problem with marston bailiffs

[leeontop]

2 months ago i got caught using a tv without a licence the court hearing was at the end of apr, so i sent my means form back as i was asked to do. well about a month ago the fine came through it was £215 inc fees, it seems that they ignored all my income details on my form (i am on dla and income support and i stated that i could only pay £2 a week ) i had to pay the total in seven days, well to cut the story short they have sent it strait to the above bailiffs and i have recived a letter saying that i have to pay the full amount in 7 days or they will call on me so my question is what should i now do as i cant afford to pay in full

 

 

thanks

[tomtubby]

I am so very shocked at the speed in which HMCS have sent this account to outside bailiffs. It is a shame that you did not know that you can have this fine deducted t source from your income support. However the repayment is set at £5 per week.

 

I would suggest telephoning the court this morning to ask for an explanation.

 

I think that we have a template letter on our Bailiff Advice website which I will send to you which is a request to the bailiff co to send the debt back to the court.

 

I have sent you a private message.

 

PS: What date was the letter dated and when did you receive it? (Have you kept the envelope)?

[leeontop]

sadly i have not kept the envolope it has been shredded date of the letter is 12th of june fine was £250

and bailiff fees is £50 just for sending a letter

 

ps i phoned the court this morning it goes to a central office the outcome of it was that they will not help atall she asked me why i had not payed i told her that i was on income support, she asked why i had not sent a means form in i told her i had, she said call the baliff and talk to them.

 

i find it hard to belive that now in the uk the court J.P sets the fine and thats it, the real decitions seem to be made by back office staff so in theory they have more power as they are able to make decitions above that of a JP and decide what ones to send to the baliff.

[kermit2482]

£50 for a letter thats outrageous and not legal neither, we charge £10 for ours Marston are ex Drakes bailiffs by the way

[tomtubby]

The letter fee for Marston to enforce Magistrate Court fines is £50. However this is ONLY for debt UP TO £400.

 

The letter/admin fee for debts OVER £400 is set at 20% of the debt.

 

In a case that our office had yesterday a lady (on benefits with 5 children) had a fine for £690. The Letter fee was £138 (20%) and a first visit fee is £175 !!

 

This is the fee that Her Majesty's Court Service have agreed that the company can charge, In this case, the bailiff is allowed to charge fees of nearly 50% of the original debt.

 

As our office is seeing so many of these fines, I would urge anyone who has been handed a fine in the Magistrates Court to agree payment terms WITH THE COURT as soon as you have been fined. DO NOT LEAVE IT AS HE DEBT WILL INCREASE SUBSTANTIALLY.

[toofiegap]

my son has an unpaid ar tqax fine charged him 90 for the letter im fuming and wo betide if they come to my door

[John McKenna]

I would urge anyone who has been handed a fine in the Magistrates Court to agree payment terms WITH THE COURT as soon as you have been fined. DO NOT LEAVE IT AS HE DEBT WILL INCREASE SUBSTANTIALLY.

 

Very wise words indeed. Details of how to pay and who to call are detailed on the back of the Notification of Fine letter folk receive after the Court hearing. Just remember folks that if the court attempts to make a deduction from benefit, it's your responsibility to ensure the payments are being made and make alternative arrangements if they're not. Also note that if there's any break in benefit, a new application to deduct will need to be made. I constantly hear folk on benefit whinging that it's the court's fault their fine(s) haven't been paid because they haven't deducted the money from their benefits - it's the benefit agency who make the deductions and there are countless reasons why deductions are refused. In typical benefit agency style though, the reasons for deduction refusal are rarely passed to the court.

[tomtubby]

" my son has an unpaid ar tqax fine charged him 90"

 

Can you re-type this so that we know what type of fine this is.

 

Which company is this from?

 

Did your son receive all of the papers?

[FairPlay77]

£50 for a letter thats outrageous and not legal neither, we charge £10 for ours Marston are ex Drakes bailiffs by the way

 

Whatever the 'charge', the organisation attempting to impose it should be made to show how the figure is worked out. How can the person who they are trying to charge make a reasonable, facts-based decision on the correctness or otherwise of the charge if he has no information on which to form his judgement? If someone tells me that I have to pay X amount of money because they have sent me a letter, I will only do so if they have the decency to inform me how the 'charge' is worked out and I can see that it is reasonable. In my opinion, the law should be changed to make a detailed breakdown of such charges mandatory.

