Marston for HMCTS

[Fireinmybelly]

Morning

I was woken up this morning by a few knocks on the door at 7.15am.

I didn't open the door but a hand delivered letter ("Important Notice") has been posted from Marston for my partner,

for a speeding fine that he WAS paying.

 

My Partner tells me he was never able to set this up as a DD and had forgotten about it. He's paid £160.00 of a £350.00 fine.

 

The letter states that the bailiff had intended to remove goods (the house and contents are genuinely mine, and I have some receipts and banks statements to prove this)

unless the total amount of £490 is paid immediately.

 

This is in respect of the outstanding sum, and warrants issued

 

Fine £190.00

Admin Fee £85.00

Attendance Costs £215.00

 

There is a mobile number and a name. I have checked the name of the list of authorised collectors and it is coming up as unknown.

 

There isn't a copy of a distress warrant or a list of fines

 

after calling said BF at work and having a rant (I'm no angel, but I am 7.5 months pregnant and didn't like being woken up at 7.15am)

he tells me that he had spoken with the courts who said because he had missed a payment and so they couldn't deal with him and he would hear from a collection agency.

 

I went on to Marston website to pay the fine only, using the reference number and name, but it is saying unavailable and to call their office number.

 

This is the first letter from Marston he has received,

and I was under the impression that 2 letters had to be delivered before fees would be applied

and that the cost of the fees shouldn't exceed the original fine

but I'm getting confused with what I am reading now in relation to HMCTS fines.

 

Can a bailiff collecting for HMCTS force their way in to the property? Do the fees have to be paid?

 

Any advice would be appreciated!

Edited July 17, 2012 by Fireinmybelly
wording error

[Fireinmybelly]

Hi

I've woken up to something today for my partner,

 

(hand delivered letter) missed one payment with the court.

 

He was told he couldn't pay DD, so was paying over the phone.

 

The bailiff will come, but I've read they need to take a lot more legal action before they can come and remove goods.

 

I'm just writing a letter to Marston and posting it with a cheque recorded delivery today.

 

I have read under The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993

they can charge £10.00 for each letter and only 20% of the fine if over £100.00 so we are sending a cheque for £238.00.

 

We have ignored the hand delivered letter today, but did check the bailiff name on the Certified Bailiffs Register,

and guess what, he's not on there.

 

I've not received a copy of the court warrant, or a list of bailiff charges.

 

I'm 7.5 months pregnant, so don't really need the stress but I won't let this underhand terrorists win this one!

[renegadeimp]

If he's not a registered bailiff, you MUST report him. No ifs, no ands, no buts.

[dx100uk]

if you are pregnant then game over for the bailiff and his 'fees'

 

you MUST contact the court tomorrow FIRST THING.

 

and CANCEL that cheque or ANY payment to the BAILIFF,

 

PAY THE COURT DIRECT, whist on the phone too.

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

.

Vulnerable situations

•

Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.

•

Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.

•

Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.

•

Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.

•

Those who might be potentially vulnerable include:

'

the elderly;

'

people with a disability;

'

the seriously ill;

'

the recently bereaved;

'

single parent families;

'

pregnant women;

'

unemployed people; and,

'

those who have obvious difficulty in understanding, speaking or reading English.

 

this applies to the whole HOUSEHOLD 'a' vunerable person resides there.

 

x

[old bill]

No, Marstons cannot force their way into your home without a signed and sealed order from a court. They would also have to have the police with them. A Warrant Officer (who is employed by HMCTS) can force entry when accompanied by a warranted police officer.

 

The fees quoted are correct.

 

If the bailiff is not certificated, this needs to be reported to the Ministry of Justice by email to cbregister@hmcts.gsi.gov.uk, inserting the words PERSON ACTING AS BAILIFF WHEN NOT CERTIFICATED in the subject box. Also, send an email to the OFT's Credit Fitness team at enquiries@oft.gsi.gov.uk, inserting the words CREDIT FITNESS in the subject box. You will need to quote Marstons CRN (Company Registration No.) which is 02512508. Marstons' registered name is Marston Group Limited. Give clear and concise details of your complaint in the email.

