Help !!!!!

[plymaspie]

I received a telephone call from Marstons saying I owe them £1700 for unpaid court fines from a few years ago.

 

I know I got fined but due to my having aspergers syndrome im not very good at understanding or managing finances so they went unpaid.

 

What do I do because I have only just managed to become settled again after the death of my mother in 2008 and am really scared at what they will do to me because the only income I have is my incapacity benefit each fortnight and have very little possessions and none of any value.

 

This is causing me great distress and anxiety and since they have contacted me I havent slept and my patterns and routines have been thrown into chaos.

 

Marstons told my friend who phoned them on my behalf that I could not pay in instalments because its been a long time that the fine has gone unpaid but is there any way at all given my disability and circumstances that it could be returned to the original court to be dealt with because I am really scared.

 

I dont have a support worker or anyone official who helps me only my friend who every fortnight helps me to pay my rent and other bills from my benefit and helps me with shopping to buy food.

[rebel11]

Hi ply

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Here is list of vulnerable persons it is part of The nation 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
  

You would be classed as a Vulnerable Person because of your various circumstances. I don't think you should deal with this by yourself.

Visit you local CAB Office, they can help you deal with this. If the Bailiffs ring again, tell them you are a Vulnerable Person.

[plymaspie]

My username is Plymaspie because I live in Plymouth and people with Aspergers are known as Aspies just in case you got confused by my name.

 

I have never learn money or budgeting skills so thats why my friend helps me with things like paying bills and shopping etc because if left up to me things wouldnt get paid and I wouldnt eat.

 

My landlord has been very helpful regarding my rent because they understand my difficulties and have explained one figure I need to pay and when it needs to be paid and the same with my electric but Marstons dont seem to have the same willingness to understand and its really worrying me.

 

Being born with Aspergers it doesnt take much for me to feel distressed and anxious even the smallest thing like a tv programme I like to watch not being on or a change in the weather so you can imagine what effect the pressure from Marstons is having.

[rebel11]

Hi ply

 

I always abbreviate user names.

 

'My username is Plymaspie because I live in Plymouth and people with Aspergers are known as Aspies just in case you got confused by my name.'

 

http://www.citizensadvice.org.uk/index/getadvice.htm

 

You can find your local office at the bottom.

[plymaspie]

My friend tried to phone Marstons on my behalf to discuss things with them but their so called Customer contact centre only has options to make payment and none to actually speak to someone so we have decided to forget about it until they contact me again which they said they would do yesterday at 12 but I received no call.

[fork-it]

If they turn up, then always keep your door locked shut

 

Citizens advice is the way to go and take some evidence of your medical diagnosis. They can speak to the court manager. The Court has imposed an innapropriate sentence on you because you dont have an ability to manage money and I suspect the court was not aware of your medical condition.

[plymaspie]

When I recieved the fine it was before my diagnosis so nobody was aware that I had Aspergers so at the time it was probably an appropriate sentence but in 2009 when I was diagnosed it has made clear about why I have always had difficulty managing and budgeting.

 

I live on the top floor and there is an electronic door entry system on the ground floor and my buzzer is switched off most of the time so people dont buzz me all the time wanting to be let in so unless someone else lets them in ever they wont get near me because I only ever let 2 people into my home and they are my close friends.

 

Will the case have to be returned to court for re-evaluation following the new evidence about my Aspergers because I dont really understand much about all this but agree with you about it being an inappropriate sentence for someone who cannot manage money.

[plymaspie]

In total the amount owed they claim is £1700 which is made up of 3 seperate fines imposed in 2005, 2006 and 2007 and I wasnt diagnosed formally until 2009 so the court and everyone else would have been completely unaware of my autism and therefore sentenced me according to the rulebook little knowing the fines would probably never be paid.

[fork-it]

Thats a lot of fines, is the bailiff trying to charge you fees?

 

You dont have to pay any bailiffs fees on court fines.

[plymaspie]

Are you sure about that because that would be vital information to me.

 

When I spoke to the court that issued the fines they said the total fines was £1737.55p and that £449.69p had already been paid. I'm not the best when it comes to maths but that leaves £1287.96p and not £1700+ that Marstons is asking for so where has the extra £500 come from?

[plymaspie]

£449.59p already paid sorry

[fork-it]

Bailiffs cannot charge you "fees" for collecting an unpaid fine. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts. It says bailiffs are not allowed to charge you more than the amount you are fined.

 

This means you do not have to pay bailiffs fees.

 

This is official advice there is an contractually agreed scale of fees which bailiffs can charge. That contract is between HMCS and the bailiff company. There is no contract saying you are liable for bailiffs fees without a court order. Also, no contract exists between you and the bailiff company that says you have agreed to pay bailiffs fees. The HMCS contract says the bailiff can DEDUCT THE FEE FROM THE AMOUNT YOU ARE FINED and PAY THE BALANCE TO HMCS.

 

If you pay the £200 + £75 fee to a bailiff then THE BAILIFF IS BEING PAID TWICE. He is paid a 2nd time when, under the terms of the HMCS contract, he deducts it from the fine collected under the terms of the contract.

 

In your case, three fines, the bailiff pockets £825 of your money, and receives a further £825 when he deducts it from the fine before paying it to the Court. That is on top of everything else the bailiff can stick on you for his fees.

 

There is no law saying you have to pay bailiffs fees.

 

This poster contacted the Magistrates court manager about a bailiff (Phillips) who charged her "fees" for collecing an unpaid fine - and if by magic, the fees disappeared,

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/229873-help-philips.html#post2547500

 

This poster recovered his fees from the bailiffs for a Bus Lane fine after filing a Form N1 in the county court naming the bailiffs as the defendant. The bailiffs refunded all the fees, but only on condition of NO ADVERSE PUBLICITY against them.

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/254610-n244-county-court-action-2.html

 

Bailiffs know the official position, and these threads also prove bailiffs know the criminal liability if they are caught charging fees to a debtor.

 

If a bailiff tells you owe more than the law says you do, then he commits a criminal offence of Fraud by False Representation under Section 2 of the Fraud Act 2006. The law. http://www.legislation.gov.uk/ukpga/2006/35/section/2

 

If a bailiff says he holds costs order for his fees, but there is no such document, or the document is not genuine, then the bailiff commits an offence under Section 40 of the Administration of Justice Act 1970. The law. http://www.legislation.gov.uk/ukpga/1970/40

 

If a bailiff adviser (or a PM'mer on this forum) says you have to pay a bailiff fees (e.g. £200 + £75) without a costs order, they are probably sponsored by bailiff companies, and the adviser may be committing an offence of Assisting an Offender. The law. Section 4 of the Criminal Law Act 1967. http://www.legislation.gov.uk/ukpga/1967/58

[plymaspie]

Ok I have spoken to the court that issued the fines and the exact amount outstanding is £1467.99p but Marstons are claiming I have to pay them over £1700 and I mentioned that to the lady at the court and she said they can apply their own fees which is not what it says on the HMCS document I read so i am really confused now.

[fork-it]

Some advisers will tell you that you have to pay fees. Officially you dont - unless you have had a court order made against you (which you can appeal if it wa smade in your absence).

 

Contact the Parliamentary Ombudsman and give them the above document.