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  1. Can anyone advise on this one? I was visited a number of weeks ago by Marston Group foran unpaid court fine amounting to £175. Marston added on to this another £300in fees and charges, they posted a letter through my door in my absence. Ispoke to the court at the time and offered them payment but they refused toaccept because it was with the bailiffs but I was told by the court that theBailiffs would hand it back to them if they did not receive payment (DistressWarrant), so paid nothing and waited for it to be handed back as at this pointthe bailiffs fees would be removed. This morning, I had three bailiffs arrive with alocksmith - the locksmith continued to try and pick locks both at the front andback of the house, so I called the police who arrived quite quickly - thebailiff had called the police himself before his visit to warn them he would bebreaking in to the property (they had not entered the property previously). The policeman spoke firstly with the bailiffs and then came over to me and said"Pay them or I will arrest you", when asked why I would be arrestedhe answered "Breach of the Peace" - now I hadn't threatened anyone orraised my voice at all throughout the whole time. I have read on-line conflicting views as towhether a bailiff can force entry to a property for a unpaid court fine(Driving offence), but both the bailiff and the police said they could and thepolice said that once I had been arrested the bailiffs would enter in myabsence and I would be spending the day in the cells. It really did feel as thoughthe police had only attended to encourage me to pay, so I did, with the view Iwould fight this later - at which point Marston Group increased the debt by afurther £140 to cover the locksmith. I have spoke to both the court and the police again todaywho have both stated that the bailiff did have power to force entry on theoriginal warrant, so I have the following questions:- · Can the Bailiffs force entry on a distresswarrant without returning it to court and applying for a separate warrantallowing them to force entry? · Could/Should the policeman have threatened mewith arrest and was he correct in acting the way he did? · Should the court of accepted payment when Icalled them to offer it to them? Okay, i'm not blameless, I should have paid at the time Iwas fined, but life is not always that simple and I did have good reason forlate payment, I had to borrow the money to pay this morning! I believed fromnumerous forums/etc. on-line that bailiffs could not enter my premises but thismorning, if the bailiffs and police are correct, this obviously is not thecase!
  2. Good afternoon all. I'd like to firstly explain my current situation, unfortunately, it may take a while. Last year 2011 I was convicted of driving without adequate Motor Insurance. Although there were what I felt, litigating circumstance I refrained from attending the court myself and pleaded guilty by post. I also forwarded a means listing to assist the court when deciding their fine amount. The court completely ignored my means form and fined me £350 with the usual and expected licence penalty points. I appealed the decision and attended 'High Court' hearing. The judge accepted that the litigating circumstance surrounding my conviction when provided with documentation. Whilst he acknowledged that driving without insurance was not within my character and a genuine error we moved swiftly on to the fine. The judge claimed that the court had not received my means form but listened to what I had to tell him. I'm a recently discharged bankrupt who is not in receipt of any benefits, I rely solely upon my partner for financial support. The judge moved to his chambers to discuss the matter with his colleagues also sat at the bench with him. He returned and accepted my appeal reducing the fine to £115 that he clearly stated my partner would have to pay for me! I asked that the payment be made in two parts and he also accepted this offer. I left the court. Approximately one month later I received a final steps notice. When the document came through the door and I saw it was from the courts I assumed it was instruction of how to pay the fine and when, not a final steps notice! Upon receipt I called the court and paid £65 with a view to paying £50 one month later. The next month was simply not a good month to pay, living out of my partners overdraft is not how I anticipated my financial predicament at this stage in life. Perhaps its pride or a simple case of sensitivity but I did not feel so compelled to ask my partner to pay considering her own levels of stress concerning our financial predicament. I naively figured it simply best to await the next month in the hope we would have enough to pay. Less than one month later and the first communication from Marston Group arrived. It requested payment of the £50 fine plus £85 charges for the letter. I embarrassingly called my parents as asked for a £50 loan. I paid the £50 fine 'to the courts' the same day I received the letter. I also emailed Marston Group to ask if I could pay by instalment. Their reply email simply stated “We regret that we are unable to enter into long-term payment arrangements”. The court replied with what I expect a usualletter stating that they had received payment for the £50 but advised that there was still a distress warrant against the account with - you guessed it 'The Marston