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Found 12 results

  1. Thanks for any help guys, I am just going through old letters and paperwork to sort out and have just opened a letter from Collectica regarding an old HMCTS debt. This must have been an old court hearing regarding somebody saying I hit them from behind. I never did and in fact it was the car next to me speaking a language I could not understand that had hit the car. There was no damage to any cars and I phoned the police at the time to make them aware. We are going back some 7 years. At the time There was a court hearing that I did not attend (I was going through a very difficult at the time with hospital and letters was the last thing on my mind) upon coming out of hospital (1 month in) I attempted to sort the mess out and did a stat dec. Rather silly but I got the date mixed up and missed the court date by 1 day. fast forward and I have a letter from collectica dated mid july 18 warrant of control and gives 14 days to contact them. We are now 30 days ahead. I know I should not be paying a single penny I never touched any car. But that wont stand up aywhere and there is a 2k amount that I guess I just dont have a say in other than to pay it and shut up. I am hoping for some advice in terms of perhaps setting up a payment plan and not to have baliffs turning up at the door. thanks for any help guys it is much appreciated..
  2. Hi, This is my first post here and need some advice please - Had a letter given to me by mum yesterday which I opened to see it was from marstons and a notice of enforcement for HMCTS for £8,900.00. I was given a £11,600 fine last year for a VAT debt from the magistrates ( was to do with no giving security at the time) which was a £500 fine and £11,100 compensation. I have been paying this fine and was being paid every month, I believe the last couple or maybe just 1 (need to check) haven't gone out for some reason. Obviously debt has already gone down by £1700.00 since June last year when imposed. The details on the notice of enforcement state " a warrant of control has been issued by her majesty's courts and tribunal serve, distress warrant and then a date of 17/05/2017. I have read somewhere about it can only be enforced within 180 days of the date? What does that mean? I don't have £8,900.00 to pay marstons and don't know what to do, I have read that they won't accept payment plan? I am already in an IVA as of Feb 2017 which I know this can't go in as is a court fine. Will the court if I call them cancel this down and go back to the original payment plan? Any help would be great. Thanks in advance. Adam
  3. 10 years ago, my motorcycle was clamped for allegedly being on the road when SORN. I do not believe that this was the case, I paid the release fee and shortly afterwards moved to Guernsey. I learned that I had been prosecuted without my knowledge, but as there was no way I could be pursued for the fine out of jurisdiction, I forgot about it. Having moved back to the UK, I received a letter from HMCTS historic debt team demanding £523.75. I contacted them to say I had been prosecuted without my knowledge and was advised to make a sworn statement to that effect in my local Magistrates Court. I am currently awaiting an appointment to do this, but have today received an attachment of Earnings order. Where do I stand? If I am successful in my not guilty plea, will the money be returned?
  4. The Ministry of Justice has announced today that it will be outsourcing the collection of Magistrate courts fines currently done by almost 150 civil servants to the private sector. I have written on this forum since 2013 of the proposed plans which were abandoned approx 2 years ago. The vast majority of Magistrate Court fines are already enforced by the private sector (by Marston Holdings, Collectica Ltd, Swift and Excel Enforcement Ltd). A small proportion are also enforced by HM Courts & Tribunal Service Civilian Enforcement Agents. CEA's have the authority to search premises and place defaulters in custody. Their work will now be undertaken by the private sector.
  5. Hi If I have posted this in the wrong place than I apologise and please move to the correct forum I am looking for a bit of advice on using the Courts in reclaiming around £6,000 PPI which has been rejected by the Card owners and it is too late via the FOS. I am unwilling to use MCOL due to the £495 fee which is 70% of my income. However I am considering using the Small Claims Court but need a little bit of advice on fee remissions I am a retired British Ex Pat who is married to a Filipino with 4 children and currently surviving on a company pension which is bellow the fee threshold Q ... Can I still claim the fee reduction being non resident (I am resident in the Philippines) Thanks in advance for any help / advice.
