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Marstons Unpaid Speeding fine Don't Know What To DO!!!


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Just a quick bit of background.

 

I received a fine from a Magistrates back in November 2008 for £550.

 

I set up a payment plan of £60 p/m starting Jan 2009.

 

I lost my Job in December and then started claiming JSA.

 

The courts were taking £5 off my JSA.(It got down to £510)

 

In July 2009 I started working again and then I phoned up the court to get another means form to reassess my monthly payments as I was on a lower wage then before. I was told to fill it out send it back and then they would be in contact with the amount of payments and also how to pay ie an account to set up standing order to.

 

I waited patiently and then in November I received a further steps letter from the court I gave them a call in December as I had recently started another new job and was incredibly busy at the time. They said that they had not received the letter and I asked if they could send me another one and then this time I would send it back recorded delivery to make sure they got it.

 

The lady I spoke to said that it was too late and that a warrant of distress had been issued.

The company she told me on the phone was Mercers!!!

I phoned Mercers straight away and spoke to them and they said they hadn't received my details and that I shouldn't call back and wait until I hear something from them. So at this point I'm being told by the court I can't do anything and the company they told me said I couldn't do anything.

 

So again I am left waiting!!!

 

The non the 14/07/2007 at 07:20 in the morning I get a buzz at my door and am greeted by a bailiff from Marstons. He said that he was there to collect £785 in fees and that if I didn't pay up that he would start seizing goods.

 

Anyway I told him that I can't pay up and then he said that he could accept payments over 2 months of £400 and £385 with a £1 charge per card payment.

 

Anyway he left and then I realised that it was a completely different company from what the lady had told me on the phone from the court.

 

Anyway I thought well surely there should have been a letter of some description before a bailiff came around so I did some research and contacted CAB.

 

They said that there should have been a letter to start off with and that I should have been informed at the time when the court handed it over.

 

So I phoned Marstons and said look you didn't send a letter to me and checked the address they had and they said that they sent a letter in Jan 2010. I said I didn't receive the letter to which I got a reply of well we have proof we sent it and said well do you have proof I received it and the answer was no.

 

After getting no where with Marstons I got intouch with the court.

They said that they apparently had it in there notes that they said Marstons.

Now I am South African and sometimes can find it difficult to understand certain UK accents but I definately heard Mercers not Marstons.

 

I said that apart from the phonecall I received no written correspondence to state that Marstons were taking over the debt from the court which I was led to believe they have to do surely telling me over the phone is not enough.

 

Anyway I faxed them a letter stating that I wasn't happy for a number of reasons.

1. I wasn't given a second chance to send off another means form even though I contacted them after they sent me a further staps notice in November.

2. I wasn't given any correspondance reagarding Marstons taking over the debt from them.

3. I was given the worng company name when I spoke to them in December.

 

I was reading this forum and found out that marstons are required to hand back the distress warrant after 6 months. So I phoned the court to find out when the warrant was issued and they said 2/12/2009 that would mean that 6 months ended over a month ago.

 

I spoke to the courts later today and then it changed to the 16/12/2009 and they said that Marstons had changed there story and that they had sent a letter in Feb not Jan. They also then stated that the 6 month rule they can now apparently aautomatically extend it if they wish can someone clarify this for me!!!

 

I'm getting so frustrated at this cause I want it sorted and I feel that I have done everything that I was supposed to do and I've been penalised for it!!!

 

Please can you help what do you suggest I do!!

 

I was thinking along the lines of putting a formal complaint into the court to retreave any of Marstons charges totalling £275 cause they did not inform me of the name of the company as the last contact I had with them was my further steps notice in November 2009 which made no mention of Marstons at all!!

 

I just am at the moment trying to hold off the bailiff until this is sorted as I don't want to pay the bailiff cause it will be harder to get the money back off them!!

 

Please can anyone give me some advice!!!

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Just another question quick hopefully someone can answer for me!

 

As I was never informed by the court that the distress warrant was issued to Marstons can I submit a Statutory Declaration to that fact??

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Yes the time period can be extended by the court.

 

There are only 4 companies that work for HMCS - Marstons, Phillips, Swift and Excel (no reason why mercer should have been mentioned)

 

They will not inform you that they are sending the warrant to any of these companies.

 

Marston can accept payment plans over 6 months (within life of warrant) so suggest you email them a repayment plan and 'remind' them of their contractual obligations to accept repayment plans

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Bit of an update after going through everything ie when papers were sent etc I realised that I moved house at the end of October and waited the whole of November and went back to my old property in the middle of December to see if there was any mail that was still being sent to my old address so that it could be redirected.

 

Therefore they sent the further steps notice on the 2/11/2009 and they sent the distress warrant on the 2/12/2009!!

 

This means that if I had received the letter cause it was sent to the right address I could have contacted them and none of this would have happened and it seems that after speaking to the court they have put a stay on the warrant until next week when the managers back.

 

So hopefully they will see that it was impossible for me to reply to the further steps notice in time and take it back on and let me pay it off in 2 installments!!

 

Keeping fingers crossed!!!

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Just a quick bit of background.

 

I received a fine from a Magistrates back in November 2008 for £550.

 

I set up a payment plan of £60 p/m starting Jan 2009.

 

I lost my Job in December and then started claiming JSA.

