Marston Help needed.

[lottiesnan]

This post is for my son in law who is currantly serving overseas with the British Army..

Accompanied by my daughter and grand daughter..

While they lived in this country they were stationed in London briefly and ended up driving in the congestion zone....

They were issued with a fine and foolishly put it to one side and forgot all about in the move overseas.....

 

Now his Mother is being threatened by Marstons.They are on her doorstep weekly .She told them her son is a soldier overseas and that he hasnt lived with her for years and they just dont listen... She is getting very upset over this and we would like to know how to stop it..

My daughter has phoned Marston offices from Germany several times and said they could pay monthly as they didnt have the funds to clear the debt outright and to leave family members alone .

They wont accept a payment plan and continue to go to his mothers property.What can we do??

[maroondevo52]

Hi,

 

I take it your talking about Marston the Bailiffs, I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[Tingy]

Tell the police!

[Thegreenpimpernel]

Was the car registered to his mothers address?

 

Is this where the initial charge was sent?

 

Was he living there when the charge notice arrived?

[wonkeydonkey]

If they have contact for your daughter they should deal with her and her alone...if Marstons are harassing her mother in law and that person feels threatened and intimidated then I agree with Tingy phone the police.

 

If she prepares a stauatory declaration to the fact her son does not live at that address (template on Cag for you to adapt and use) she can then pop into any solicitors office and swear an oath to that effect (costs £5-£10) send a copy to Marstons by trackable mail and keep another handy by the door to give to the visiting bailiff. Should Marstons continue to call then they are in big trouble and they know that but that said they are ignorant enough to ignore it, if they do try it on then make sure she follows it up with court action and a complaint to the OFT.

[lottiesnan]

Just spoke to him and

 

The car was registered at his mothers address ,he bought it a year or two before he went into the army.

The first charge went to his mothers address

No he wasnt living there at the time it was issued he was in married quarters in Putney..

 

The charge was intially £85 and it is now in excess of £400.They are charging £60 for every visit they make to his mothers house...

My daughter tells me she rand Marstons today and they refused a payment of £200 saying they were unable to take a part payment??

[lottiesnan]

Thankyou wonkey donkey.

I have passed your invaluable advise onto them..

[Tingy]

They can and should take part payment. There is a thread somewhere on who to complain to about this as it's a common trick to con more money out of them.

[lottiesnan]

Thankyou Tingy.I shall look for the thread and get my daughter to stop phoning them and put her offer of payment in writing...

[Tingy]

Taken direct from The National Standards for Enforcement Agents:

 

Professionalism and conduct of the enforcement agent

 

 

• Enforcement agents should always produce relevant identification on request, such as a badge or ID card, together with a written authorisation to act on behalf of the creditor.
  
• Enforcement agents must act within the law at all times, including all defined legislation and observe all health and safety requirements in carrying out enforcement. They must maintain strict client confidentiality and comply with Data Protection legislation and, where appropriate the Freedom of Information Act.
  
• Enforcement agents, for the purpose of distress or execution shall, without the use of unlawful force, gain access to the goods. The enforcement agent will produce an inventory of the goods seized and leave it with the debtor, or at the premises, with any other documents that are required by regulations or statute.
  
• Enforcement agents must carry out their duties in a professional, calm and dignified manner. They must dress appropriately and act with discretion and fairness.
  
• Enforcement agents must not misrepresent their powers, qualifications, capacities, experience or abilities.
  
• Enforcement agents must not discriminate unfairly on any grounds including those of age, disability, ethnicity, gender, race, religion or sexual orientation.
  
• In circumstances where the enforcement agency requires it, and always where there have been previous acts of, or threats of violence by a debtor, a risk assessment should be undertaken prior to the enforcement agent attending a debtor's premises.
  

 

Statutory or Financial Requirements for Enforcement Agencies Endnote 1

 

 

• Enforcement agencies should ensure that audited accounts are available on request, where it is appropriate that these are kept. An annual audit of the agency's accounts by independent accountants should be undertaken at least once a year for businesses where this is appropriate. This should apply in the case of small companies and sole traders too - wherever possible.
  
