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Hi, I wondered if someone could offer some advise?

 

On Friday 17 July my husband was loading his van when he was interupted by Mr Deboick from Marston Group who advised him he was there to collect £455 for several outstaning fines that had been collated together.

 

Mr Deboick explained that they were for mobile phone fines and a seat belt fine, my husband told him he will pay for the mobile phone ones but not the seat belt as we had an issue with the court, he advised us he could not split them and if we could not pay he would be back on Monday with a locksmith and police officers to retreive goods!!

 

Mr Deboick said that he was there as we had not responded to the letter they issued in May. I told him we had not received this letter and was not lying as unfortunatley my husband is a self employed builder and money was tight so we had received several letters from different baliff agencys over the last couple of months and once received the debt was paid and had we received a letter from Marston group this would have also been paid.

 

He again said that the letter was issued and he wanted £455. I asked if we could set up a payment plan he said no as Marstons are only interested in the full amount as it gets the accounts closed quickly. We advised him we could not pay this so he completed a card for us and said he would be back within 7 days to conclude the matter with a locksmith and Police officer.

 

When I read the card I noticed they were formally Drakes Group Limited !! oh not them!!! In 2006 we had Drakes turn up on our doorstop telling us we had to pay £££ (I can't remember as so long ago and had another kid so mind gone!) or they were going to take goods, they then went on to tell us that they had hand delievered a letter and as we had not responded it was either money or goods. I asked them what date this letter was issued and the date they gave I knew they were lying as my son was off sick from school and his bedroom is right next to the front door and no one knocked and there was no post so we know they were lying, they then called the police and took our car which we got back at the end of the day due to their cock up!!!

 

So having read they were formaley Drakes we knew they were lying about sending a letter to us!!! When I called Marston they said it was out of curtisty they send the letter as they don't have to and it does not matter if we receive it, So why do they charge £50 for sending it, and then another £175 for turning up because we did not respond to their letter that they did not have to send!!

 

I tried to contact the court to find out details of the fine as the baliff would not supply these. The fine came to £230 but they could not take payment from me as it was now with Marston.

 

I know we are partly in the wrong as we did not pay the fines when my husband got them but one of them I lost the payment slip and phoned the court who could not give me any details as the police officer had not input them yet. I did try phoning again two more times but their systems were down and my husband thought we would receive something through the post chasing payment!! how wrong were we just the baliff!

 

I did manage in the end to split the payments as we have a court hearing about something else coming up which worked in my favour.

 

My issue is do I have to pay their £50 letter fee & £175 attendance charge. I have paid £260 as I did not want to risk him turning back up with everyone when I was home alone with my 2 year old I am supposed to be paying £195 on 5 August.

 

What should I do?

Am I right in understanding that when as distress warrant is issued they can not gain access to the property, they have to obtain a court order to do so?

I also think the baliff is not registered as his number was 1155 and am sure this is not right.

 

Sorry if it is confusing but I could of carried on for a long time!! but tried to shrink it down a bit.

 

Many thanks

Lisa:confused:

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they can enter the house for a magestrates fine IE the seat belt but not for the debt as in Phone companies so if the fine has gone back to the court as there is an dispute then no because the writ they are collecting is is not a fine or council tax it is not against the law not to pay bills

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Firstly thank you for your quick response.

 

Secondly sorry as I don't think I explained the mobile phone issue correctly. The Mobile phones are on the phone whilst driving. I know my husband is an idiot!!

 

So I think they have the right to enter, after reading your post 'lets fight bailiffs'

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funny you should say that i also was done for that and to be fair you are still right i also am an idiot.but i walked away from the court with no fine and a clean lisence how old are the fines and have you ever moved in between getting stoped and the court catching up with you

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Sorry wasn't classing everyone as an idiot just my husband who was stopped twice in the space of about a week!!

 

It is about 6 months since the offence's, No we haven't moved.

 

But he did have to go to court, and then it came to light that his license had been suspended in 2005 as points weren't added but fortunatley they were hand written on so got away with fine and points rather than being done for no license.

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are you working and how did you agree to pay the fine at the time ?

 

and no i am an idiot you was right i should not have done it and i now have a hands free kit (just in case there is any police sat waiting for me)

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I'm not working, my husband is working self employed builder.

 

no arrangement was made at the time, just given a form with the amount that needs to be paid.

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do you have a house old income of less than £14.000 and do you recieve tax credits or working tax credits

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No it is higher than that, no we do not claim and benefits or tax credits. Our income is £30,000

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