Group'I then launched my dispute campaign: I wrote a complaint to the courts, I wrote a letter of complaint to Marston Group and I wrote to my MP and CC'd him in with my letters of complaint. My MP wrote a letter to the court also. The Marston Customer 'Care' and Complaints team member replied quoting Part 52 but it is my understanding that this subsection would only be relevant should a Bailiff have already taken control of goods? So, I wrote them again and to my wrong doing I did not send the letter via recorded mail. My second complaint was therefore never granted a level up to stage two of their complaints procedure. I had been awaiting further communication from my MP at this stage but none arrived. Simply put, the court has failed to respond to either of our complaints. Last Friday we received a Bailiff visit from Marston Group. A Mr X. I was out of the house with a friend visiting the job local job centre and running some errands. My partners son (14yrs) was home alone sick from school and answered the door. X asked if anyone was home. He did what we have always requested of him, pretended someone was home and closed the door whilst he tried to call me. (I m,issed the call) he at this point simply thought it was someone with a package for me so he return to the door and told him that I was in the shower. X then got agitated and said 'oh! he's in the shower is he' 'I have a warrant of execution here and I need to see him now'. My partners son, at this time not knowing anything about what was going on closed the door and locked it (Good lad!) X then opened the letterbox and shouted that he had a warrant and he was going force entry within the next few minutes if the boy did not go and see him at his van. X repeatedly tried the door handles and kept banging on the doors. After some twenty minutes X posted a card with serial number claiming amount outstanding was now £300 and a removal notice. When I returned home a little over an hour later my partners son was understandingly in a state of shock from the ordeal. and despite my reassurances it has taken him a few days to calm down. Over the weekend I have spent my time researching as best I could and here are the list of things I have now committed myself to. - Filed a letter of complaint to the Chief Superintendent in relation to the child and the vulnerable call. I have also raised issue with 1. Threat to Cause Criminal Damage, Section 2(1), Criminal Damage Act 1971 & 2. Threatening Letter, Section 1(1)(a)(ii), Malicious Communications Act 1988. - I have complained to the court 'again' - I have complained to Marston Group again - I have CC'd my MP into everything and requested that he now raise the matter with the Parliamentary Ombudsman - I have filed a 'Credit Fitness' report/complaint to The Office Of Fair Trading citing the following breaches of legislation (i)Physical/psychological harassment 3.7 (i) (j) (o) (q) (ii)Deceptive and/or unfair methods 3.9 (f) (k) (iii)Unfair or Improper Business Practices 3.1 (iv)Charging for debt recovery 3.10, 3.11 (a) (d) (v)Debt collection visits 3.13 (a) © (f) (g) - At my partners request I have placed a removal of right of implied access notices in front and rear property windows. - My parttner has emailed Marston Group stating that she is the sole Tenant for this property and has been for some twelve years plus. She has warned Marston Group that any attempt to subvert or rebuke her notice will result in an invalid levy which will result in a Form 4. Yesterday whilst I was away from the house again printing documents and posting al relevant informations X visited again this time leaving a FINAL NOTICE ! Now I'm worried! I moved in with my partner directly after Bankruptcy with nothing other than my clothes and a few unvaluable personal posessions. Everything of value in this house is hers. What more can I possibly do? Any advice in relation to this matter will be greatly received. Thank you for taking the time out to read my thread.
  3. I have just received a copy of a Press Release as follows: Marston Holdings acquires Swift Credit Services Marston is pleased to announce that its parent company, Marston Holdings Limited, has acquired Swift Credit Services Limited Swift Credit Services Swift,which has over 120 staff and self-employed agents, recovers unpaid court fines on behalf of HMCTS across the length and breadth of Wales. It also has long-standing relationships with over half of the local authorities in Wales, together with a number of English local authorities. In addition, it has one of the largest commercial rent recovery operations in the UK. Swift will continue to run as a stand alone business, headquartered in Wales and utilising the extensive local knowledge of its experienced management team. Huw Lloyd-Lewis is remaining with the business as Chairman. Swift will now be supported by increased investment, particularly in relation to IT. It will also now be able to access: · enhanced tracing & investigation resource, which should underpin further recovery rate increases; · body worn video technology; and · High Court enforcement capability. Marston, Rossendales and Harrison clients will also benefit from the Group’s strong presence in Wales, due to the increased capacity to attend Welsh addresses. Marston Holdings’ independent Advisory Group, chaired by former Parliamentary Commissioner for Standards, Elizabeth Filkin, will overse ecorporate governance at Swift. .
