Marstons Bailiffs Calling (Magistrates' Court Fine) - Help Needed!

[infiniteseeker]

Dear Help Me,

I am facing a similar mess of a situation, I do hope you managed to find a beneficial solution to your problem!

 

When I read this forum I am continually reminded of this quote:

 

"Every society is judged by how it treats the least fortunate amongst them"

 

Best Wishes

[carnation]

:???:I have had dealings with this shower for nearly a year & still got no where as they are just liars, below is just 1 copy of 6 letters they have had from me,

Dear Sir/Madam

I am writing to you regarding the above A/c No’s. These essentially related to where an, as yet, unknown person gave my sons name & address relating to an offence of walking along the hard shoulder of the motorway. In the wake of this the Courts at Manchester then asked your company to collect the fine imposed (£45.00). I had written to the courts stating that it was not my son, and to your company. I received a letter from the police saying that he had to sign forms to declare that it was not him, but was never told to attend the court to go before a judge.

On the day that your representative called to enforce collection, which had increased to £270, I told him that I was awaiting an answer from the courts about what I had to do. I then told him I have to deal with everything for my son as he has a nervous disorder & starts stuttering in such a bad way he becomes angry & tearful as he cannot get his point across. I also explained that my son only had an old portable TV in his bedroom, to which he then turned his attentions to myself & informed me that he had the right to take what he wanted unless I had a till generated receipt, I explained that I had had a house fire & all my furniture was either second hand bought or given to me. He refused to move his foot from out of the door, even when I explained that I was in severe pain due to being disabled & could not stand up for more than a few minutes, he just kept saying the van is on its way so you had better hurry up & get the money. In the end I had to sit on the hall floor, whilst ringing around to see if I could borrow the money He then told me about the procedure before the judge & sign an affidavit. He explained that this happens a lot and he would have to collect on the warrant but once the court paid back the fine I only had to write to your firm for the return of the remaining £225. I asked him why it had gone up so much & he said standard charges

My son attended court the next day (10th June2009) who found in his favour & dismissed the case, realising that I had sent several letters to them & that the procedure had not been explained to us, he also told me I could contact the bailiffs for reimbursement. I told the judge that your Mr Numpty had informed me that if the judiciary cancelled the fine then your company would return the balance.

This amount of money I did not have & neither did my son, and only for a neighbour I would have had what little I have seized by Mr Numpty As I am only in receipt of state benefits and thereby in very much reduced financial circumstances and am a single parent. I have no money to live on let alone lose because of the actions of a third party.

I should like to conclude by adding that I think Mr Numpty acted in a matter that was unduly aggressive, & threatening. He has tried to levy illegally, and under Section 2 of the Fraud Act 2006 made false representations to obtain money. I am going to write to the courts for a detailed assessment of fees and as to whether the amount I was charged was reasonable or not especially as the courts have refunded the original fine. According to HMCS leaflet EX345 the charge imposed should not exceed the fine itself, & no additional fees should be levied as no goods were removed. I am asking the Magistrates court for form EX106A re entitlement to fee concession & how I should proceed regarding full re-imbursement , & compensation,( in my name as I paid the charge & only I have a bank account.) as I have been left with snowballing debts since I was tricked into parting with this money, that not only my son did not owe but the debt was not even in my name. If you need any paperwork that relate to this case or evidence, I can provide it immediately. I look forward to hearing from you in 10 days.

I received yet another letter from Marstons in Jan 2010 saying I have been through stage 2 of complaints procedure & because of several reasons. they are not refunding.

1 My son did not let anyone know it was not his fine

I did I wrote to them & the courts on several occasions.

2 I did not say in my very first letter how many lies Mr Nellist told me

I thought I just had to ask & explain thr fine had been withdrawn, that’s why

3The original letter the court sent with the £45 after my son went to court & swore it was not his fine worded the letter wrong & put it as an overpayment instead of a refund

I now have the right worded letter from the court

It has now been nearly a year so I am now going to lodge it with the local courts.

Any advice please?

.

Yours Faithfully

[seanamarts]

Trying to get money out of Marstons is like getting blood from a stone, I know this full well myself. They are a bunch of crooks. I dont know how to advise from here, but maybe some one else can if not maybe pop to the solicitors and see if they can help, preferably a criminal solicitor, shame you are not in my area as I could recommend a really good one.

[ploddertom]

Only one way to deal with people like this, send them a Letter Before Action enclosing a copy of Form N1 from HMCS website and give them a strict 7, 10 or 14 day timescale. You must be prepared to carry it through though. When push comes to shove and you can't afford the fee to apply also fill in Form EX160 for fee remission.

 

PT