 

You should also bring this matter to the attention of the following at the MoJ -

 

Rt Hon Kenneth Clarke PC QC MP (Lord Chancellor & Secretary of State)

Rt Hon Jonathan Djanogly MP (Minister of State)[Portfolio includes HMCTS and Bailiffs]

Sir Suma Chakrabarti KCB (Permanent Secretary)

 

The postal address for the MoJ is -

 

102 Petty France

London

SW1H 9AJ

 

Also, contact your local MP.

[Fireinmybelly]

Thanks for the advice guys. I've reported the bailiff, but guess what... today my partner has received a letter, dated 2nd August, for a removal notice and stating the amount owing is £490.00 unless it is paid immediately. It wasn't hand delivered but was printed and posted from their head office.

 

We sent a cheque recorded delivery and this was received and signed for 18th July. Nothing further has been received from Marstons even though a letter asked for a break down of all costs, and because my partner was told a much lower fee on the phone, and confirmation they had received it. Are they allowed to completely ignore it. Common Sense almost says they would cash it and then argue the remaining fees, if any do actually exist, with us.

 

What happens if they have chosen not to process the cheque and I have a Royal Mail print out that it was signed. We did contact the court who were not interested because they said it's in the hands of the debt collector.

 

Marstons appear not to negotiate on payments and it's all or nothing with them. Where do we stand because I am pregnant but it's not my debt. Is the household still vulnerable. Sadly we looked at all the bits around my house (in my name) and the furniture, and as I've been here 7 years and my partner less than 2 it is all mine and I could provide bank statements to show I paid it. I keep them forever!

 

Any advice on how to proceed because we are NOT paying them £490.00. How can they charge for these fees without providing reasons why?

 

Getting desperate to sort this out!

[hallowitch]

he should have received a further steps notice from the court saying bring your account up to date /pay balance within 14 days or we will send it to bailiffs

he should have also received a letter from marstons asking for payment (thats what they have charged £85 for)

 

as far as I'm aware (and i think I'm right on this) unless they levy/remove goods they can only charge

1 letter fee £85

1 visit fee £215

[Fireinmybelly]

Thank you.

I think I'm just going to give up and let them take some furniture. We don't have the money to pay and he hasn't received any letters from Marstons for ages. It's not worth the stress especially when i have 8 weeks until I have a baby.

The lesson is he should have paid the fine in the first place.

Thanks

[ploddertom]

Have you checked to see if the cheque has been cashed?

[old bill]

If Marstons have not cashed the cheque and are claiming non-payment, they are committing the offence of Fraud by Withholding Information, contrary to Section 3, Fraud Act 2006. Also, HMTCS are 100% vicariously-liable for Marstons' action. Under no circumstances let Marstons in. Your boyfriend MUST go back to the court and let them know what is happening. You also need to obtain the name and office address and telephone number of the HMCTS Regional Manager and report this immediately. Something seriously-wrong is going on here.

[brassnecked]

Time that the muppets in the Westminster bubble woke up and smelled the coffee and acted on information sent regarding unlawful actions by Certificated bailiffs under contract to HMCS, and Local Councils for council tax collection.

 

In Op's case she must immeidiately check to see if the payment has been cashed, if it has, Formal Complaints to the court manager, and the MOJ, if not still complain as per oldbill, and DO NOT let the scrotes in. there are probably more honest people in prison than some of the scrotes employed by the likes of Marstons

Edited August 5, 2012 by brassnecked

[hallowitch]

Thank you.

I think I'm just going to give up and let them take some furniture. We don't have the money to pay and he hasn't received any letters from Marstons for ages. It's not worth the stress especially when i have 8 weeks until I have a baby.

The lesson is he should have paid the fine in the first place.

