martsons vs me.

[PygmyArr]

hello there, another newbie in need of some advice,

 

here's my story.

 

• christmas 07 moved house
  
• easter 08 (approx) caught speeding in company van i use. informed employer that the copy of my driving license held on record had my previous address on it as i'd moved since they took a copy, please tell head office to send penalty letter to new address.
  
• 2 weeks later, asked line manager to check with head office re speeding ticket, was it coming / did they send it to right address, he'll find out.
  
• 9th july 09, marstons agent calls round. ticket (originally £60 + 3license points) has now reached £935. ouch. pay him £100 cash (got reciept) and he put seizure notces on my worldly possesions.
  
• 20th july 09, attend magistrates court to apply to make a statutory declaration, given date of 4th september 09.
  
• 21st july 09, phone bailiff agent, advise him i'm going to make a stat dec, his voice is one of a broken man.
  
• 4th september 09 make stat dec without hitch, advised re-prosecution is likely via means of a new fixed penalty ticket.
  
• 9th sept 09 email martsons re getting a refund of monies paid.
  
• 30 sept, reply from marstons
  

Thank you for your email dated 9th sept 09

as you are aware this matter relates to the enforcement of a distress warrant issued by hmcs poole in respect of an unpaid fine

 

our enforcement agent was assigned as the warrant remained unpaid despite reminders issued by both the court and this office.

you now seek a refund following a successful stautory declaration. we have accounted to our clients at the court in respect of the principle debt. however it is our view that the order is not applicable to our fees and charges. these were validly and lawfully applied and it is our opinion that a warrant, having been executed, cannot be "un-executed" by such an order. accordingly, i regret there are no grounds on which any refund by us is due.

sincerely someone

customer care & complaints team.

 

Thats it, the story so far, which leads me to the question..

 

who should be responsible for the bailiffs fee's and charges in my case...? were they validly applied (bearing in mind i had no knowledge of any court appearances, had i done so i would have attended)

if it's in my favour, whats the next step for me to take in getting a refund..?

[ambershadow]

Contact tomtubby she is the bailiff expert and she will put you right

[Guest Happy Contrails]

Thats an age-old Drakes letter (Marston used to be called Drakes). I still recovered their fees in the small claims track plus interest 8%.

 

Just file the claim at court on a Form N1.

[tomtubby]

hello there, another newbie in need of some advice,

 

here's my story.

 

• christmas 07 moved house
  
• easter 08 (approx) caught speeding in company van i use. informed employer that the copy of my driving license held on record had my previous address on it as i'd moved since they took a copy, please tell head office to send penalty letter to new address.
  
• 2 weeks later, asked line manager to check with head office re speeding ticket, was it coming / did they send it to right address, he'll find out.
  
• 9th july 09, marstons agent calls round. ticket (originally £60 + 3license points) has now reached £935. ouch. pay him £100 cash (got reciept) and he put seizure notces on my worldly possesions.
  
• 20th july 09, attend magistrates court to apply to make a statutory declaration, given date of 4th september 09.
  
• 21st july 09, phone bailiff agent, advise him i'm going to make a stat dec, his voice is one of a broken man.
  
• 4th september 09 make stat dec without hitch, advised re-prosecution is likely via means of a new fixed penalty ticket.
  
• 9th sept 09 email martsons re getting a refund of monies paid.
  
• 30 sept, reply from marstons
  

 

Thats it, the story so far, which leads me to the question..

 

who should be responsible for the bailiffs fee's and charges in my case...? were they validly applied (bearing in mind i had no knowledge of any court appearances, had i done so i would have attended)

if it's in my favour, whats the next step for me to take in getting a refund..?

 

We have a copy of the Contract between HMCS and Marston Group so I will check this point out tomorrow.

[PygmyArr]

no need folks, out of the blue this morning came a letter from hmcs (courts service) containing 3 cheques, £60, £25, and £15.. totalling £100. not sure why they've sent it in 3 cheques, but hey-ho its my monies back.

 

thanks for all the advice, what little of it was needed, a small donation will be sent your way as soon as the cheques clear...