Marston Group - Removal Notice

[adduncan]

Hey

 

After reading through many posts I am still a little unsure.

 

Today I had a visit from a bailiff sent by Marston Group who was demanding that I paid £557.50 to him or he would "call his team" and enter the property to sieze goods.

 

I explained to him that I was on low income, only working part time hours, and that I wouldn't be able to make full payment. I did ask about making an arrangement with him to pay in instalments but he refused to hear any of it.

 

The fine was for No Vehicle License, which was in fact on a SORN at the time of the alledged offense just under a year ago. I have no paperwork to prove this and have since sold the car on to a breakers yard.

 

The bailiff then asked if I had friends or family that could make the payment on my behalf today. Both my parents were at work so unable to help.

I also live with my dad, and have only been here for 2 months. The car was registered in my previous address.

 

When he realised that he wasn't getting anywhere with me, he then said he was needed elsewhere and that he would return tomorrow at 2pm, about 15-20 mins before the rest of the team to attempt to take payment again. He also mentioned something about a locksmith and forcing entry.

 

As he left he gave me this Removal Notice in a blank envelope with his contact details should I be able to pay before his return.

 

At no time was my door open, he caught me leaving the property.

 

I have contacted Marston Group directly and they have told me that its now in the bailiffs hands and I can only deal with him, but they can take full payment on his behalf.

Before the call ended, I did manage to get some details about the issuing court: HMCS Cheshire Division 1.

 

As he is returning tomorrow and I have no way of paying him, is there anything that I can do?

 

Any advice would be very helpful to me.

[toofiegap]

when he turns up record what he says on your mobile video him if you can and no as you did not let him in he cannot force entry or call out a locksmith and above all DO NOT LET HIM IN Marstons are lying cheating toerags they will lie and cheat to get what they want. Rest of the team ????? whats that hes telling you hes going to get together a gang to levy on you ????? They broke every rule in the book with me (1) DPA house was for sale they told my estate agents who they were and for what it was for (the fine wasn't even mine) when the toerag was confronted he told me that he thaught the house was unoccupied (my partner was at home at the time cat at window etc) he just sneaked the number from the sale board and thaught he try to embarrass me into what he wanted. didnt work Moral is (DO NOT LET HIM BULLY YOU) is there somewhere on your CCJ where you can make payments to at the rate you can afford??? and make sure that he is not overcharging you with his fees they are good a that.

[adduncan]

This document i got from him today is the only letter i have recieved from Marston Group while at this address.

They didnt even contact me at the previous address by letter, but after checking with the new home owners, they did attend looking for me

 

Needless to say, this guy will NOT be getting any access to the house, and my car wont be anywhere near the house tomorrow

[toofiegap]

did you get his name you can check if he is certified

[hallowitch]

I think if you didn't know about the fine before the bailiffs turned up(because you moved house) you can fill a form of some kind

 

I'm not to good at magistrate court fines but i think its an out of time statutory declaration have read posts by tomtubby

[fork-it]

As he is returning tomorrow and I have no way of paying him, is there anything that I can do?

 

Make your property xsecure and NEVER open the door to a bailiff, even it that means speaking to him thru the letterbox.

 

Any advice would be very helpful to me.

 

Phone the mags court in the morning, explain you have moved and you did not receive a notice to appear before the court. They should roll the case back to pre-enforcement and give you an opportunity to defend or pay the fine.

 

If the court appears to be unreasonable then contact the Parliamentary Ombudsman and ask him to intervene. Also ask the court how much you were actually fined, the numbers you quote in your post dont appear consistent with DVLA regulations that set the fine amounts. The bailiff may be trying to pocket some of the cash by pretending a court has made a Costs order against you or saying the fine is higher than it actually is.

[adduncan]

Cheers. will give the court a ring in the morning and see what they have to say. will also get the fine amount as it doesnt seem to add up. the costs look wrong like you said

[tomtubby]

Cheers. will give the court a ring in the morning and see what they have to say. will also get the fine amount as it doesnt seem to add up. the costs look wrong like you said

 

Please be aware that under the terms of the Contract that this company have with the Courts that they are permitted to accept payments over a maximum period of 6 months.

[HadEnough]

Hi, i think you will find this story very interesting/useful

 

 

http://www.theregister.co.uk/2010/05/03/dvla_court/

[adduncan]

Please be aware that under the terms of the Contract that this company have with the Courts that they are permitted to accept payments over a maximum period of 6 months.

 

yeah i know about this. but for some reason he wasnt willing to talk about payment plans yesterday

[Guest Cartaphilus]

Did you ring the court as suggested?

[adduncan]

Sorry for the delay.

 

I phoned the court and they advised me that the Stat Declaration is not the best option for me and to write to Warrington Magistrates where the warrant is held asking for a re sit on this matter.

 

So off the postbox i go in a few minutes to post that, including a copy of the removal notice

 

Meanwhile the central fines and enforcement office have put a hold on proceedings, and if i am contacted by marston or the bailiff i am not the discuss anything except to tell them the warrant is on hold and for them to contact HMCS Cheshire.

 

Cheers for the advice so far, and I will update this when I get a response from the Warrington Court

[hallowitch]

remember to send it recorded delivery