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Baron Von Vaderham

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Everything posted by Baron Von Vaderham

  1. Further - I just spoke to my solicitor about this, he's checked it out and says that there is no way of avoiding the Bailiff fees. Unfortunate, but there we go.
  2. Finally managed to get through to HMCS payments. I've been informed that once it goes over to Marston's, HMCS place an 'inhibit' (their term) on the account, preventing any payment of the fine, preventing any circumventing of Marstons. If I send money or payment by post, it will be returned. This is done on all distress warrants on magistrates fines. I suspect if I pay Marstons the £150 fine ammount they will use that purely as a payment towards their fees, leaving the original fine unpaid. I think that the only reason they have'nt given us more grief is that we live in a farm in the middle of nowhere.
  3. It seems I've opened a can of worms. It would be nice to get some kind of certainty to the question, as I'm sure I'm not the only one to come up against this issue.
  4. What really infuriates me is Marstons attitude that I have to pay the whole thing right now. I would gladly pay the original fine to HMCS, but the law seems to sanction this kind of daylight robbery. The more I think about this, the more incensed I get - its less about punishing people for wrongdoing, and more about making money off the backs of people who can ill afford it in the first place. This kind of business should not be put with the private sector, where making a profit is the main concern. Thankfully, I'm not some old lady or other kind of easy pushover. I think I frightened the Marstons bailiff off when he showed me the charges - I managed to go from 0 - Full Rant Mode in about 0.01 seconds Anyhow, it would appear that there is no way round this issue .
  5. Well, as stated, my fine was £150, but Marston's charges are £275. I guess thats my biggest reason for complaint - If a defendant is struggling to pay £150, how do they think that £425 is going to be achievable? I also would still be interested in whether it is legal for a Bailiff to try to get you to borrow the money, as I think this is classed as incitement to commit fraud.
  6. Whilst I can see the logic of the argument you present, in reality if HMCS refuse to accept the payment, and insist it has to go through Marstons, it becomes very difficult to implement.
  7. Apologies for starting a dispute, I read extensive threads on here, and there seemed to be a contradiction in advice. Certainly if you read Form EX345, it states (contrary to what people think) that CEO's are fully entitled to charge for their services. So whats your advice Tomtubby (feel free to preface it as without predjudice!) - Pay the fine and the fees? or dig my heels in?
  8. Interesting indeed. I think this enquiry has thrown up a possible condradiction on the advice given in the forum - partially the original reason for me starting another Marston Thread. So on one hand we have an official court document stating that Marstons are fully entitled to charge the fees. And on the other hand, a possibility that as their is no contract between myself and Marstons, then there is no obligation for me to pay these fees. I do know that if you give Marston the origanal fine amount, they will put that towards discharging thier debt, and not the original fine. So where does that leave us? and given the volume of similar enquiry's and calls for help on this exact same subject on CAG, it would be very helpful to get a definitive answer.
  9. So I've done a bit more research on the site, with slightly worrying results - Reading this sticky thread above, Thread: MAGISTRATE COURT FINES. Template of a Statutory Declaration. I read the following - then the ONLY way to get this debt away from the bailiff and returned to the court is by way of a Statutory Declaration. A valid statutory declaration will REVOKE the distress Warrant and all bailiff fees will then have to be removed. Being as my magistrates fine was issued in 2008, then it would be wrong (and silly) of me to make a statutory declaration - and it would seem from this that there is no way of getting the debt away from Marston. So why the conflicting advice?
  10. Thanks Brassnecked, I'm told the ATM will give out a slip confirming the payment - only problem is the Court is 65 Flippin' miles away, and I don't fancy very much going there only to find out it wont accept my payment or some other kind of bureaucratic sillyness.
  11. Ok, the saga continues. Just spoke to HMCS Cheshire, where the nice lady tells me that they have NO counter facilities for accepting payments in person anymore. They have an ATM machine at the magistrates court suitable for taking payment... but can I trust this to take it?
  12. If only I could pay the Court! They absolutely refuse to take payment, and insist I have to deal with Marston. Its hard to MAKE them take payment. thanks for your continued assistance Bartok.
  13. OK, so I spoke to HMCS Cheshire, and they have informed me that as they have issued a distress Warrant against me, Marston are entitled to charge fees in the course of their duties. Is this true...?
  14. Hello All, just joined up after doing some extensive reading. I have searched various threads through the forum, as I understand that people repeatedly posting the same problem can be irritating. My problem is fairly common - Back in april 2008, I missed a magistrates hearing, and was charged (correct terminology?) with withholding drivers details information, and fined £150. For one reason and another, it got left / buried / forgotten about. Due to difficult financial circumstances, I was unable to pay, and it was passed over to Marstons. I have tried to organize payment with Cheshire HMCS, but they will not take payment, saying I have to deal with Marston. Cue one of Marstons officers turning up yesterday, and informing me that I had to pay him £425.00 Thats £150 original fine £75 Admin fee £200 Attendance costs Now in the course of the conversation I informed him that a. I was unable to pay the original £150 b. therefore, less likely to be able to pay his new inflated figure of £425 he then tried to coerce me into getting a bank loan or credit card to pay the fine. As far as I'm aware, this is incitement to commit fraud...? So, I researched this forum for answers, and have a few questions. In many of these cases, Form EX345 keeps popping up. But when I read form 345, it says that HCEO are allowed to charge fees, which seems at odds with what posters seem to be saying. Here is a link to the version of the form I'm reading - hmctscourtfinder.justice.gov.uk/courtfinder/forms/ex345_e.pdf Would like to know where I stand on this - I can borrow the money from family to pay the original fine, but no way can I pay Marstons their fees. Would finally like to say how wonderfull this forum is. I firmly believe that the system is out to screw the little people, and groups like this are the only chance we have of fighting back. I will definitely be making a donation to help keep it going. ED
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