Red/Green Arrow Fine, Marstons

[havinastella]

Need some advice for family member please.

 

A and B are a couple and were moved under protection from Y to Z overnight.

 

They were in temporary accommodation until early 2016 so were unable to update keeper details until they knew where they would be living.

 

19/02/16 at 0750, Bailiff knock requesting £787, £477 fine? plus £75 compliance and £235 enforcement (Nothing received beforehand) He also threatened same day removal and threatened them with another £110 for that pleasure.

 

I have a copy of every text sent from Bailiff and family member.

 

Finally agreed £50 a week, they have make every payment on time (except Bank holidays) but bailiff has demanded the £50 this week, plus the last £37 or he will add more charges.

 

Just someone to check figures and any advice gratefully accepted.

 

Jogs

[ploddertom]

If they have been done under "failure to change details" then surely their "handler" can speak up for them?

[Bailiff Advice]

A payment arrangement was agreed at the rate of £50 per week and all payments have been made according to the proposal.

 

The way in which I am reading your question, there is a balance remaining of £87 (which consists of a weekly payment of £50 and the final balance of £37) and the enforcement company require both amounts to be paid , failing which, they will 'add more charges'.

 

A Compliance Fee of £75 and an enforcement fee of £235 has correctly been applied. The 'sale stage' fee of £110 may only be applied if prepartions are made to remove goods.

 

Did the enforcement agent ever gain entry into premises?

 

Was a Controlled Goods Agreement ever signed?

 

I have dealt with many payment plans with Marston Group (and all other companies) but it is usually always the case that the final payment is paid as a last installement. This does not seem to be the case here. I am currious as to the reason.

[havinastella]

If they have been done under "failure to change details" then surely their "handler" can speak up for them?

 

Thanks PT.

 

They have no idea what charges were laid as they didn't realise they could ask for them. I have advised they phone the courts and ask what the charges are and how much they were fined. Can they still SD and get a refund?

[havinastella]

A payment arrangement was agreed at the rate of £50 per week and all payments have been made in accordance with the proposal.

 

The way in which I am reading your question, there is a balance remaining of £87 (which consists of a weekly payment of £50 and the final balance of £37) and the enforcement company require both amounts to be paid , failing which, they will 'add more charges'.

 

A Compliance Fee of £75 and an enforcement fee of £235 has correctly been applied. The 'sale stage' fee of £110 may only be applied if prepartions are made to remove goods.

 

Did the enforcement agent ever gain entry into premises?

 

Was a Controlled Goods Agreement ever signed?

 

I have dealt with many payment plans with Marston Group (and all other companies) but it is usually always the case that the final payment is paid as a last installement. This does not seem to be the case here. I am currious as to the reason.

 

Thanks BA

 

I have advised they to call and ask what is going on and to follow up with a letter of complaint. As asked in reply to PT's post, could they SD as they knew nothing of the fine etc until the EO turned up.

[Bailiff Advice]

Thanks BA

 

As asked in reply to PT's post, could they SD as they knew nothing of the fine etc until the EO turned up.

 

Technically, he (or she) could file a Statutory Declaration.

 

I am only being cautious here because I dealt with an enquiry through my website yesterday regarding a Statutory Declaration hearing that took place last Friday. The court refused the application because it had been made in excess of the '21 day' deadline outlined in the regulations.

 

A Statutory Declaration should be made 'within 21 days' of.....'becoming aware of the offence'. In the case last Friday, the debtor 'became aware' of the offence approx one month before making the application. The court were not willing to accept his reasons for the delay.

 

In your friends case, they 'became aware' of the offence on 19th February. A three and a half month delay in submitting a Stat Dec may be difficult. However, that it not to say that they could not try.

[ploddertom]

Nothing ventured nothing gained particularly as it seemed to be under "special circumstances".

[Bailiff Advice]

Nothing ventured nothing gained particularly as it seemed to be under "special circumstances".

 

I can see the point here. Also it can depend on the offence. If the offence was speeding, then there would also be serious complications with the driving licence. And of course, future vehicle insurance.