[kermit2482]

The letter fee for Marston to enforce Magistrate Court fines is £50. However this is ONLY for debt UP TO £400.

 

The letter/admin fee for debts OVER £400 is set at 20% of the debt.

 

In a case that our office had yesterday a lady (on benefits with 5 children) had a fine for £690. The Letter fee was £138 (20%) and a first visit fee is £175 !!

 

This is the fee that Her Majesty's Court Service have agreed that the company can charge, In this case, the bailiff is allowed to charge fees of nearly 50% of the original debt.

 

As our office is seeing so many of these fines, I would urge anyone who has been handed a fine in the Magistrates Court to agree payment terms WITH THE COURT as soon as you have been fined. DO NOT LEAVE IT AS HE DEBT WILL INCREASE SUBSTANTIALLY.

 

I'm learning something new everyday, i still think its outrageous though

[tonycee]

I constantly hear folk on benefit whinging that it's the court's fault their fine(s) haven't been paid

 

Ah, my poor heart bleeds for you.

 

But then, im sure you will cope.

 

After all, it takes a "special" kind of "person" to consciously take the last few pounds off a single mother on benefits.

 

Yes indeed, to think she could have fed her children with that money.

 

Tut Tut.

[toofiegap]

sorry my typing is abomible my son was caught not having tax onhis car. he received a letter from marstons saysing pay 140.00 within 7 days or they are coming to clear the house (ITS MY PROPERTY HE JUST STAYS HERE) they charged 50.00 for the letter (sorry was 90 for the fine) for the letter unreasanable fees I believe???? He has already plead guilty to the court and will be paying them so why in the Flying beebs are marstons involving themselves in this sorry Im very angry about this and the threat of these greedy low lives trying to take my possessions.

 

They havnt arrived yet the letter states 7 days from june 23rd.

 

I panic with this cos I myself dont have any debts now at all and that they would get in here and raid my property.

[kermit2482]

Firstly, not all bailiffs are greedy low lifes!!! I appreciate your anger and frustration though so i will let you off Let me assure you that if this is your property and your son is just residing with you then the bailiff has no right taking anything, just make sure you can prove all the belongings in the house belong to you and NO BAILIFF can take your items in order to clear your sons liability !!

[toofiegap]

problem is most of the stuff in this house is old and treasured as it is inherited so except for my partners things (electrics telly and x boxes) no receipts im worried they will take my late mothers jewellry. no walk in possession been signed as they havnt turned up as yet and I have kept doors and windows locked agonising as its so damn warm in here

[kermit2482]

problem is most of the stuff in this house is old and treasured as it is inherited so except for my partners things (electrics telly and x boxes) no receipts im worried they will take my late mothers jewellry. no walk in possession been signed as they havnt turned up as yet and I have kept doors and windows locked agonising as its so damn warm in here

 

No signed walkin pocession ( NO PROBLEM ) :)

[kel123]

I admire your confidance Kermit

[John McKenna]

Ah, my poor heart bleeds for you.

 

But then, im sure you will cope.

 

After all, it takes a "special" kind of "person" to consciously take the last few pounds off a single mother on benefits.

 

Yes indeed, to think she could have fed her children with that money.

 

Tut Tut.

 

C'mon tony, if it's stereotypes we're dealing with again, everyone knows booze and fags come before feeding the kids.

[toofiegap]

I wish I had the confidence like that every time the door goes I jump like a kangaroo

[kel123]

When Kermit says NO PRBLEM it can be taken 2 ways

[tonycee]

everyone knows booze and fags come before feeding the kids.

 

So what gives YOU the right to be self appointed judge and executioner. ?

[leeontop]

thanks for all replys

sadly my very final attempt to sort this problem out has failed

let me put the events in order

 

sometime in feb caught using my tv without a licence singend up on the doorstep to cash easy entry

sent in my means form in very good time stating £5 weekly offering because i am on income support.