  4. Hello! On Saturday, 10th August I received a letter from Marstons stating that if I did not pay £339.81 within seven days a bailiff would attend my property and remove goods. I phone Marstons on Monday the 12th to ask what this was about and they told me it was due to an unpaid amount of £39.81 (the other £300 was their costs) on a fine I received in 2008 for fishing without a rod license. So I went to investigate! The fine, a total of £165 was paid direct from my wages via an Attachment of Earnings order, one deduction of £39.81 (coincidence?) in October 2008, one deduction of £39.81 in November 2008 and one final deduction of £85.38 in December 2008, that is 3 payments adding up to £165. In January 2009, I moved from Weymouth to Bournemouth, this may or may not be relevant to the following. Upon receiving the letter from Marstons I contacted them and they said I HAD to pay half on Monday coming and the other half the following month, but I have already paid right? I tried to call Poole Magistrates, the issuing court, but they told me if it had gone as far as the Bailiffs there was nothing they could do. Not having that, I popped over the road from where I work to Weymouth Magistrates Court and they said that they could see I had the full £164 deducted from my wages, but they had no record of the first £39.81 being paid to them and advised me to check with my employer to make sure it had not been returned, which it hadn't. So, I got back in touch with Marston Group and they have said if they haven't heard anything within 10 working days they will proceed with the distress order and goods will be removed from my property, but I have paid the fine! I did move a month after the final payment so if the court sent any letters I never received them, but the fact of the matter is the money was deducted via an AoE order, and that I can prove. My issue is that the Court has told me they can't stop the action and Marston have told me the only people who can stop it now is the Court. It looks like I will have a Bailiff turn up to remove goods but there is absolutely no way I have done anything to cause this, hell for the sake of £39.81 I would have paid it straight away had I known there was a discrepancy, but as far as I am aware there wasn't. I am sure you good forum people have heard it all before, but this is genuinely making me and my partner feel physically sick. To clarify the main points: 1: After almost 5 years to the day of the me paying the fine I receive a letter basically stating that I have 3 working days to cough of £340 or goods will be removed. 2: Neither the Court, nor Marston Group are willing to call off the action despite the fact I can prove without a doubt the fine has been paid. 3: If there was an issue with the fine, I had moved house and no attempt had been made to contact me regarding any issues there may have been, am I supposed to notify the courts if I move despite a fine being paid IN FULL by myself. 4: If the court did not receive £39.81, which WAS deducted from my wages via the Attachment of Earnings order, then where did the money go? 5: If, and it is looking likely, Marston Group do visit and remove goods from my property, where do I stand, this is basically theft, right? I have been polite with both the Court and Marston Group, but this is really, really stressing me out, I do not deserve this and nor does my Partner, I cannot handle this being drawn out.
  5. Hi I'm just looking for some advice, I had a guy from Marston turn up this morning, guessed it might be debt collector as going through a bad time at the moment (unemployed) so did not answer. However he pushed a 'Removal Notice' through the door, on which stated that despite previous visits and notices the matter had not been settled. 1, I have had no early visits or note saying they had been to the house. 2, I am sure I have had no correspondents from them ( may have binned one ?) 3, I thought a warrant had to be issued. There is a Parking Fine to Andover Council from last year, however I do not own the car (my son) but is in my name. I've just a old letter from them.(son should have paid). ? can I pay the council £75 or Marston who want £339.04 and probably rising. any advice welcome
  6. Morning I was woken up this morning by a few knocks on the door at 7.15am. I didn't open the door but a hand delivered letter ("Important Notice") has been posted from Marston for my partner, for a speeding fine that he WAS paying. My Partner tells me he was never able to set this up as a DD and had forgotten about it. He's paid £160.00 of a £350.00 fine. The letter states that the bailiff had intended to remove goods (the house and contents are genuinely mine, and I have some receipts and banks statements to prove this) unless the total amount of £490 is paid immediately. This is in respect of the outstanding sum, and warrants issued Fine £190.00 Admin Fee £85.00 Attendance Costs £215.00 There is a mobile number and a name. I have checked the name of the list of authorised collectors and it is coming up as unknown. There isn't a copy of a distress warrant or a list of fines after calling said BF at work and having a rant (I'm no angel, but I am 7.5 months pregnant and didn't like being woken up at 7.15am) he tells me that he had spoken with the courts who said because he had missed a payment and so they couldn't deal with him and he would hear from a collection agency. I went on to Marston website to pay the fine only, using the reference number and name, but it is saying unavailable and to call their office number. This is the first letter from Marston he has received, and I was under the impression that 2 letters had to be delivered before fees would be applied and that the cost of the fees shouldn't exceed the original fine but I'm getting confused with what I am reading now in relation to HMCTS fines. Can a bailiff collecting for HMCTS force their way in to the property? Do the fees have to be paid? Any advice would be appreciated!