Thanks

 

You are kidding they wont take some of your furniture they will take it all TV,Laptop/PC, Posh phones, DVD Games consoles/games ,jewelry ETC

then they will start on your furniture If your very very lucky they might not remove exempt goods but they wouldn't be the first bailiff to remove a washing machine they will even take your toaster,kettle,microwave. e.c.t. and he wont be to fussed about receipts in your name he would swear black was white say you didn't show/tell him they were your goods

 

YOU will pay a levy fee, removal fee (i believe the removal fee for this is £300+ all electrical goods Will have to tested before the sale YOU pay for this your goods will be stored for 5 days before sale YOU pay for this your goods will be sold auction YOU pay the auction fee anything that attracts a V.A.T.YOU pay this charge

 

you owe the court £190 this must be paid before the bailiffs fees you have fees of £300 to date your goods will sell for 10% of there value at auction

 

I'm not slating your possessions but Furniture , T.Vs, games consoles are 10 a penny at auction these days

 

the bailiff wont be left out of pocket and if he thinks he needs to empty your house to achieve this he will

 

 

get him to go to the court and ask for a means hearing

how long has this been with marstons a distress warrant only lasts 180 days

 

you say all the things are yours because he moved in with you then you should go to a solicitor and ask him to do a statuary declaration cost is £5/10

this will protect your goods you photo copy it and send it to marstons Recorded delivery you do not let the bailiff in when he comes back keep your door locked and pass him a copy through the letter box

 

will post up a stat dec when find it unless someone beats me to it

[brassnecked]

Fireinmybelly, you heard what hallowitch has said, Stat Dec first thing Monday, and don't let the scrotes in

[old bill]

If the scrote, sorry, bailiff is not registered, anything he/she does is potentially unlawful/illegal and any levy, etc., is potentially unenforceable. As Renegade Imp as urged you to do, report the bailiff, WITHOUT FAIL, to cbregister@hmcts.gsi.gov.uk inserting the words PERSON ACTING AS BAILIFF WHEN NOT CERTIFICATED in the subject box. Give a clear and concise resume fo your complaint. Also, your OH needs to make a formal complaint to the HMCTS Regional Manager who monitors The Muppets from Marstons as they have a contract with HMCTS for enforcement of court fines. Also , your OH should report Marstons to the OFT Credit Fitness Team by email to enquiries@oft.gsi.gov.uk and insert the words CREDIT FITNESS in the subject box. Give a clear and concise resume of your complaint. Include the following details in your complaint -

 

Company Name: Marston Group Ltd

Credit Licence No.: 333059

 

Your OH also needs to make a formal complaint to your local Trading Standards Department.

[hallowitch]

STATUTORY DECLARATION

I/We____________________________ ______________

address_________________________________________________

_______________________________________________________

make the following declaration under the Statutory Declarations Act 1959:

All items contained within the property at the above address and within it's boundaries, are owned by Mr XXX XXXX (& Mrs XXX XXXX) . There are no items within the property or it's boundaries belonging to any other person.

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

Signed:

Declared at___________________on__________________of 20___

Before me,

Full Name___________________________Qualification____________

Address__________________________________________________

of person before whom the declaration is made (in printed letters)

[Sir Vere Brayne d'Emmidge]

Fireinmybelly your partner must let the bailiff that you are pregnant and be prepared to show your maternity hospital folder as proof. If the bailiff does not cease enforcing the warrant you can call the Police and tell them that this person is causing you undue distress.

[maroondevo52]

Hello and Welcome Sir Vere Brayne d'Emmidge.

 

This threads about 12 months old, not sure you'll get a reply from Fireinmybelly.

 

Regards,

 

Scott.

[renegadeimp]

Edited: Beaten by the crazy scotsman.

[Sir Vere Brayne d'Emmidge]

Heck.....I did not notice the year hahahaha:oops:

[maroondevo52]

Edited: Beaten by the crazy scotsman.

 

Having a look, noticed Fireinmybelly was on-line on the 1st of this month, so maybe a reply will be in the offing.

[maroondevo52]

Heck.....I did not notice the year hahahaha:oops:

 

No probs, done it myself

[Sir Vere Brayne d'Emmidge]

By now the warrant is well out of date