enter the property by force using a locksmith where required.

 

He says I cant have any time to pay its all now.

[Meadowway]

I have now made a stat dec and faxed them over the court told me to contact bailiff and inform them, to which I have done, his reply. To late pal the authority to force entry was granted about twenty mins ago, so I'll be attending the property shortly!

 

So fingers crossed it was about two hours ago.

[ploddertom]

He'll be crying into his milk as he will have seen his dodgy fees he was hoping to get go out of the window. Believe me he is talking porkies. He may well visit still but do as you did earlier. The Court should have informed the Bailiffs.

 

PT

[brassnecked]

If he does attend now you are quite within your rights to call the police to have him removed, if the police then mistakenly aid the bailiff to come into your property, it's complaints and compensation time imho

[Meadowway]

Hi sorry to keep hassling you the bailff returned this morning with the police to excute this warrant, I explained the situation about the stat dec. He said the courts had denied it. On speaking to the court this morning they have informed me it is with a legal adviser and they had not looked at it yet, and they will inform me in writing if I can see the magistrates to explain.

 

Would this be the case ? I feel the whole reason for him knocking the door at 0700 this morning was because he didnt want the court to have time to contact them?

 

The warrant had a different address on it form the house I was at when they knocked, they said it doesn't matter the police officer with him questioned it and made a phone call outside and which I didn't hear the outcome of, although my partner did and the gist was that because I opened the door it didn't matter.

 

Marston office said that authority was granted yesterday at 1630 to enter the address the execute the warrant. If Stat Dec stands up they will refund the money.

 

It just seems daylight robbery for an £85 fine to have forked out £360 this morning. The breakdown of their fees is Compliance fee £75 Attendance Fee £200. If you were struggling to pay £85 how the hell can you then pay an extra £275 on top, when under the threat of goods removal, saying that my car would cover everything and and he would need tv car £800 bike laptop ipad etc etc, and then would poss still have to come back to cover expenses on the rest of the outsanding goods esp if I contest it for storage fees and vehicle removal of £150 + £20 storage a day and then another £150 delivery to the auction house and then the auctioneer 15% cost's.

 

Sorry if this is all over the place just fuming is an understatement!

 

Sorry to keep hassling you.

[brassnecked]

You are not hassling anybody Meadowway I think the bailiff acted quickly to try to stop you preventing him loading fees, others will be along soon, hopefully ploddertom ,or tomtubby will be watching, Try not to stress as it prevents you thinking clearly, this can be sorted, but it will take a little more time.

[ploddertom]

Hi sorry to keep hassling you the bailff returned this morning with the police to excute this warrant, I explained the situation about the stat dec. He said the courts had denied it. Was this heard by by the attending Officers - if so you have proof of him lying and overestimating his powers - On speaking to the court this morning they have informed me it is with a legal adviser and they had not looked at it yet, and they will inform me in writing if I can see the magistrates to explain.

 

Would this be the case ? I feel the whole reason for him knocking the door at 0700 this morning was because he didnt want the court to have time to contact them? I'd go with that.

The warrant had a different address on it form the house I was at when they knocked, they said it doesn't matter the police officer with him questioned it and made a phone call outside and which I didn't hear the outcome of, although my partner did and the gist was that because I opened the door it didn't matter. Think I'd be asking who he rang and why - seems to suggest they sent a woodentop who hasn't a clue.

Marston office said that authority was granted yesterday at 1630 to enter the address the execute the warrant. Doubt that very much especially for 2 x low fines - ask for proof of this being done. If Stat Dec stands up they will refund the money.

 

It just seems daylight robbery for an £85 fine to have forked out £360 this morning. The breakdown of their fees is Compliance fee £75 Attendance Fee £200. If you were struggling to pay £85 how the hell can you then pay an extra £275 on top, when under the threat of goods removal, saying that my car would cover everything and and he would need tv car £800 bike laptop ipad etc etc, and then would poss still have to come back to cover expenses on the rest of the outsanding goods esp if I contest it for storage fees and vehicle removal of £150 + £20 storage a day and then another £150 delivery to the auction house and then the auctioneer 15% cost's. At least Dick Turpin wore a mask - seriously though I agree with your comments and at that time in the morning it is very difficult to know what to do.

 

Sorry if this is all over the place just fuming is an understatement!

 

Sorry to keep hassling you.

 

PT

[Meadowway]

I explained the situation about the stat dec. He said the courts had denied it. Was this heard by by the attending Officers - if so you have proof of him lying and overestimating his powers >

 

 

police officer with him questioned it and made a phone call outside and which I didn't hear the outcome of, although my partner did and the gist was that because I opened the door it didn't matter. Think I'd be asking who he rang and why - seems to suggest they sent a woodentop who hasn't a clue.

 

 

Marston office said that authority was granted yesterday at 1630 to enter the address the execute the warrant. Doubt that very much especially for 2 x low fines - ask for proof of this being done. I am waiting for the court fines officer to contact me back. Marston's said some one called Emma at Mags Court MK

[Meadowway]

I explained the situation about the stat dec. He said the courts had denied it. Was this heard by by the attending Officers - if so you have proof of him lying and overestimating his powers >

 

 

police officer with him questioned it and made a phone call outside and which I didn't hear the outcome of, although my partner did and the gist was that because I opened the door it didn't matter. Think I'd be asking who he rang and why - seems to suggest they sent a woodentop who hasn't a clue.

 

 

Marston office said that authority was granted yesterday at 1630 to enter the address the execute the warrant. Doubt that very much especially for 2 x low fines - ask for proof of this being done. I am waiting for the court fines officer to contact me back. Marston's said some one called Emma at Mags Court MK

[tomtubby]

I am VERY dissapointed indeed to hear that the bailiff refused to accept that you had submitted a Statutory Declaration.

 

The reason for this is because, the Contract that each of the 4 enforcement companies (Philips, Marston, Swift & Excel) have with HMCS to enforce these fines clearly provides under paragraph 6.40 the following:

 

The Contractor shall not take any action to levy distress without prior reference to the court if the Defaulter:

 

"Claims to have made a statutory declaration......

[brassnecked]

For clarity TT in the face of the evidence, if bailiffs did indeed take everything away, in spite of the Stat dec what would be the legal position regarding the fees and levy, would they be unlawful?

[tomtubby]

If s Statutory Declaration is accepted, this will REVOKE the conviction, fines, costs, surcharges, endorsements ( on a licence), collection order, further steps notice and any bailiff enforcement such as a distress warrant. Anything paid has to be repaid or otherwise undone ( such a removing endorsements on a driving licence).

 

I would not go so far as to say that fees and a levy would be unlawful.

 

However, in order to avoid such a complaint being made, the bailiff should ABIDE by Clause 6.40 of the Contract.....

 

I have taken up the matter of Statutory Declaration with HMCS a few months ago and their response is to CONFIRM that the fees charged by the bailiff will of course be REPAID. The amount of the fine etc will also be repaid.