  7. Hi, I'm new to the forum and this might be a bit of a long read but I've been scanning some threads on here and I would really appreciate some help. Today I was in my house when there was a knock at the door, I had just got out of the shower so I did not answer (lucky really), when I went back downstairs there was a folded piece of paper that had been shoved through my letterbox, not in an envelope. I had a look and it was from Marston Group, the letter had my address at the top, my name and their reference number, the content of the letter was to contact them on the above number to discuss my debt (which is with my son's old nursery) and they were trying to issue a High Court Writ. The last I had heard of this debt was from a credit company they had instructed, I wanted a detailed breakdown of what I owed and told them that I was not willing to pay anything until I had received this. Every time that I called I seemed to be palmed off and in the end I kind of forgot about it, stupidly I admit. I have not received any court letters or anything previously from Marston Group. What was strange was on the letter that was posted through my door today, underneath the typed part of the letter there was handwritten 'please call' and then a mobile number. I firstly called the office number as that is what the typed part of the letter instructed to do. I spoke to a man and he told me the amount I owe is £3,995, which is way above what the original debt the credit company stated to me, but I do understand interest would have been added. I told the male on the phone there was no way I could pay that amount in full as I only worked part time and my hours have recently been cut (it was either that or lose my job completely) I told him I was earning around £212 a month. He told me, very rudely may I add that I had to pay the debt in full or they would take all my assets. I told him that I did not own any assets of any worth (which is true). He told me that they would not take that into consideration and I had to pay the debt in full right away. I told him again that it was completely impossible for me to do that and I had no assets so was there a way I could arrange a payment plan. He told me I had a chance to do that at court and (as I'd already told him) I said that I had not received letters for any court hearings. He then said I could pay £500 a month, as I'd previously told him how much I earned a month I thought it was ludicrous for him to offer that amount, I told him that wouldn't be possible. He then told me I could pay a large lump sum and then smaller monthly installments but they would amount more to £212 a month so I just needed to pay in full. I then was cut off the phone. I called back and this time I spoke to a lady, I told her what I was previously speaking about and she told me that they couldn't discuss any payment plans and I had to call a mobile number, she proceeded to give me the number that was written on the letter. I called the mobile number and I told him what I'd previously discussed with someone at the office. He told me that they did not do any type of payment plan and I had to pay in full if not they would seize assets. I told him I didn't have any assets and he said that I would have to pay in full. I told him that it was not possible due to my income and he told me to speak to my family and call back, he then hung up on me. I did a little research online and called the debt advice helpline, they gave me some good advice about getting a stay of execution form filled in etc. I currently don't have a printer so I will have to go to the library tomorrow to get that sorted. She also told me to contact the creditor and ask for a breakdown of fees under the Data Protection Act. They also advised me on not opening my door to him, making sure all my doors and windows were locked etc. So, stupidly I called Marstons back again to inform them that this is what I was doing, somehow I thought this would make them back off slightly. They told me that they didn't care and they would continue to go ahead, they then told me to call the mobile number and let him know as 'he might think differently'. I called him and he said abruptly "so you're going against a court order, that's illegal". I told him that I was aware of my rights and I wouldn't be answering the door. He then asked me if I owned a vehicle, which I don't. I told him that I don't even own a drivers license so no. He then asked me who I called for advice, which I found slightly strange, I told him "an advice line" he then very angrily said goodbye and hung up the phone. Is there any way while I'm waiting for the stay of execution that I can stop him visiting the property. I don't know if the fact I just live with my mum and actually don't own the house helps? I've seen letter templates to send to bailiffs to say that you will only communicate via telephone like this "Dear Sirs, Account No: XXXXXXXX Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, o r your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Yours faithfully Sign digitally" but does that apply in my circumstance? I'm worried sick about this whole thing and obviously my mum doesn't want someone banging on her door everyday. Any help would be very much appreciated.
  8. Dear all, Firstly, apologies for using the 'M' word so soon in my first post. I'll keep it brief. I was offered a personal loan by one of the big banks 6 - 7 years ago. Essentially they extended my overdraft by a few thousand. The debt was quickly sold to a recovery company, who were so rude, I never made a payment -- and consequently have never made a payment regardless of the recovery company owning the debt. Marston have now entered the equation, and the first knock on the door was yesterday. Just need a couple of things clarified, really. * With it being a non-government debt, do Marston possess the same rights as when they're chasing public sector debts? * Does high street bank loans quality under the Statute Barred legislation? Thanks in advance. D.
  9. Good evening all, im really out of power to do anything but i need to ask for help. let me explain what happened. we used to live at our previous address for one year and we have moved to new address oct 2012 so we are living at this address for 8 months now. last week when i was in work some guy from marston came to our house and demanded £1045 from HMCS Gloucester, she did not let him in but his foot was between the door so she could not close the door but then he asked if she is pregnant and she said yes so he removed it straight away. she then rang me and i spoke to him. i tried to get some information what it is for but all he said failure to notify of change in circumstances but he did not have a clue who issued it except HMCS Gloucester issued the Marston to deal with it. . the court happened on 7/1/2013 when we were at the new address and this was claimed and all papers send to old address. now the thing is we dont know what it is for and we never received any letters at all either from court or marston as we believe everything was send to the old address. so court issued something at the old address even we were not living there and the court has happened without our knowledge. no papers received at all she is single mother with 2 kids he did not enter the property we dont know what it is for now i have told him i will pay this friday just to get him out of sight. he said he has warrant to enter the property and she can be jailed for not letting him in and he can call police and locksmiths. anyone has ideas what to do ? i have rang the marston office and they dont know who issued the " failure to notify of change in circumstances * or something like that. she just had bristow and sutor for council paid of sum for £1900 and she cant afford to pay another £1045 for not even knowing what for. thank you in advance
  10. Please can someone give me some advice and help In 2012 I signed up for a university add on couse which was £1500 I attended the first meeting but then my father who had terminal cancer became very unwell so I sent a letter explianing I would not be taking part in the course, they did send me letters for payment but with caring for my father who subsequently passed away I didnt reply to them. After this my husband became unwell and now has a blood disorder which has also left him with chirros of the liver insulin diabeties, kidney heart and pancreas problems. With everything happening and still working full time I stupidly ignored letters. Last week marston turned up at my house my husband had let them in, they are seeking the fee for the course I didnt do. I explined the situation and the guy that came said I needed to email all evidence of illness wages outstanding debts plus an offer to them by the monday and they would be in contact with me this i did. I have just come home from three days away at a close friends wedding to find a letter saying they are coming to seize my goods 31.7.13 I dont know what to do I have a lot of worry about my husband who wil probablyl eventually need a liver trasplant , without the stress of this. Please can anyone help me I tried calling them but have been told their enqirey line isnt open till money !!
