#bailiffs : Magistrate Court Fine and Marstons........ Up all night help needed

[slgsue]

Morning all, I have quite literally been up all night panicking about this situation after using this site to get all my other debts under control, this one is scaring the pants off me.

 

Basically my OH had an argument with a neighbour over their son hurting my little girl, got heavy, police called and hubby issued a fine. (this was in the days when we didnt pay anything:redface: and hoped things would go away).

 

Well it has well and truly come back and smacked us in the face we owe £655 and Marstons gave us 28 days to pay on 10 March so Friday was the deadline and we just dont have £655 lying about to give them. I have been sat waiting for the door to knock since 6 am and my stomach is in knots.

 

We can pay half the money on Friday (when hubby gets paid) and the other half when I get paid at the end of April. In theory this means they can have all monies due by 28 April.

 

Can someone please advise on how best to go about speaking to them and the likelyhood of them agreeing to this. I have emailed them but they advise phoning as they take forever and a day to sort their emails out.

[slgsue]

Well have tried phoning them, my husband has given me authorisation in writing to deal with this (that way I can be sure it gets sorted!!!) but they dont have a record of this though they responded to the email he gave me authorisation in by letter!?!

 

I am really desperate to get this sorted as Mr is away with work and as its the holidays my eldest child is home for an hour or 2 before I get in from work and in all honesty she should not have to be dealing with some goon banging on my door.

 

Please please can someone assist?

[sillygirl1]

I can't help other than let you know I've alerted the site team to this thread. There are some bailiff experts on the site who can give you the correct advice.

[slgsue]

Thank you that is much appreciated. We have faxed over a letter to advise that we can make payment in 2 parts the first being Friday and the remainder on 28th.

Are charges that they can issue the same if they come out regardless of what they are collecting for or can this be increased due to the charge? Want to be prepared for all eventualities!

[ploddertom]

Was there a particular reason why the original was overlooked? Different address perhaps?

 

PT

[slgsue]

In all honesty I dont know why they overlooked this, only difference was that it was sent by email rather than fax. The original response was 28 days from the 10th March but due to pay days and other financial commitments (eg mortgage and council tax) we were unable to pay in that time.

 

My husband has worked so much overtime so we can cover this but I am really scared and TBH am sure that I will be awake again at 4am waiting for a knock at the door if I cant get this sorted

[ploddertom]

What they won't tell you is that apparently Marstons are permitted to spread any payments out over 6 months! Obviously to get out of the way quicker would be for you a priority, as the chances are they will charge for further visits. Is the total they are demanding a lot higher than the original fine?

 

PT

[slgsue]

We have not yet had a visit (thank god!) but letters stating the amount owed. They do not seem to have added much in the way of charges, I will need to get paperwork out when I get home. Is there anything I can quote regarding the 6 months to spread payments over, not that I want to do that but to keep the wolves from the door until the end of the month is most definately my priority.

 

Thank you for your help, the knots in my stomach are reducing slightly but wont go until 28th when I will have paid this lot off for good!!!

[ploddertom]

I don't believe there is anything written that you can use but believe it was part of the contract that was written up between Marstons & HMCS. If you only have letter charges to date then it is best to try and pay ASAP as visit charges could add another £200.

 

PT

[slgsue]

Thats what I was thinking, just tried contacting them again, I should have authority to speak to them tomorrow, if they add another £200 then the bill wont be cleared until middle of May!!! I certainly dont want this hanging over my head any longer than is necessary!

 

My hubby has written and faxed another letter advising them of our/his proposals and asked them for a response. He also sent a copy of the letter to the HMCS for good measure!

[ploddertom]

Only speak to them by phone if you can record the call. Bailiffs do have an inherent medical problem that affects their hearing, coupled with memory loss they are very vague when it comes to remembering phone conversations.

 

PT

[ploddertom]

I also suspect you are in imminent danger of a Bailiff visit. He will suspect you may be able to pay and if you do this before he gets to see you that is his contribution to his villa gone. In particular keep all doors and windows locked. If you have anything at all lying loose outside it must be moved NOW and if you have a car on your drive them move it at least a 10 minute walk away.

 

PT

[slgsue]

That is my feeling too and thanks to your help ploddertom actually feel more empowered. I am trying to have a shift around with my bills this week and get them out of the way completely when hubby gets paid on Friday, with a bit of luck this may be possible. I have resolved not to be bullied and the fines department at the magistrates courts and Marstons are well aware of my payment proposals. I have the fax transmission reports showing they have been received.

 

I will only call them from work as I have the ability to record the call there, but actually dont want to as the thought of it makes me feel quite sick. If I can make full payment when he gets paid on Friday, I will, but what happens if I make the payment first thing and we are on his list for the days calls, would he be able to add charges as we are on his list, I know it may sound silly, but I dont trust these people and want to be sure that I can tell them to stick any extra charges where the sun doesnt shine.

[slgsue]

Well fingers crossed no sign of anyone yet. If tomorrow can come and go without incident we are home free and will pay in full the moment mr slg gets paid on Friday!!!! The worst thing is being awake listening to every car or vehicle drive down the street.

 

I tried to speak with Marstons but all they could tell me was our correspondance was received and it would take upto 14 days to be responded to, it still concerned me and I said as such that though they have received our correspondence they were still unwilling to speak to me as though they had the letters they cant see the content!

 

I am wondering if they do show their faces tomorrow if there is a way I can put a complaint in, we have informed the courts of our proposal to clear the fine and bailiff would be aware as they are cc'd in the letter.

[slgsue]

My husbands wage has just cleared in our account and I was able to juggle some unsecured debts to pay this in full online. I am very concerned by this statement

"Please print and keep this page as a record of your transaction. If you supplied an email address, then further confirmation of the transaction will be sent to the email address provided.

Please note that you are not absolved of responsibility for the warrant until you receive confirmation from Marston Group Ltd via the post.

Please allow 3 working days for confirmation to be sent."

Does this mean that they can still send their goons to my home and add further charges? If they do what action should I take?

[brassnecked]

My husbands wage has just cleared in our account and I was able to juggle some unsecured debts to pay this in full online. I am very concerned by this statement

"Please print and keep this page as a record of your transaction. If you supplied an email address, then further confirmation of the transaction will be sent to the email address provided.

Please note that you are not absolved of responsibility for the warrant until you receive confirmation from Marston Group Ltd via the post.

Please allow 3 working days for confirmation to be sent."

Does this mean that they can still send their goons to my home and add further charges? If they do what action should I take?

 

Email the court and ask them if the payment has cleared and try to get them to admit that the account is clear in a form that is printed, in case mt grumpy bailiff does turn up imho

 

I'm sure PT and the others will know more