3 apr 2008 case in court (did not atend)

25 apr 2008 notice of fine £140 + £75 costs to be payed in full by 1 may 2008 within 1 week

2 may 2008 visited the court but was told had been sent to outside bailiffs

12 june 2008 letter arrived from marston bailiffs fine £215 + £50 for sending letter

wrote to marston pleading with them to send back to the court sent simler letter to the court marstons have replyed court have not botherd,

marstons have replyed saying that they will not send back to the court and they will be visiting very soon to take my goods. this letter was recived 1 july 2008

as a final attempt i went to the cab spent most of the day there even they could not sort it out

so today i now wait for the bailiffs to call having made every attempt to make an arrangement to pay but being refused at every point i Have been ill for many years and are disabled, i spent 3 days in hospital last week it was then that i found out that they can break in so i had to leave hospital even though maybe i should not have done , i am diabetic and i need a cpap machine to brethe at night my tv and laptop are on hp so canot be taken i feel very bullied and as though i have not been given a chance to pay

i am now worried that should i be in hospital again all my medical eqipment will be taken

i dont think there is any more help that can be done now

 

anyway i thought i would update everyone

Edited July 4, 2008 by leeontop

[inta]

thanks for all replys

sadly my very final attempt to sort this problem out has failed

let me put the events in order

 

sometime in feb caught using my tv without a licence singend up on the doorstep to cash easy entry

sent in my means form in very good time stating £5 weekly offering because i am on income support.

3 apr 2008 case in court (did not atend)

25 apr 2008 notice of fine £140 + £75 costs to be payed in full by 1 may 2008 within 1 week

2 may 2008 visited the court but was told had been sent to outside bailiffs

12 june 2008 letter arrived from marston bailiffs fine £215 + £50 for sending letter

wrote to marston pleading with them to send back to the court sent simler letter to the court marstons have replyed court have not botherd,

marstons have replyed saying that they will not send back to the court and they will be visiting very soon to take my goods. this letter was recived 1 july 2008

as a final attempt i went to the cab spent most of the day there even they could not sort it out

so today i now wait for the bailiffs to call having made every attempt to make an arrangement to pay but being refused at every point i Have been ill for many years and are disabled, i spent 3 days in hospital last week it was then that i found out that they can break in so i had to leave hospital even though maybe i should not have done , i am diabetic and i need a cpap machine to brethe at night my tv and laptop are on hp so canot be taken i feel very bullied and as though i have not been given a chance to pay

i am now worried that should i be in hospital again all my medical eqipment will be taken

i dont think there is any more help that can be done now

 

anyway i thought i would update everyone

---------

 

Sorry to hear about your illness and I hope things turn out ok for you..

 

How did you get on with Marstons, did they come round again or have you sorted it out..

 

Inta

[holyboo]

I'm a single mum and live with my 15yr old son, Im on dla for panic disorder and anxiety, july 08, at 8.00am, i jumped out of my skin as there was heaving banging at my door and a bloke shouting POSTMAN, i got from bed and wen i opened my bedroom door i wet myself with fear as there was a man shouting for me to come down actually in my house in my kitchen, i froze i shouuted who are you he said were from the courts, i reluctantly went down and 2 of Marstons warrent officers was in my living room and had opened my curtains, they was at my property for a tv lisence fine that was in my ex boyfreinds name whos surname is coinsidently the same as mine, but he never had lived at my address sum how sum confusion sumwhere, i explained he didnt live at my address or did he ever, but they threatened to take all my furniture if i didnt pay it, Mr Roberts was the cocky one, he then got his mobile and sed can you send police round and a van, i wasnt shown no ID or paperwork but was too shocked at time to think, in panick as ive nothing of any vakue anyway but wats mine is mine and my sons i asked for more time he said 20 mins thats it. In the end i rang my elderly parents panicking and my mother paid 412.00 on her credit card to them, they left me a receipt with my exs name on it but my address and went. My son witnessed how these offiicers intimidated and bullied me into paying he was listening at the top of stairs scared. after getting over it a few days later i contacted a solictor and wrote to my local mp who contacted Marstons on my behalf and Marstons have refunded my mothers money as these officers claim i agreed to pay my exs debt (yeah right) does this mean there admittin they are wrong and can i now claim for damages.

[tomtubby]

Unless people make complaints about these people then nothing will be done as the bailiff company are allowed to use uncertificated bailiff fro the first 6 months.

 

In this case I would suggest writing a letter to the relevant complaints manager dealing with HMCS complaints. Can you post here the details of the area you are in and I will post back with contact details.

 

By area I mean, South, South East, North East etc, etc.

[DODGER1978]

hi,i am also having problems with marstons,they are demanding 300 pounds within the next 3 days then another 300 pounds 7 days after,they will not accept any type of payment plan.this fine is for no tv licence,the origanal fine was 375 they have sent 2 letters at the cost of 50 pound a piece the rest is admin fees.they called at my address today stating that if we dont pay then they will remove goods also that a warrant will be issued for me and once arrested i wont be released until full amount is paid?.can anybody help,thanks