  6. Hi People, hope somebody can give me some advice what to do. I used to live in the Uk for 3 years. Now I'm back in my home country since 5 months in the EU. My old flatmate has send me a Letter from Marston over. Were they claim I owe HMCTS ..... more than 600BPF! He hasn't informed them where I live and will not do so. Only 2 Client ref. Numbers are on the letter nothing more! Not for what they charge me! (what could that be any thoughts?) I'm normal the sort of guy who always payed his bills. I never received a warning or any thing for a missing payment. Letter says: We are in possession of a Magistrates Court Order as a consequence of non payment of the above fine. Your residence at the above address has been identified by Marston Groups... That i have failed to pay the previous fine... (never got any letter befor) They can take my belongings and may increase the costs... (I got nothing left in the UK^^) So they've got no clue where I live. I'm not sure if i should contact them. But it buggers me because I want to know what they claim "I haven't paid". Other wise I don't want to raise the bill higher and higher and maby need to pay the high amount in the end! Contact them or let them think I got no clue about all this. I really don't know what to do, every advice or any thoughts I'm very thankful for.
  7. One of the most common enquiries that we receive relates to the subject of Magistrate Court fines and whether or not the bailiff/enforcement agent is required to have in his possession a copy of the distress warrant/warrant of control. In almost all cases; the confusion arises from incorrect (and misleading) information on a small number of websites heavily connected to the Freeman on the Land or other such movements. These websites frequently ‘claim’ that companies enforcing magistrate court fines create ‘doctored or counterfeit’ warrants and debtors are encouraged by the websites to pay a fee to download a template letter which they are told to send to various Magistrates Courts around the country. In November a debtor wrote to HMCTS regarding this subject. He received a lengthly response from them which he posted on a forum in November. The following is taken from the HMCTS reply. For ease of reference, in post number two I have broken down their response into separate headings. In this post I have extracted from HMCTS's response the relevant case law: "It is not necessary to generate a distress warrant at the time of its issue; the relevant details can be produced (and provided to the debtor) subsequent to its issue (or indeed subsequent to its execution) but such relevant details should be recorded at the time of issue" "Pursuant to section 125A of the Magistrates’ Courts Act 1980 where a warrant (whether a warrant of arrest, commitment, detention or distress) is executed by a civilian enforcement officer, a written statement indicating the name of the officer, the authority by which he is employed and that he is authorised in the prescribed manner to execute warrants, must, on demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable. Section 125B applies to approved enforcement agencies and makes similar provision". "Part 52 of the Criminal Procedure Rules 2010, rules 52.7 and 52.8, set out the procedure for the execution of magistrates’ court distress warrants. The distress warrant must identify the person to whom it is directed, the person against whom it was issued, the sum for which it was issued and the reason that sum is owed, the court or fines officer who issued it and the court office for the court or fines officer who issued it (rule 52.7(1)". "A person to whom a warrant is directed must record on it the date and time at which it is received (rule 52.7(2)). Pursuant to rule 52.8(2), the person executing the warrant must explain to the debtor the order or decision that the warrant was issued to enforce, the sum for which the warrant was issued and any extra sum payable in connection with the execution of the warrant. In addition, if he has the warrant with him, he must show it to the debtor or if the debtor asks, arrange for the debtor to see the warrant, if that person does not have it and show the debtor the written statement of that person’s authority required by section 125A or 125B of the 1980 Act"
  8. The subject of Magistrate court fines and in particular, the matter of bailiff fees for enforcing such criminal fines has been the subject of much debate on this forum for a very long time ( this will no longer be the case from 6th April when the new fee scale is implemented). Sadly, there are a handful of websites (known to this forum) that are known for providing misleading information to debtors and in doing so, the websites encourage debtors to either take court proceedings against either the bailiff companies, the Ministry of Justice or the Police. For a 'fixed fee' the website even offers to 'draft' the relevant claim forms on behalf of the debtor. It should be noted that to date, the websites in question have failed to provide any evidence of a successful court action. It would seem that yet another debtor (by the name of C.L.Miller) has been misled by the advice that he received on the internet and accordingly, made a Freedom of Information request to the Ministry of Justice in December. The link below is to his question and the official response dated yesterday. https://www.whatdotheyknow.com/request/bailiff_actions
