marston baliffs

[scaff1]

can some one give me some info with marstons baliffs i had a court fine that i was paying £20 a week but a few times slipped my mind and i missed a few payments....the next thing i have a letter from marstons saying i owe them x amount so i phoned the automative phone number for courts and paid full amount this was 6 weeks ago and today i got two £20 cheques saying it was from court and that it was a payment default and a distress warrant has now been issued and this office can no longer accept payment and that i should contact baliffs.... looking back thru my payments i made i over paid the court by £40 and the letter is not proper no date and its a photo copy????? any ideas or advice most welcome

[scaff1]

anybody there??????????????

[diamondgirl]

Hi

 

So the courts sent back £40. When you made your payment to the court did you pay the full amount which was left outstanding? If you did contact the bailiffs office and tell them you have settled it, if you have the payment dates and details then they should accept that.

 

DG

[scaff1]

yes £40 but in 2 seperate cheques for £20 yes the last payment was for £555 i ve been told not to get incontact with the baliffs whatsoever surely the court would send a letter with the date on it ref number of some sort

[scaff1]

i did get bank statements hi lighted the payments and sent them to baliffs week later they send me letter saying they have spoke to there client and still want full balance??????

[diamondgirl]

You've paid the balance end of story. However, it may be their own charges that they've added making the balance more. I would since you've explained that you've sent this info to the bailiffs wait for them to write and tell you what balance you've got to pay. Keep all your paperwork together and leave the ball in their court (no pun intended.)

 

Of course this is just my opinion I'm sure others will be along with their opinions.

 

DG

[scaff1]

i ve been told that baliffs cant charge for court fines only charge if they call van to take stuff away etc they get paid by court for recovery debt?? how true this is i dont know

[Nintendo Pü]

There are no statutory fees for bailiffs collecting unpaid fines. You may have to pay for goods transported to auction but only if you agree to pay them. The bailiff cannot make a gain for himself or another by transporting your goods.

 

Bailiffs cannot charge you a fee for turning up in a van on the pretext of moving your goods. The law does not provide for it otherwise it is legal for a shop to charge you for goods and services on a pretext you may want to buy them. Section 1 of the Unsolicited Goods and Services Act 1971.

[scaff1]

so why would court not want to take payment?? and send me 2 cheques back

[Nintendo Pü]

It might be because the cheque have expired?

 

If you have documentary record of sending them in the first place, then you have endeavoured to discharge your liability and it was the courts unilateral choice not to let you.

 

If the court fines you then deliberately prevents you paying it, then the fine may be disregarded. Contact your MP and complain the court is vexatious.

[scaff1]

when i paid they said it was out of courts hands as case was passed onto marstons im thinking the fine is paid and the £40 is what i over paid the letter looks like my daughter of 5 has put it together like i said earlier no date ref number and its photo copied

[scaff1]

just looking at the cheques and they are dated 5 11 09 and i recieved them today 1 month later ???????

[tomtubby]

It might be because the cheque have expired?

 

If you have documentary record of sending them in the first place, then you have endeavoured to discharge your liability and it was the courts unilateral choice not to let you.

 

If the court fines you then deliberately prevents you paying it, then the fine may be disregarded. Contact your MP and complain the court is vexatious.

 

 

Excellent response and one that I consider should be the basis of a letter to the Magistrates Court.

 

Any letter should be addressed to the Court Manager and it is important to ensure that it is marked FORMAL COMPLAINT.

 

If this were me, I would also NOT bank the cheques.

[scaff1]

well i rang hmcs today and they said the money i ve paid has been refunded because the case was past over to marstons and i need to pay them which i dont wanna do im thinking go to court tomorrow morning and pay again will they acept it in person???? what do i do?????

[Nintendo Pü]

Record the telephone conversation and ask the court service to confirm there are no bailiffs fees payable for collecting court fines. Direct them to their website, otherwise you will need to hold out until the bailiffs transfers the case back to court.

 

I use a device called a 'USB Phone Recorder' - about £16 quid on eBay. Connects to your laptop and saves calls as an MP3 playable in Windows. You must capture the court service caveat that is played before the call is answered - calls may be recorded or monitored for staff training purposes, as well as the automated switchboard options. That confirms you called HM Court Service.

Edited December 3, 2009 by Nintendo Pü

[scaff1]

thanks i asked them about leaflet ex 345 and she has never heard of it ha ha was nt interested just kept saying its out of our hands so going to court is gonna do me no favours

[Nintendo Pü]

Just send them a new cheque, and get a certificate of posting (this is not the same as a proof of posrting) and keep a photocopy of the cheque. Do not use recorded delivery.

 

Your obligation ends there because you have paid the fine. You are not responsible if the court unilaterally chooses not to accept payment.

[scaff1]

so going to court to pay is not a good idea??? working just round corner tomorrow if i send cheque thru post who shall i send it to???

[Nintendo Pü]

You can take cash payment to court and get a receipt, but take a witness with you who can testify incase the court refuses to allow you to discharge your liability, have them capture it on video using your mobile.

[scaff1]

and if they refuse and tell me its in the baliffs hands then what

[Nintendo Pü]

keep the bailiff out of your house. If you pay a bailiff, only pay the amount you are fined and get a receipt - capture him on video counting the money then send the receipt to court.

 

If the bailiff embezzles that money then his goose is cooked,.

[scaff1]

ok i think id rather pay the cheque to court who shold i send this to im so thick when around a letter