  11. Hello everyone, I am in need of advice with regards to the next steps to take with Marston Group Bailiff. Three weeks ago I had a letter hand delivered saying I owed £275 for a TV Licence fine plus £270 Bailiff costs. I was out so bailiff didnt access the property. I rang the agent back and he gave me two days to get the money. As I didn't have the money I sought the advice of the National Debt helpline and wrote to the Court about a repayment plan which they refused. Eventually I swallowed my pride and asked my father for the £275 for the fine which I immediately paid directly to the Court. After being told the bailiff fees still applied I then offered Marston a repayment plan for the fees. I just got an email from them saying that they can't accept a repayment plan and that my case was sent back to the Court and that I had to deal with them directly. Now the fine is paid (checked with the court) and they are satisfied with it but they weren't sure about what to do with regards to the bailiff fees. Will the court try to enforce the bailiff fees although the original fine has been paid? (I also found out that I overpaid the fine was £245 and not £275 as claimed by Marston so Court will send me a refund check...) I hope this makes sense and if there is anyone out there who can give me any advice I would greatly appreciate it. Even National Debt helpline is not sure about the next step to take. THANKS!!
  12. Hi all, I had an 100 fine for motoring offence, unfortunately I have been away from my house for months caring for a terminally ill relative, I got home today and there were two bailiffs letters , saying they were coming to take my stuff and debt now owed is 683.00, im at wits end, can I make an arrangement to pay a manageable amount, or will they say I have to pay all, any one got any advice I am worried sick, thanls for any help
  13. Hi, I had a bailiff from Marston knock my door this morning. I did not let him in but he told me I needed to pay £550 there and then to clear an old court fine for not having a TV license. I have no way of paying this. After begging him for 5 minutes and getting nowhere he said he would give me 24 hours to pay it. He told me if I did not pay in 24 hours he would be back in the morning to remove my goods (not that theres anything to take!) I was upset and so was my 3 year old son. I called the Marston helpline after he left to try to set up a payment plan but this was refused. I explained to the lady I was pregnant and surely this wasn't right. She asked how far gone I was and I told her I was 30 weeks in a panic but im actually only 17 weeks. She rang the bailiff and told him this information (I had already told him I was pregnant whilst I was crying to him) and said he will not be breaking into my house and will return to see confirmation that I am 30 weeks pregnant. What can I do now?! Please help or redirect me to the right place?
  14. Hi, my son has been staying with me on and off while he looks for a new job. I convinced him to sign on so that he could get some money until he finds a position. A few mornings ago a letter came through the door from Marstons, hand delivered, no attempt at knocking the door to talk to someone. The letter stated that they would be back after 7pm that evening to collect payment or goods to the value. My son's was out of town and he had no money on his phone so asked me to contact them to find out what this was for. I contacted them straight away but they refused to talk to me, only saying that they would be back before the weekend and would gain entry using a locksmith if necessary and take what THEY felt might belong to my son. He also said that it was my sons fault that i was in this predicament and there was nothing more to say until my son contacted them. On his return the next day he phoned them and found out it was for a £3.40 train ticket that south west trains refused payment for at the other end of the journey, which now stands at a whopping £850.00. Marstons refuse to budge, he has now spoken to CAB and a solicitor but they say nothing can be done as it is a civil matter. All we can do is hope that they agree to take it back to court! I have had to take time off work incase they come while i was out and get into the house and but my employer will only have so much sympathy. I have told my son that i cannot have him staying here again while this is hanging over us. I do not have reciepts for many of my posessions as mostly bought from friends/family/private sales/ebay etc. so cannot prove they belong to me rather than him. Does anyone have any advice or ideas, if i dont get some sleep soon i'll go crazy!
