Marstons - help needed

[thewakers7]

hi all well here we go again, im wandering if u lovely caggers can help, received a letter today from Marstons re unpaid court fine, il try and simplify the story below,

 

went to court last year unpaid tv licence,

was paying through IS £5pw

IS stopped paying fine last oct as my circumstances changed

i moved just prior to october

im in receipt of HB DLA and CT benefit now but not IS as living again with husband.

 

I completely forgot about the fine prob due to depression, rossendales ct problems and imminent eviction.

 

I now have a letter with the usual,"we have obtainted a court order to recover unpaid fine of £580." it states fees of £75 no costs no vat etc etc. 7 days to pay in full or send round a bailiff who will levy blah blah blah and seize and charge £200 to take goods to auction (good luck with that lol).

 

i have not received notice of this court order, must have gone to my old address, but obviously marstons have found me, but nothing from the courts, but obviously i was aware of the fine and was paying until IS was stopped then i genuinely forgot with all the stuff i was going through.

 

sorry for the long post can anyone point me in the right direction many thanks

[thewakers7]

bumpty bump

[thewakers7]

anyone???

[thewakers7]

mayb not

[RaeUK]

Hi Wakers, surprised you haven't had any advice thus far.

I'm guessing as you are in receipt of HB and CT Hubby isn't a millionaire. That, together with DLA would put you in the vulnerable household category.

If you didn't attend the hearing, as i suspect you wouldn't have done, then the court wouldn't be aware of your personal circumstances.

In which case I'd suggest requesting a re-hearing for means testing and see what comes back...

Best wishes

Rae

[thewakers7]

hi rae i did the original by post, but since it has not bin paid since nov,(around the time rossers got involved with ct) i completely forgot never recieved anything since IS stopped we get almost all ct and hb benefit so no not millionaires with 5 kids lol, so would a set aside work? or do i ask to be returned to the courts for re testing means benefits many thanks

[RaeUK]

Hi Wakers - I remember you from other posts - set aside and the suchlike are not my forte. Hopefully Ploddertom or someone will pick up on this... if not, drop him a PM.

Best wishes

Rae

[thewakers7]

cheers rae sorry i didnt reply after yours my bed was calling, and i no u wont be on maybe till late tonight many thanks

[tomtubby]

hi all well here we go again, im wandering if u lovely caggers can help, received a letter today from Marstons re unpaid court fine, il try and simplify the story below,

 

went to court last year unpaid tv licence,

was paying through IS £5pw

IS stopped paying fine last oct as my circumstances changed

i moved just prior to october

im in receipt of HB DLA and CT benefit now but not IS as living again with husband.

 

I completely forgot about the fine prob due to depression, rossendales ct problems and imminent eviction.

 

I now have a letter with the usual,"we have obtainted a court order to recover unpaid fine of £580." it states fees of £75 no costs no vat etc etc. 7 days to pay in full or send round a bailiff who will levy blah blah blah and seize and charge £200 to take goods to auction (good luck with that lol).

 

i have not received notice of this court order, must have gone to my old address, but obviously marstons have found me, but nothing from the courts, but obviously i was aware of the fine and was paying until IS was stopped then i genuinely forgot with all the stuff i was going through.

 

sorry for the long post can anyone point me in the right direction many thanks

 

 

 

Our company has a commercial website that provides advice to the public on bailiff issues and your enquiry is one that we see VERY OFTEN.

 

I have spoken to many courts on behalf of the debtor and they will almost always say that the debtor KNEW that he had a fine and the seriousness of not paying and that if payment were no longer being taken from benefits that the debtor had to ensure that an alternative method of repayment was set up. And to be fair, they do have a point because an unpaid court fine is a criminal offence.

 

Unless you are very lucky, the Court will not be interested and will not accept the return of the Distress Warrant.

 

HMCS have a contract with the bailiff companies that allows them to accept payment arrangements over a maximum of 6 months.

 

With unpaid court FINES there is a provision that a bailiff can "force entry" into a property. This is VERY unlikely to happen and from a recent question in the House of Lords it was confirmed that forced entry had been instigated 9 times since 2006.

 

You need to WRITE to Marston to outline your circumstances and you MUST ensure that you include in your letter any "vulnerable" issues that you have in your family.

[thewakers7]

cheers TT does that include any correspondence that would have gone to my old address, i no its my fault shall i send off the national standards for enforcement letter ie outlining vunerability and low income?? does anyone have a template perhaps many thanks

[thewakers7]

update for u peeps sent off standard letter to marstons explaining vunerability etc enlosed a copy of dla award and doctors letter, recieved a letter yesterday saying account on hold please can i provise relevant docs ie benefits etc etc??? so i will send them HB and council tax awards as well now, BUT guess who knocked on my door this afternoon yes a guy from marstons (nice chap actually) though i no there tricks lol, so i got him off the property saying i had young children inside, and told him marstons put the account on hold for 28 days ok he said do i wanna sit in his car as it were about to rain i politely refused so he rang office and said hed check, came back in to lock up, then came back out and he said ur right and i p***ed off they didnt tell me after iv driven all the way here oooppss no sympathy haha, my question is hes onviously now rekkied the car, can anyone help me with a letter to the courts to take it back the distress warrant was sent to an old address what do i do there do a stat dec??

[thewakers7]

wow its quiet in here