Marston visit after unpaid court fines

[AWright]

Hello all, I am new to this forum and need some urgent advice please, quite a few yrs ago I got into trouble for various motoring offences, I was unemployed at the time and the court fines I received were somewhere over £1000, because I was unemployed the payments were taken out of my social security payments then later my JSA and all was well, I started working a couple of yrs ago and had to make payments out of my wages (£5 pw as I'm on a low wage) my payments always got paid though not always on time sometimes I would pay every wk other times I wouldn't pay for a couple of wks then pay the arrears to catch up again and the courts seemed fine with this so I guess I became a little lax with my payments, over Christmas last yr, I knew I had gotten behind with my payments so I paid £30 (phone call, automated service) and thought I was probably up to date again, then yesterday a man from Marstons came round and issued me with a final notice unless my fines are paid in full he will remove my goods for sale sometime this wk, I didn't let him into my house although he asked and he left.

I immediately called the courts but the man I spoke to was very unhelpful and told me to deal with Marstons, I asked him if Marstons could use a locksmith to get into my home and he told me 'of course, you haven't paid your fines' he also told me that the final notice letter had been returned to the courts (I'd changed address) which was my fault because I hadn't told them my new address.

I called the bailiff who had visited me and asked if I could make payments, he said no and he'd be back this wk to take my belongings. Last night I found your forum and read for hrs but still not sure what to do next, called the court again today and spoke to a nice lady who told me even though I hadn't received a final steps letter it was out of their hands and I would have to deal with Marstons, I asked her how much I owe on the original fines and exactly what they were for, she told me the amount owing is £510 for driving without insurance x 2, keeping a motor vehicle on the road without tax and not wearing a seatbelt. Marstons are asking for £810.50

Should I carry on making payments to the court? beg Marstons for more time to pay or what? can they get a locksmith to let them into my house as my debt is from court fines (there seem to be many conflicting answers to this) do I have to pay the extra £300.50 added by Marstons? Don't know where to turn and I'm worried sick, any advice would be greatly appreciated,

Many thanks

[AWright]

Forgot to say I have to vacate the rented property I am in at the end of this month and I'm going to be staying with friends and don't want this following me.

[unclebulgaria67]

These are fines, so Marstons will be contracted by the court to arrange payment. So in this situation, you should make a payment to Marstons and write to them stating what you are able to pay as a regular payment. Ask them for an income/expenditure sheet, so they can see you are paying what you can afford.

 

Do Marstons have an online payment system, you can go into make a payment for what you can currently afford ? Have a look.

 

If you have any problems, phone Citizens Advice.

[wonkeydonkey]

I appreciate you are anxious and of course the fine needs to be paid...your problem is you do not have the resources to pay it in one lump sum.

 

As the final steps notice was sent to an old address you can make a stat dec to not having received it. If that is accepted the fine will be reversed to the amount owed before Marstons came to join the party, maths 'R not me' but I can see you claim to owe approx £500 to the actual fine and that would also be out of your reach, you can, if successful with the stat dec, ask the Court to agree repayment set at an affordable rate. I would suggest you prepare an I&E and submit it along with the former.

 

In a worse case scenario ...you could continue to pay the court until such times as they block your payments, then it becomes a case of battening down the hatches to deny the bailiff access to your home/goods. Eventually you will be summoned to return to court to explain yourself to the non payments, that allows you to speak up and tell them your story, they will in all likely hood set you a new payment plan ....yes, stupid I know as that is what you will have already been trying to do!!!!!!!!

[AWright]

Hi, thank you for your replies, how do I make a stat dec please?

[renegadeimp]

Hi, thank you for your replies, how do I make a stat dec please?

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?378651-HCEO-advice-re-my-sons-debt&p=4147314&viewfull=1#post4147314

[AWright]

Hi again,

the link above is for a stat dec stating all items in the property belong to someone else, in my case this is not so, please could someone tell me what I need to write and to whom to make a stat dec saying I didn't receive a final steps notice. Thank you.

 

Update: the bailiff called again and wasn't allowed into my home, he left me a card:

 

I have been refused entry/unable to contact you at the address and believe that you are wilfully trying to evade payment of this account.

you should be aware that there exists a power under Schedule 4Aof the Domestic Violence, Crime and Victims Act to enable us to enter

your property, BY FORCE, using locksmiths where required to execute this warrant.

This power may only be utilised if the Enforcement Agent is executing a Magistrates Distress Warrant.

I will be re-attending your premises with a locksmith if necessary to conclude this matter. I may if appropriate request authority to use the

above powers of entry. to avoid this action contact me immediately on ............

 

I called the bailiff and told him I was in the process of making a stat dec because I hadn't received a final steps notice to which he replied he was returning tomorrow with a locksmith to remove my goods. Can he do this?

[unclebulgaria67]

In this position, I think I would make it a priority to visit the court, sort out the statutory declaration, plus pass them a letter advising them of the situation and making a payment online if you can. I think the bailiff will have to check back with the court, before they got a locksmith to get into your property. If they see that you are dealing with the court, then I should think this would stop them.

[AWright]

Thank you, I'm able to make a small payment online, should I pay Marstons or the courts?

[unclebulgaria67]

Thank you, I'm able to make a small payment online, should I pay Marstons or the courts?

 

See post #4 from wonkeydonkey. I think you should pay the court and then there is a record with the court, that you are paying.

[AWright]

Thank you for your help, I will do that now

[AWright]

Is it likely they will be round tomorrow with a locksmith, I can't get to the court until tomorrow pm?

[unclebulgaria67]

Is it likely they will be round tomorrow with a locksmith, I can't get to the court until tomorrow pm?

 

Unlikely, as I think they would refer back to the court first.

[AWright]

Thank you unclebulgaria, hopefully I will sleep a little better tonight, I did as advised and made an online payment to the courts today and will continue to do so, will also go to the court with my stat dec tomorrow