  15. Hi there, So a year ago when I was extremely broke, I got caught for stealing a sandwich from m&s. stupid mistake-I know. I literally hadn't eaten in a couple of days because I actually couldn't afford food, literally so it seemed like a better idea than asking my friends to borrow some money.. As it happens the police were there and gave me a fine but because I didn't have any identification on me they just trusted that I had given the right address and name. I did have every intention of paying the fine but I really didn't have the money straight away and as things progressed and with me moving into a cheaper address it got forgotten about and because I had never received any reminders it remained that way until 2 days ago... Apparently the bailiffs went to my old address and gave a letter to the new tenants from marston high court enforcement officers & certified bailiffs and the fine has been increased to £420! I'm so scad because I really can't afford this, especially not when I still haven't managed to pay my rent this month but I don't want to go to prison What can I do?? Please help! I wouldn't mind now if I just paid e original fine and perhaps loaned money for it but I definitely can't pay the full 420
  16. Hi, I would help some help regarding where I stand as I'm struggling to pay the full debt that has been increased by Marston. Currently I'm unemployed. Some time now I received a ticket for having no lights on my bicycle. The original ticket was for £30.00 and forgetting to pay for this ticket and has been some time now (13/11/2011). This is the first time I've heard about this since the ticket was issued on 13/11/2011, no reminder letters etc. I have just received a letter from Marston regarding the matter and the fine still is now £45.00. But they have added an extra fees off £85.00. This is their first point off contact and say I have "Within 7 days" to pay off the full sum of £130.00 or they will attend levy distress etc of a further sum of £215 which I cannot afford. Reading back and forth throughout the forums getting mixed messages and thoughts. Some saying about civil debts they cannot add additional funds on to the figure. Though I was just briefly reading the HMCTC pdf regarding 'About Bailiffs and Enforcement Officers' and stating that HCEO can add fees.... ("HCEOs are entitled to charge fees and add them to the money you owe. The fee scale is set out in the High Court Enforcement Officers Regulations 2004 but not all of the fees are fixed and in some instances the HCEO can charge ‘reasonable expenses’.") So question/advice I'm kinda looking for is how do I go on about tackling the situation where I cannot afford to pay it but wanting to directly pay the original fine. Many Thanks, Robert
  17. Hi All, I'm new here so fingers-crossed that this is in the correct forum. Until around 3 weeks ago I had a former friend lodging at my home. He was only here, on & off, for around 6 weeks, I had to throw him out because he caused substantial damage to my home and neither arranged to have the damage made good, paid for it to be done or even apologised (& I'm talking about what will in total be over 1,000). I've since received a number of items of post addressed to him. Today when I got home another one had been delievered except I didn't notice it was for him until after opening it. It's a letter from Marston: "We are in posession of a Magistrates Court Order as a consequence of non-payment of the above amount. We are instructed to demand immediate payment in FULL from you. We must inform you that unless the TOTAL sum due is paid into our office within 7 days of the date of this letter, our bailiffs will attend to levy distress and remove your goods for sale by PUBLIC AUCTION. This action will involve minimum further costs of 215." It was seemingly non-payment of a 35 fine for 'A*****t by b*****g' + 85 fees. Not wanting something like this to be recorded against my address I called Marstons, it was a -long- process just to speak to someone. The first time, after being on hold for ages the line was answered, as I started speaking it went dead. I called back, more time on hold. This time I was able to start explaining the situation but after a few moments the line died again. In case it was a problem with the landline at home I tried from my mobile. More time on hold & yep, same problem after speaking for a few moments. On the 4th attempt, having speant over an hour on hold I eventually got to speak to someone properly. I explained the situation and explained that because the addressee left under far-from-favourable circumstances, that he did not provide a forwarding address but that I had subsequently discovered where he was working, I offered this information but it was refused with no explanation beyond "I need a residental address". I said I thought it was ludicrous that they were being offered information which would enable them to find the person they're trying to contact but were refusing it. I then specifically asked for my address to be removed from the persons record. I was told that I would have to send them a utility bill in my name. I asked what that would acheive, given that it neither prooves I actually live at the address or that the person they are chasing does not. I received no sufficient answer to this, only mumbling about bailliffs visting. I asked again both what sending a utility bill would acheive and also why I should have to do anything given that I'm not the person they're chasing (this being particularly annoying when I've already offered contact details (which they could verify with a single call) and when they could verify my residency here on the electoral roll). When I didn't get a sufficient reply again I asked to be transferred to his duty manager and I was asked why he should!! I said that I wanted to speak to someone in authority there and the reply was "I'm in authority, I'm a senior member of staff" so I pointed out that if he was "a senior member of staff" that he wouldn't be taking first-line calls. I then asked again to be transferred to his duty manager and he refused. I asked for him name, given the fact that he had a strong accent, because he was obviously very agitated and because I wanted to be sure I asked him to repeat and the response was (shouted) "A-L-F-I-E, did you get that, was it simple enough for you?". Given his appalling attitude I hung up. So........... as I'm not an expert in these matters what should I do next? I have no wish to avoid either Marstons or my former lodger running up expenses and charges etc, that bit doesnt bother me in the slightest. However, I dont want any of this to be recorded against my address. Can I force the removal of my address? How on earth can I proove someone -doesn't- live here? Should I have to proove anything? Can Marstons send someone to my home to seize property? Can they force access to do so? Everything here is mine, there is nothing here that belongs to the former lodger. Many thanks in advance! Richard
