Query re Marston's

[Rayne]

Background

 

Got pulled over last year,

unknowingly I had no insurance (premiums were coming out, but that's another story),

and as it transpired my license had also been revoked 11 years previously (even I'm impressed by that.)

 

 

Obviously it went to court etc,

ended up with £180 fine and 6 points.

 

 

Own fault, absolutely hold my hands up here, so no bashing please.

 

 

for various reasons, it didn't get paid and got sent to Marston's who added their admin fee on top, bringing it to £225 total.

Phoned them up (recorded the conversation), and entered into an agreement to pay the initial £80 and £35 pw thereafter until cleared.

 

 

They attempted to take payment of the £80 but it failed (even though there were more than sufficient funds available.)

They suggested that it was most likely something akin to a processing error

and that it sometimes happened but not to worry about it.

 

 

Their advice was to wait until it had returned to the bank and to phone back

and they would collect the £80 and the first £35. Bonus, thinks I, job done, all sorted.

We set a date to phone back etc, which I confirmed with them.

 

So you can imagine my surprise when the day before I'm due to ring them back

I receive a phone call from my housemate saying he currently has an "enforcement agent"

sat in the living room demanding £490 or he was leaving with the contents of my room.

 

 

Now, being at work, in a busy office, quite clearly I was on the back foot a bit here.

I get my mum (thank god) to transfer the money across and pay him over the phone to get rid of the guy. Leaves a receipt, which also turns out to be from Marston's.

 

My query is, because they went against the agreement that was set up the week previously,

is there anything I can do about the additional £215 that I had to pay for them coming out.

 

 

Quite clearly I was under duress at the time, being at work, under the belief it was all sorted out,

having had zero notice they intended coming out etc.

 

 

I seem to recall reading something somewhere about requesting a chargeback(?) via my bank (Natwest).

 

 

Would this be the route to go if so?

[Leakie]

I would not do a charge back as this will cause problems of it's own.

 

A similar thing happened to me,

I was paying Eqita and the sent the bailiff around,

because they said the payment had not hit there account in time.

I had followed there payment instructions.

 

I think all you can do is put in a complaint, to Marstons,

If you have the recording it may give you some leverage.

[Schindler]

Don't do chargeback. Leave message here for Bailiff Advice, she can do deals with Marstons.

[lookinforinfo]

If you miss the first payment for whatever reason it is unlikely to inspire confidence regardless of who you owe money to. You say that there was money in the account to cover it so it was either the fault of your bank or some of the funds in your account were still uncleared. If it was a bank error then you should look to the bank to pay the bailiff fees of £215.

 

I accept that the bailiffs were wrong to say that they would represent the direct debit but they were within their rights to seek to take control of goods to cover the debt especially when it was your first payment that failed. And when they come out to take control of goods, there is an automatic charge of £235. So £180 + £75 [their initial fee] + £235 [their taking control goods fee]

=£490.

 

You are basically going to have to rely on the good will of Marston's to have the 3235 returned to you which would probably mean somewhere between no hope and Bob Hope. The only chance might be how much time elapsed between when you received the letter of enforcement and when the first payment was due. do you still have the letter? If yes could you please advise

us of the date on the letter; the date within which the letter said you had to contact them; when you received the letter and when the first payment was due . I'm bound to say that it is a long shot so don't get your hopes up.

 

Perhaps you could explain how your insurance premiums were being taken but not going to pay your car insurance.

[Peterbard]

Don't do chargeback. Leave message here for Bailiff Advice, she can do deals with Marstons.

 

Indeed, if you can get BA to intercede on your behalf , that would be your best bet regarding getting you fee back. Although as said by posters above it will not be easy.

Chargeback is never a good idea under these circumstances, it will not work unless you are willing to lie on the application. as said not a good idea on an enforcement for a criminal fine.

[Bailiff Advice]

 

My query is, because they went against the agreement that was set up the week previously, is there anything I can do about the additional £215 that I had to pay for them coming out.

 

 

Quite clearly I was under duress at the time, being at work, under the belief it was all sorted out, having had zero notice they intended coming out etc.

 

I seem to recall reading something somewhere about requesting a chargeback(?) via my bank. Would this be the route to go if so?

 

I notice from your posts that following the recent payment, you do not appear to have approached Marston Group for an explanation about the discrepancy with your payment. Surely this must be a first step before even contemplating a 'chargeback'.

[Bailiff Advice]

Background

 

Is there anything I can do about the additional £215 that I had to pay for them coming out.

 

I seem to recall reading something somewhere about requesting a chargeback(?) via my bank (Natwest). Would this be the route to go if so?

 

From your initial post it is also clear that you do not dispute the actual debt itself. Your only complaint being the enforcement agent's fee of £235. Accordingly, a 'chargeback' request to your bank is not appropriate.