 

The courts were taking £5 off my JSA.(It got down to £510)

 

In July 2009 I started working again and then I phoned up the court to get another means form to reassess my monthly payments as I was on a lower wage then before. I was told to fill it out send it back and then they would be in contact with the amount of payments and also how to pay ie an account to set up standing order to.

 

I waited patiently and then in November I received a further steps letter from the court I gave them a call in December as I had recently started another new job and was incredibly busy at the time. They said that they had not received the letter and I asked if they could send me another one and then this time I would send it back recorded delivery to make sure they got it.

 

The lady I spoke to said that it was too late and that a warrant of distress had been issued.

The company she told me on the phone was Mercers!!!

I phoned Mercers straight away and spoke to them and they said they hadn't received my details and that I shouldn't call back and wait until I hear something from them. So at this point I'm being told by the court I can't do anything and the company they told me said I couldn't do anything.

 

So again I am left waiting!!!

 

The non the 14/07/2007 at 07:20 in the morning I get a buzz at my door and am greeted by a bailiff from Marstons. He said that he was there to collect £785 in fees and that if I didn't pay up that he would start seizing goods.

 

Anyway I told him that I can't pay up and then he said that he could accept payments over 2 months of £400 and £385 with a £1 charge per card payment.

 

Anyway he left and then I realised that it was a completely different company from what the lady had told me on the phone from the court.

 

Anyway I thought well surely there should have been a letter of some description before a bailiff came around so I did some research and contacted CAB.

 

They said that there should have been a letter to start off with and that I should have been informed at the time when the court handed it over.

 

So I phoned Marstons and said look you didn't send a letter to me and checked the address they had and they said that they sent a letter in Jan 2010. I said I didn't receive the letter to which I got a reply of well we have proof we sent it and said well do you have proof I received it and the answer was no.

 

After getting no where with Marstons I got intouch with the court.

They said that they apparently had it in there notes that they said Marstons.

Now I am South African and sometimes can find it difficult to understand certain UK accents but I definately heard Mercers not Marstons.

 

I said that apart from the phonecall I received no written correspondence to state that Marstons were taking over the debt from the court which I was led to believe they have to do surely telling me over the phone is not enough.

 

Anyway I faxed them a letter stating that I wasn't happy for a number of reasons.

1. I wasn't given a second chance to send off another means form even though I contacted them after they sent me a further staps notice in November.

2. I wasn't given any correspondance reagarding Marstons taking over the debt from them.

3. I was given the worng company name when I spoke to them in December.

 

I was reading this forum and found out that marstons are required to hand back the distress warrant after 6 months. So I phoned the court to find out when the warrant was issued and they said 2/12/2009 that would mean that 6 months ended over a month ago.

 

I spoke to the courts later today and then it changed to the 16/12/2009 and they said that Marstons had changed there story and that they had sent a letter in Feb not Jan. They also then stated that the 6 month rule they can now apparently aautomatically extend it if they wish can someone clarify this for me!!!

 

I'm getting so frustrated at this cause I want it sorted and I feel that I have done everything that I was supposed to do and I've been penalised for it!!!

 

Please can you help what do you suggest I do!!

 

I was thinking along the lines of putting a formal complaint into the court to retreave any of Marstons charges totalling £275 cause they did not inform me of the name of the company as the last contact I had with them was my further steps notice in November 2009 which made no mention of Marstons at all!!

 

I just am at the moment trying to hold off the bailiff until this is sorted as I don't want to pay the bailiff cause it will be harder to get the money back off them!!

 

Please can anyone give me some advice!!!

 

 

 

Just a small bit of advice and PLEASE do not take the wrong way. It takes a long time to read such a long question and this can impact on the number of people responding. This could be why you have had so few replies.

 

The Courts take the view that you knew of the fine and that if you had not received a Means Enquiry Form that it was for YOU and NOT the court to make enquiries.

 

The Courts passed 900,000 Distress Warrants to their bailiffs last year and the COURTS are putting pressure on the bailiff companies to get payment.

 

From a lot of experience, I can say that all warrants are RETURNED back to the court by Marstons after 6 months BUT the court can...if they wish....reissue the Warrant. This does not usually happen but can.

 

Personally, I would be surprised if the court recalled the warrant. Marston can accept payment over a MAXIMUM of 6 months but they will NOT allow this if the warrant is due to expire. Therefore you need to establish the date of the Distress Warrant first.

 

If you cannot pay then you must ensure that you WRITE to the company to explain your circumstances and offer a repayment proposal.

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Hello Tomtubby I'm glad you saw this thread as you seem to be the guru on these subjects!

 

In regards to the distress warrant it was issued on the 2/12/2009 and that is the mystery for me cause they should have handed it back on the 2/6/2010 but they haven't which might affect my ability to negotiate a payment plan.

I would assume that they are not going to take into account I didn't receive the letter they supposedly sent in Feb 2010.

In regards to the means form I don't know if I misunderstood you but I did receive the form but they didn't it was just that I moved on the 24/10/2009 and therefore didn't receive the further steps notice they sent on the 2/11/2009 until the middle of december and the warrant was issued on the 02/12/2009 meaning I didn't actually get a chance to give them a call!!! So I'm hoping that they will take this into consideration when looking at my situation!!

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You say that in your experience all are warrants are returned would this mean that the court has reissued it because they haven't told me that they have reissued it only that they could!!

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