  18. Dear all First of all, thank you for creating this forum. I have already found some basic info on how to help a friend of mine simply by searching the keywords. However I would like to explain my friend's situation and kindly ask for an advice. Here is what happened: - My friend. Mr W, sold his car 18 months ago - Soon he received a ticket from Transport for London for parking at a wrong zone - Mr W visited a local DVLA office to clarify it. He was assured everything was dealt with. - He moved to a new address - Today (after 1.5 year) he received a "Removal Notice" from Marston: "I attended your address today at____ to arrange payment under the terms of a warrant issued on behalf of the above client (Transport for London). Despite previous visits and notices this matter has not been settled, which means the costs are increasing and I therefore urge you to contact me on the telephone number immediately. Please Note that the amount now due is £477.04 inclusive of charges for today's attendance. If this amount is NOT PAID IN FULL IMMEDIATELY a further call will be made, Without Notice, to effect removal, for sale at public auction. Such action will render you liable to further substantial costs. ...... ..... DO NOT DISREGARD THIS NOTICE" I will mention again that my friend sold his car 1.5 year ago and i assume It was still registered under his name. He visited DVLA office in Norwich. He can also prove that he was at work at the time when the incident happened. After reading the forum I advised my friend to contact the Marston directly and also to visit Norwich Magistrates Courts to seek advice and assistance. Is there anything he should do asap to avoid unnecessary costs and stress? Thank you for any help on this matter Tomek T.
  19. The Department of Work & Pensions has awarded a contract to Marston Group to enforce arrest warrants on behalf of the Child Support Agency. http://www.credittoday.co.uk/article/15233/online-news/marston-secures-government-arrest-warrant-contract
  20. hello just looking for some advice my other half owns £510 to HMCTs sussex for unpayed court fines from about 6 years ago ,for some reason his mail from the courts were getting sent to his mates house he has been living with me for 4 years and we have been claiming esa since then , back in dec 2012 was the first time we had heard about the letters from his friend , his friend give them our address and thats when we got a final notice lettle then we got a letter from the courts saying their is a warrent for his arrest so we rang them and arrange to pay monthly at the paypoint and that we would recive the card in the post we never did now we have a another removal letter so, today i awsered the door to marston as the other half was out she said she cant speak to me about it and asked me to get him to ring her ,and then she said im done and i will post a letter to give to my other half so i shut the door and she put the letter though, my other half has rang the court who says its being delt with though marston and to ring them so we have and have now been told their was no payment play set up as it was just a new adress that was set up :/ the enforcement officer is saying we can either pay it all witch we told her we cant as we are on esa and not got that sort of money , so she said they will take our goods , and then only then if we havent got enough goods to sell they will then see if we can set up a payment plan :/ so we asked can we not just set up the payment play then she said no i am coming out with the police today to see what goods we have got that was 2 hours ago and she hasnt come back yet she did say tho she has a disstress warrent tho ? what can they take ? i own the car not my other half , the wall mounted tv i brought on my bank card and the 2 pc where from my bacnk card aswell iv got statments showing this are these items mine or can they take them for my other halfs dept ?? someone please help i have no idea what all this means
  21. Hi all, If anyone could help, I would like some advice on a PCN which has now been handed to bailiff..here are some details 1. A PCN was issued when I had displayed my expired Blue Badge (there was delay in issuing new valid blue badge as it was coming from a central place - my council had issued a notice for my borough). I challenged the PCN stating I was waiting for a new permit to be issued, providing a copy of my valid and expired permit) however this was turned down. The PCN was £50. 2. Because of many other things going on including giving birth at the time, I did not pay the PCN 3. Marston Group then wrote to me demanding £95.44 (£82.00 Fine, £11.20 fees, £2.24 vat) 4. I sent a cheque for this amount but this was NOT received by them (the cheque was not cashed) 5. Then 2 months later a hand delivered letter was posted in my mailbox demanding £280.72 (no breakdown of fees and only surname of bailiff) - he did not make his way to my door. 5. On speaking to the head office, they advised me the cost was actually over £300 6. The bailiff then sent the following total £339.04 by txt (fine & costs £82, Bailiff 1st letter fee £11.20, Bailiff attendance fee 1st visit/ATR £203.00, VAT £42.84) Can anyone help me resolve this as quickly as possible at the most minnimal cost. I understand they have costs but £203 + vat for a visit seems absolutely extortionate, can they really charge this much legally. Many thanks