 

By and large, if a 'chargeback' request is made in order to claim a 'refund' of bailiff fees, then these almost always fail.

 

In the first instance, if the card provider reverses the payment it is exactly the same position as if a debtor paid by cheque and the cheque 'bounced'. Payment has been 'temporarily' made and then reversed. The warrant of control is therefore still valid and bailiff enforcement can recommence.

 

Most importantly, if a 'chargeback' request is made, it will be for the amount of the transaction, which in all cases, will include a sum due to the creditor (which in your case, is HMCTS).

 

For example, in your particular case, at the time of the visit, a payment of £490 was made. This payment would have consisted of a balance under your court fine of £180, a Compliance fee of £75, and an enforcement fee of £235.

 

You do not appear to be disputing the amount due to HMCS in relation to the court fine. Therefore, a 'chargeback' request should not be considered.

[Peterbard]

There is also a problem with claiming payment under duress. Bailiffs rightly or wrongly depend on a degree of duress to do their job, schedule 12 is based on the principle that people are threatened with losing their goods for instance.

 

The line between what is and isn't acceptable under this archaic system is open to interpretation.

[Rayne]

I notice from your posts that following the recent payment, you do not appear to have approached Marston Group for an explanation about the discrepancy with your payment. Surely this must be a first step before even contemplating a 'chargeback'.

 

Good morning, apologies for not replying sooner. Was waiting on advice in all honesty from you lovely people before taking things further

 

In answer to previous questions, the notice of enforcement was issued 18/04/2016 which gave until 02/05/2016 to either pay £255 (which I do NOT dispute), OR come to arrangement. That arrangement was made on 29/04/2016 and although initial payment failed (despite there being cleared funds in the account), Marston's themselves were the ones who quite clearly state in the telephone conversation to ring back on 09/05/2016 to attempt again initial payment and collect the first £35. I've played the conversation back so many times now, JUST to make sure there's no misinterpretation of their instructions, and it's very clear. They even state that the account is on hold for ten days and no action would be taken until 09/05/2016, which is when I'M supposed to ring them.

[Rayne]

As it happens, just got off the phone with them, advised them call was being recorded and queried why their agent was sent out. Basically, "put the complaint in writing" which I'm now in the process of doing.

[Bailiff Advice]

Good morning, apologies for not replying sooner. Was waiting on advice in all honesty from you lovely people before taking things further

 

In answer to previous questions, the notice of enforcement was issued 18/04/2016 which gave until 02/05/2016 to either pay £255 (which I do NOT dispute), OR come to arrangement. That arrangement was made on 29/04/2016 and although initial payment failed (despite there being cleared funds in the account), Marston's themselves were the ones who quite clearly state in the telephone conversation to ring back on 09/05/2016 to attempt again initial payment and collect the first £35.

 

I've played the conversation back so many times now, JUST to make sure there's no misinterpretation of their instructions, and it's very clear. They even state that the account is on hold for ten days and no action would be taken until 09/05/2016, which is when I'M supposed to ring them.

 

I am not trying for one moment to support any enforcement company but each year, they enforce approx 6 million debts. Mistakes do happen and if it is the case that a mistake has been made then Marston Group (just like all other companies) will refund a fee. The alternative would be for a disgruntled debtor to complain to the contractor (i.e: a local authority, or in your case, HMCTS).

 

No enforcement company would want to put their contract at risk for the sake of an enforcement fee of £235.

 

As I said last night, you do not seem to have contacted Marston Group to ask for an explanation. Surely this must be the first step in getting this dispute resolved?

[Rayne]

Spoken to them this morning and its basically a "put in writing" scenario which I'm currently in the process of doing. I'm quite happy to accept that mistakes DO happen (nobody and no system is perfect at the end of the day) and if that is the case then so long as they refund that enforcement agent fee then result as far as I'm concerned

[Bailiff Advice]

Spoken to them this morning and its basically a "put in writing" scenario which I'm currently in the process of doing.

 

I'm quite happy to accept that mistakes DO happen (nobody and no system is perfect at the end of the day) and if that is the case then so long as they refund that enforcement agent fee then result as far as I'm concerned

 

Please do keep the forum updated with their response.

[Rayne]

Absolutely will. My thanks for the advice and pointers :)

[ploddertom]

Did you ask who you were speaking to when you recorded the call(s)?

[mikeymack2002]

I would contact your bank asap and ask them how much was attempted to be taken it might surprise you or it may have been the correct amount. Time will tell. If you can do this it may answer the question as to why the payment failed.

 

If they tried to take more ask the bank to provide you a screen shot of the transaction then you may have recourse.

 

Please update this if you get an answer.