Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4370 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Can anybody give me some advice, In May I received a letter to my mums address (where I havent lived for 16 years) from Wirral Borough Magistrates stating that they were going to take action over a 53 pound fine for failing to identify a driver in 1999. I phoned the court to query what this was and why I had heard nothing about it in 10 years and they said they could not give me any precise info due to there computer systems having been updated since then. I also quiried this debt as being unenforceable as it is 10 years old. There reply was that it is a court fine and hence does not expire in this way. In August Marstons baillifs posted a letter through my mums door stating it has now gone up to 103 pound. I called Marstons again querying what this fine is for, still nobody can give me any other information other than failure to identify driver. Nobody can give me info of vehicle etc. So I paid 30 pounds over the telephone and said i would pay the further 70 pounds in september. I was advised by Marstons to just pay and then take it up with the courts later. So i called Marstons today to pay the remaing 73 pounds and was informed I now owe 248 pounds as I am 10 days late making the payment. I again went through the story with them and told them I no longer live at this address and it is my mums house, the bailliff said I must make full payment today or does my mum have receipts for all her goods as they are attending the property with a locksmith. I again said I dont live there and I can fax info such as council tax for my mum to prove it. He said unless I give him my new address the fax wont make any difference and he is going ahead with the action in the morning. I offered to pay him 100 pounds but he has said full payment or nothing. HELP!!!!!!!!!1

Link to post
Share on other sites

the bailiff is using scare tactics, how can they ask money for something they cannot prove, not even the courts can prove it, someone with more knowledge will be along soon, dont pay anymore money till you find out exactly what it is for, i.e the vehicle and the date of the incident

Link to post
Share on other sites

Is this the first time you have ever known about this fine?

 

If it is you may beable to file a statutory declaration which will stop the bailiffs and force the courts to deal with it, you need to send a private message to tomtubby asking for her advice about that as i dont know alot on that subject.

In the mean time try calling the CAB and National Debtline for advice.

 

Maybe you could call your local police station and see if they can find any record of it?

 

Sorry i cant be of more help but stick with this forum and someone will be able to help you who knows more

Link to post
Share on other sites

the baillif came out with a letter in auguast which is when I agreed to pay half in August and half in September. How can the bailliffs suddenly charge an extra £200 when they have not even been out with the van yet. where did this extra cost occur for them.? I am going the CAB this afternoon, I have also faxed them a load of info this morning proving that Im not at my mums address but am i going to have to pay this anway??

Link to post
Share on other sites

I also have been visited by Marstons at my work premises. I own a Ltd company which stopped trading at the same address 4 weeks ago. There is nothing on the premises that belong to the ltd company and I am now self employed and doing something completely different. Can they take any goods or from my home? They have sent me a letter saying they have a Walking possssion of the goods seized. Are they entitled to take anything?

Link to post
Share on other sites

I also have been visited by Marstons at my work premises. I own a Ltd company which stopped trading at the same address 4 weeks ago. There is nothing on the premises that belong to the ltd company and I am now self employed and doing something completely different. Can they take any goods or from my home? They have sent me a letter saying they have a Walking possession of the goods seized. Are they entitled to take anything?

 

 

welcome to CAG i cant help with your problem others can

could you please start your own thread and give a bit more info (what are they collecting the debt for)

 

to start a new thread click on this link it will take you to a new page near bottom of page on left new thread Bailiffs and Sheriff Officers

Link to post
Share on other sites

the baillif came out with a letter in auguast which is when I agreed to pay half in August and half in September. How can the bailliffs suddenly charge an extra £200 when they have not even been out with the van yet. where did this extra cost occur for them.? I am going the CAB this afternoon, I have also faxed them a load of info this morning proving that Im not at my mums address but am i going to have to pay this anway??

 

They have charged you £50 admin fee and £175 visit fee.

Link to post
Share on other sites

Guest Happy Contrails

A court fine is not a debt, its a penalty.

 

The law doesnt provide for bailiffs to add fees to fines. When a bailiff collects the fine and pays it to court, the court then pays the bailiff his fee according to a contract between the HMCS and bailiff.

Link to post
Share on other sites

gets better i came home from work today to find they had clamped my car on the drive. the fee at this point went up to 548.00 pounds the police then were called to prevent a breech of the peace. My 3 children were in the house i had the dog on the drive so they couldnt get in but we were threatened with arrest and so just had to pay 548 poubds for release of my car. this cant be justifiable!!

Link to post
Share on other sites

Guest Happy Contrails

The law doesnt provide for bailiffs to charge a fee to fix or remove a wheelclamp. You have a right to reclaim the bailiffs fees. You can also make a complaint to the IPCC against the attending police officers for assisting an offender committing an offence under the 2006 Fraud Act. This is because they failed to apprehend the suspect when he committed the crime of defrauding you of money.

Link to post
Share on other sites

Where Do You Begin With This Company If You Telephone Them As Soon As You Give The Reference In The Office They Either Transfer You To The Bailiff Or Put The Phone Down. These Are The Rudest Bunch Of People I Have Ever Met. Whilst Handing Over My 550 Pounds I Told Him I Wsnted My 2 Pound Change He Told Me I Should Leave My Children Waiting For There Tea And Go To The Shop And Get Change, If I Did Not Do This Then He Would Not Accept The Money And Would Still Take My Car. He Only Went The Shop Himself When The Police Finally Took My Side And Told Him To Go The Shop Himself This Very Rude Man Is Called Mr Haddock And I Hope Nobody Else Comes Across Him

Link to post
Share on other sites

A court fine is not a debt, its a penalty.

 

The law doesnt provide for bailiffs to add fees to fines. When a bailiff collects the fine and pays it to court, the court then pays the bailiff his fee according to a contract between the HMCS and bailiff.

 

You are wrong - the contract states that for distress warrants the defaulter pays the bailiff

Link to post
Share on other sites

gets better i came home from work today to find they had clamped my car on the drive. the fee at this point went up to 548.00 pounds the police then were called to prevent a breech of the peace. My 3 children were in the house i had the dog on the drive so they couldnt get in but we were threatened with arrest and so just had to pay 548 poubds for release of my car. this cant be justifiable!!

 

I am pleased that I have seen this question as it is clear that this needs to be brought to the immediate attention of the relevant HMCS Contract Manager in your area.

 

When HMCS awarded these Contracts they allocated various HMCS Managers to oversee complaints.

 

When these fines were first being sent to Marstone etc, there were some fines from years ago but my understanding is that this is no longer the case.

 

The charges applied to you would also indicate that you have had to pay 10 times what the debt was for!!

 

You need to file a Statutory Declaration TODAY and I will help you to do this. This should cancel the fine and allow for a refund.

 

The basis for the statutory declaration is that you had not received the summons.

Edited by tomtubby
Link to post
Share on other sites

Guest Happy Contrails
You are wrong - the contract states that for distress warrants the defaulter pays the bailiff

 

It's a contract between Marstons and HMCS and is not legally binding on the offender. There are no statutory fees for collecting unpaid court fines, so the bailiff has to ask the offender to pay his fees. The back page of the contract only sets out a fee schedule which the bailiff can deduct before paying the fine onto the court.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...