  9. today I received a call from my very distressed partner a letter had been posted through the letterbox from Marston stating that a final notice had been issued on behalf of HMCTS Gtr Manchester and that they will be returning this afternoon to remove goods for sale at public auction. They were asking for £485.00. He contacted the number at the bottom of the letter which was for the 'enforcement agent' who simply advised that unless he paid that amount today the HCEO would come round along with a locksmith and the police to force entry into our home and remove goods to the value. Now, the house which this letter has been posted is mine (I am a private tenant) and my boyfriend moved into the property with me in March 2013. The amount relates to a failure to provide information as requested by the council in relation to a council tax liability order for his old address. He lost his job in September 2012, couldn't pay council tax and buried his head in the sand. The court then issued a fine which has gone unpaid and then Marston have added on their own astronomical fees. I came home from work early as I was obviously scared about some random men breaking into my home. I contacted the local police, debt advice service and the enforcement agent who all stated as that they can force entry and its tough (the police were nice about it however). I contacted the enforcement agent later on and offered to pay the amount requested, she then gave us 1hrs grace to make the payment which I have now done and all action has been stopped. What I want to know is... 1) Could they have broken into my home to collect on his debt despite that fact that it is only me named on the tenancy? 2) Can I claim any of the amount I paid back? The EO stated that £185.00 was the fine amount, £85.00 admin & £215.00 'Attendance Fee' - no one attended. 3) All of the previous correspondence would have gone to his previous address. They must have traced him at my address but no notice was provided to allow us to come up with the requested amount - it was a hand delivered notice & that they will come back later. I am so shaken by this experience, how is this legal? it's only money at the end of the day!
  10. 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!
  11. Hi, A friend of mine has called this morning asking for some advice on an area that isn't my expertise. He is at work now and is unable to post so I said I'd try and get some help from CAG. Basically he was stopped for speeding last year and fined £60 on the spot. He sent his cheque in and it was cashed. For some unknown reason the matter was transferred to a large Bailiff Company. He received a letter from them demanding a higher amount. He contacted them explaining the matter was paid and that there was an error. They were pretty unhelpful e says and demanded a copy of the cheque. He got this from his bank and sent it to them. He also provided documentation that confirmed it was cashed and, foolishly you'll say, provided them with his new address. Yesterday a Bailiff called him on his mobile stating that he was at his address. His wife was at home and there was no sign of any Bailiff so he assumes that he was at his old address. the Bailiff demanded several hundred £s now and stated that he will return tomorrow with locksmiths to force entry. My friend is obviously worried with his wife and kids at home and just wants the matter resolved as he's done nothing wrong. What are the correct steps to stop this action (Forms etc). Any help would be greatly appreciated. HCEOs
  12. Hi everyone i've received some excellent advice before on here and hoping for a bit more advice. I have an arrangement with the magistrates court over unpaid motoring fines which i pay £5 a week based on my circumstances, i missed 2 payments last month when my partner had gallbladder surgery in hospital and i had to look after her and the kids so it just slipped my mind. I received a further steps notice from the courts and went and paid 3 weeks straight away bringing my up to date (i didnt call the enforcement office). My partner had a few complications and had to go back to hospital and i missed 2 payments again (big mistake) which i caught up once again. I have now received a letter from the enforcement office saying they have accepted my payment but have now passed my account to excel civil enforcement. I also got a letter the same day from excel saying i now owe the full amount (£652) plus enforcement costs (£85) within 7 days. I obviously cannot pay- the court knows this hence me paying £5 per week, so i am wondering is there any way i can get this transferred back to the courts due to my partners ill health or will i just have to wait for the bailliff to come knocking? I think the enforcement office have been harsh considering i am not actually in arrears. Any advice would be great thanks.
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