Marstons - Court Fine

[SILVERCAT55]

Hi TT

 

I'm not terribly PC literate so and your post isn't covering exactly the problem I'm facing, but the nearest thing I can find on this site!

 

Back to everyones favourite debt collectors, Marstons. About three weeks ago one of their bailiffs visited demanding immediate payment of a fine totalling £625 dating back to JANUARY 2008 or seizure of goods would take place there and then. The original offence was for driving an untaxed vehicle, albeit that less than a month had passed since the renewal date. I have moved twice since then, so no surprise that the fine had been forgotten after a five year gap.

 

I explained that there was no way I could pay that amount immediately, and asked if a repayment plan was an option - I was told "no", that I'd had adequate time to clear the fine, on top of which a reminder notice had been sent in 2011 "which you chose to ignore" Quite frankly, I do not recall that reminder at all (although he had a copy on his trusty clipboard) I then offered to pay the full amount out of my next salary, which was also refused. Mr Hampton said he was going to immediately seize goods, however, I already have a walking possession order in place from another company which I showed him. He then said that in that case there was nothing more he could do and my next visitor would probably be an 'Arrest Officer' and with that remark left my doorstep.

 

Imagine my shock, almost a fortnight later to find Mr Hampton back again and clamping my car. I was informed that it was to be removed the next day unless the £625 was paid immediately - I again said I would pay the full amount (by then in just six days time) - when my salary hit my account, and again the offer was refused as in his words, "following my first visit absolutely no attempt has been made to resolve the issue". H-e-l-l-l-o, I'd been resigned, on his own say so, to an 'Arrest Officer' arriving - not his return. My car is a necessity (perhaps even a 'tool of the trade') as I work 2300-0800, have a 30 mile commute, and live in a small village with no public transport daytimes, let alone nights! Anyway, that reasoning also fell on deaf ears and I was told I needed to borrow the full amount for payment the next day or else the car would still be removed. After he left this time, the only person who I could ask for help was my sister in Canada. She wired the money but it was going to take 48-72 hours to arrive in my account.

 

Mr Hampton duly returned the next morning and I told him about the wire, asking if he'd at least leave the car, albeit clamped, on the drive rather than remove it as the money would now be through quicker than my salary - after all it had been over five years so another two or three days was irrelevant. Guess what, he said no again and without further ado called up SRS Services to collect. Needless to say, the collection has added a further £200 costs, plus storage charges, so I'm still having to wait till payday to settle the full amount as although told costs would be incurred I wasn't given the exact figures which Mr Hampton must have known in his capacity as a bailiff.

 

One more thing, although I refrained from rudeness at every meeting, Mr Hamptons attitude was scolding (I am nearly 60) and 'couldn't care less'. I reported this to Marston four days ago, but what a surprise, there's been no response at all........

[ploddertom]

New thread created

[tomtubby]

Silvercat.

 

You post has demonstrated very clearly the reason WHY it would have been very helpful indeed if you had at least written to Marston Group to confirm the payment proposal made to the bailiff. In that way if there were to be a complaint to either the company or the court ( or both) at least there would have been written evidence that you had been WILLING to pay.

 

In your letter you should have also made the company aware of a PRIOR walking possession and the matter of the necessity of your vehicle for work purposes.

 

I am not entirely sure without reading a copy of the HMCTS Contract whether the car is supposed to be left clamped for a minimum period of 24 hours before being removed. I do know that this particular provision is in the contract in relation to enforcement of Clamping Orders. I will check the position in the morning.

[SILVERCAT55]

Hi again TT

 

Sorry, should have added that in my letter of complaint about Mr Hamptons attitude I did mention the fact that I'd made the repayment offer and had asked for 72 hours lenience as the wire was coming from Canada

 

As an aside, I also e mailed SRS a few days back asking for details of where the vehicle could be collected from - no response from them thus far either

[tomtubby]

Have you spoken to "Goods Removed" Dept at Marston Group ?