  22. Hi, I was just looking for some advice please. In 2011 I rather foolishly was arrested for being drunk & disorderly At the time I was given to option of going to court or paying a fine of £120. I chose to pay the fine as it would have meant taking time off work for court. Since then I have moved address twice and had forgotten about the fine. Anyway this morning a bailiff turned up at my property demanding £420. I asked what this was for and he said £120 for the original fine, £85 bailiffs fee & attendance/removal costs £215. I said I do not have that amount currently but I could pay in instalments, would this be an option I asked. He said no chance this has been going on for so long that if I did not pay within six days he would be back with a locksmith if needed to empty my property. He said that he would need to enter the property now to give me a notice of distress and to note any of my belongings down. He also said that if I remove any of this property I can be charged with theft! In hindsight I have made three mistakes: Drinking too much & being an idiot! Not paying the fine! Then letting this bully into my flat! I do not mind paying the original fine of £120 but I think £420 is rather excessive. Is there anything I can do?? I have read about statutory declaration in other postings but I do not know how to about this or if it would even apply to me? Any help would be much appreciated, Thanks
  23. I received a letter from MARSTON dated 26th March 2013 on the 28th March 2013 stating the following : Offence : Drive a mechanically propelled vehicle on a road / 26/04/2011 Fine : £450 Fees: £85 Total: £535 It states they are in possession of a Magistrates Court Order as a consequence of non payment of the above amount. We are instructed to demand immediate payment in FULL from you. We must inform you that unless the TOTAL sum due is paid into our office within 7 days of this date of this letter, our bailiffs will attend to levy distress and remove your goods for sale by PUBLIC AUCTION. This action will involve minimum further costs of of £215. I am totally disgusted with this company !!! I stupidly had a £330 bill and a similar letter from them last year and paid it !!! This time I know firstly the offence stated is not an offence unless you have no tax or insurance or were caught speeding none of which I have done, and secondly the HM Courts and Tribunals Service reference they have given me doesn't exist as I have sought legal advice !! The solicitor I have spoken to said these guys are rip off merchants who use bully boy tactics and are a total disgrace !!! I have been instructed to email them and write to them recorded delivery stating that I have moved house in the last few days ( and to keep my car in the garage out of sight ) and to tell them I only return there to collect mail once a week, and that I have no fixed abode to date soo they can either reply by mail or letter to my previous address the choice is theirs but I no longer live there ! I have been instructed to insist on a copy of the Court Judgement, and proof of the money owed and the actual offence commited with details of time and location ! I have also informed them that my previous address has recorded security cameras and the new tenants are fully aware of the situation and will take legal action against the Marston Group if ANYONE from their company even puts one foot on their property !!!
  24. This morning Marston Group issued a Press announcement which states as follows: What's happened Marston’s parent company, Marston Holdings Limited, has received additional funding from the Rothschild Group, Lloyds Bank and Inflexion. It has also just acquired Rossendales Limited. Marston and Rossendales are therefore now sister companies within the same corporate family. The enlarged Group, which specialises in an integrated compliance and enforcement process, now provides services to: · Her Majesty's Courts and Tribunals Services · Her Majesty's Revenue and Customs · Legal Services Commission · Child Support Agency · Student Loans Company · Transport for London · 196 local authorities across England & Wales · 500 solicitor firms and private clients Broader client services capability Being part of the same Group will help each company to offer more services to each set of clients. The two companies should also bring out the best in each other, and will be able to learn from each other. Marston Holdings now receives 1.2 million cases each year through Marston and Rossendales. Over 1,000 staff and self-employed agents work for, or with, the two companies. Marston and Rossendales recovered over £150 million for the taxpayer last year, which is equivalent to the annual salaries of around 6,000 nurses. Over £50 million was recovered for private clients. The creation of the UK’s first judicial services corporate of scale, undertaking significant early stage compliance collections, tracing & investigation services and every type of court order recovery, offers significant benefits for both clients and customers. Client and customer benefits An independent Advisory Group has just been formed, for example, with a remit to oversee governance and ethics of both businesses. Appointees include: · Baroness Eaton, former Chair of the Local Government Association · Elizabeth Filkin, former Parliamentary Commissioner for Standards and former Chief Executive of Citizens Advice · Vernon Everitt, Transport for London’s Managing Director of Customer Experience · Marc Gander, Consumer Action Group founder · Mark Glover, Chief Executive of Bellenden Public Affairs · Claer Lloyd-Jones, ethical audit partner This is a ground-breaking initiative that provides a high level of assurance that reputational risk is being managed effectively. Body worn videos are also being rolled out to every field agent across the two organisations, and the scope of Marston’s ongoing ethical audit is being extended to cover both businesses. Further pioneering initiatives are due for rollout by the summer. Full details are on the Marston Group's new website at: www.marstongroup.co.uk
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