• Enforcement agencies must comply with statutory obligations, for example, the Companies Act, Value Added Tax, Inland Revenue provisions, Data Protection, Health & Safety etc.
  
• A separate account for monies due to the creditor should be maintained and accurate books and accounts should be kept and made available to establish monies owed to the creditor.
  
• Enforcement agencies must keep a complete record of all financial transactions in whatever capacity undertaken.
  
• Enforcement agencies must maintain suitable and comprehensive insurance cover for both professional indemnity and other risks including employer's liability and public liability. Insurance requirements must actively be re-visited each year to the satisfaction of the client and to ensure adequate and appropriate arrangements are in place.
  

And from a different source, but very relevant re refusal of payment:

Problems negotiating repayment

 

FACT: Bailiffs must take into account your financial situation when asking for payment

It is in the bailiff's interests to get you to pay as near the full amount due as possible, as quickly as possible. However, they should take into account your financial situation and ability to pay.

They should consider if you are unemployed, on housing benefit or income support, Working Familiy Tax Credit, on a state pension or have a disability or other medical condidition.

Despite this, bailiff firms frequently demand payments of £50 per week even when authorised to accept less. These problems are likely to increase if bailiffs are to be allowed to force entry to take control of goods.

If the bailiff refuses to negotiate repayment call 07909 588 519 or 0203 509 9007 to get immediate help.

[ploddertom]

Surely if the ticket was originally issued to a "wrong" address then the way to go is for an Out of Time or have I read this wrong?

 

PT

[Tingy]

Mmmmmm .......... how do I put this without upsetting you?

 

 

Got it!

 

 

 

 

 

 

 

 

 

You've read it wrong!

[lottiesnan]

My son in law has just told me when he spoke to the bailiffs office earlier this evening they told him he would have to deal with the "gentleman" who has been calling on his mother direct and gave him the relevent number........ He rang this bailiff direct who said yes he could take a part payment but he wasnt going to,the he would be issuing a warrent for his arrest and he was on his time now and hung up !!! Delightful behaviour...

Would it benefit him if he went to the Welfare office?

[Thegreenpimpernel]

I don't know the procedure, but can someone who knows better remind us of the procedure if you didn't receive the original charge notice?

[Tingy]

Looks like it might be worth his while ringing one of the numbers at the end of my post 10.

[Thegreenpimpernel]

Sorry, missed that post.

 

Arrest HAAAAAAAAAAAAAA!!!!

 

How desperate is this guy?

 

I'd take that as a sign he's about to give up, but best to carry on and get the warrant cancelled if possible.

 

Hopefully someone who's 'into' pcn's and congestion charge issues will be along soon.

[Thegreenpimpernel]

Crossed and missed posts there.

 

Hows PT got it wrong?

 

The recipient of the ticket was not living at the address at the time?

[lottiesnan]

Tingy.I emailed your post to son in law with numbers on for him to check out..... Thankyou all

[wonkeydonkey]

Mmmmmm .......... how do I put this without upsetting you?

 

 

Got it!

 

 

 

 

 

 

 

 

 

You've read it wrong!

 

OP says "No he wasnt living there at the time it was issued he was in married quarters in Putney"

 

so I think PT is right it does mean the Out of Time stat dec is the best way to go.

[Tingy]

Agreed, BUT the car was registered to his mother's address still, so the bailiffs were quite right to address anything there as that would be the info from the DVLA. The OP doesn't want to start tellling the DVLA the car was registered at one address, but actually was being kept at a different one, this could really mess things up.

[Thegreenpimpernel]

"this could really mess things up."

 

I know where you are coming from, there's potentially a fine for registering at the wrong address.

But that must be a risk with any out of time / stat dec 'thingy'. It doesn't seem to happen, and besides in this case the recipient is in the forces, so having a stable 'postal address' or address for your car to be registered at would be quite legitimate.

Otherwise the DVLA would have to process an extra 20 - 30,000 address changes a year just due to army redeployments.