Newbie needing advice please regarding HMCS Penalty & Marston Group

[Kellylou32]

Hi there

 

I'm after some advice please

 

Before christmas I received a hand delivered letter from Marston Group with regards to a penalty having been passed to them for collection and someone was going to be calling at the door to collect £575 from me

 

I contacted them and said I'd only just received a letter from DWP saying money was being deducted directly from my benefits weekly for a penalty. They said they would look into it and let me know.

 

Anyhoo I received a letter last week dated 12th January saying their client had been in contact to request deduction from my benefits but they'd been informed by benefits had been stopped and now I've got 28 days to pay £575.00. As I'd already explained to them I had not received original paperwork from issuing authority as I moved address and I'm not in a position to be able to pay the full amount in one go as I'm on benefits due to being a full time carer to my terminally ill 22 month old daughter.

 

Now I'm worried that they are expecting payment in full by 9th February despite me only receiving the letter last week. I really don't know what to do but I know I can't pay it in full but I can pay a bit off weekly. Any advice gratefully appreciated.

[rebel11]

Hi kelly

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[wonkeydonkey]

I can see you have contacted Marstons..but have you contacted the DWP? Marstons are capable of stooping low enough to lie about what "their client" has said.

If you are on benefits and it was arranged for deductions to be made from them.....then I cannot understand how Marstons are saying "their client says your benefits are stopped"?

 

As painful as the experience is ( I know you will be passed from one dept to another) you are going to have to contact DWP and ask them to explain the situation more clearly. If needs be contact your MP as you should not be harassed by Marstons.

 

You would also be classed as a vulnerable person, it is part of The national standards of Enforcement agents 2002.

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS MAY 2002

 

Those who might be potentially vulnerable include:

• the elderly;
  
• people with a disability;
  
• the seriously ill;
  
• the recently bereaved;
  
• single parent families;
  
• pregnant women;
  
• unemployed people; and,
  
• those who have obvious difficulty in understanding, speaking or reading English
  

[Kellylou32]

Thank you for your response wonkeydonkey

 

As it transpires some of my benefits (such as income support) have now been stopped due to a change in my circumstances but I am still in receipt of DLA (due to my daughter).

 

I will look into the NATIONAL STANDARDS FOR ENFORCEMENT AGENTS MAY 2002 thank you for pointing me in this direction.

 

There is no way I can afford to pay this fine all in one go even if god himself knocked at my door. I'm just worried about what the implications are.

 

One of the other problems is I can't remember where exactly the original penalty was issued from to contact them direct in the hope of explaining the situation and hoping for a better resolution with them.

[wonkeydonkey]

Hi Kelly

 

You do not need to have the exact dept. who issued the penalty notice, it is a general phone number and they will get you to the right dept.(eventually)

 

When you get to speak with them ask for the Manager and explain you need to discuss this with that manager due to the urgency of the situation, always write down the name of anyone you get to speak with as these government depts. have a habit of saying they have "no record of anyone ever having spoken with you"

 

Because of your daughter you will be classed as vunerable as that applies to the whole household.

 

Please post back here when you have spoken with DWP and caggers will help (if needed) to put together the appropriate letters to send to all parties.

I cannot understand why overpayment recovery has been sent to Marstons when they are aware of your circumstances.

[Kellylou32]

Thank you Wonkey - I will contact them in the morning and try and make some headway

[tomtubby]

Thank you Wonkey - I will contact them in the morning and try and make some headway

 

If you had not received the original summons, then you should have been advised to file a Statutory Declaration. This was on the basis that you had moved address etc.

The effect of filing such an application is that the fine would then be cancelled and so too, would the bailiff fees.

 

You must contact the court in the order and explain that you had not receive the original summons and you MUST explain about your daughter.

[Kellylou32]

Morning all - I've been in contact with my local Magistrates Court this morning who have advised me to go back to the Bailiffs and explain the situation and see if there is anything they can do? I feel like I'm going round in circles and constantly dreading every knock at the door

[wonkeydonkey]

Hi Kellylou

 

Bugger the court, DWP are responsible for creating this situation...have you contacted them yet? ask to speak with the manager and ask why they have referred this overpayment to a bailiff without writing to you first to arrange repayments?

 

WD

[Kellylou32]

Just a note to let everyone know this has now been resolved - a huge thank you to Tomtubby for all your help

[tomtubby]

Just a note to let everyone know this has now been resolved - a huge thank you to Tomtubby for all your help

 

I was glad to assist.

 

Strange as it may seem, Marston Group are pretty good when they recognise a case that would appear to be "vulnerable". In your case, the Warrant is now to be returned back to the court and bailiff enforcement is to cease. This is not the end of the matter of course. You will now need to ensure that you make contact with the Court and ask them to arrrange for direct deductions to be made from your DLA award at a nominal rate.

 

When talking to them, you could also ask whether consideration can be given to remitting some of the fine. Given your circumstances, this may well be possible and will involve you attending the Magistrates Court for a simple Means Hearing.