ang04 & marstons collecting old fine

[Ang04]

Hi, just joined tonight after spending hours pouring over the many useful Marston threads..

 

.My story is similar to the one above but the balance on my outstanding fine was just 32.75p,

 

I received a further steps notice from HMCS and as soon as I was paid my monthly wage

paid the remaining money to HMCS by cash on the payment card at the post office (02/06/11)

 

Fast forward to 7th July and I come home to a removal notice for 307.75p.

 

I called Marston and was spoken to by a very rude and obnoxious person who told me I had to provide proof of payment to them.

I faxed a copy of the payment slip and the card it was paid on to both HMCS and Marstons, hoping that would be the end of the matter but sadly not.

 

Courts inform me that the account had been passed to Marstons slghtly before I had paid (but before any correspondence had been delivered to my house)

so they were entitled to collect their fees.

 

I have come home this evening to a removals notice for the remaining £275 threatening the locksmith

 

in a panic I called Marston offering a payment plan over the 6 months HMCS have agreed as part of their contract.

I was told I had to pay half there and then by card and the remainder within 4 weeks which I couldnt do.

 

After reading all these threads, I realise I dont really know what a levy is...does it mean they enter the property and assess the value of goods as this has never happened.

 

Also, as I paid the balance before any correspondence was sent to my house would the £75 admin fee

just be applied and not the £200 as it was not necessary due to the fine already being paid.

 

Can they enter my house merely for fees or would they need a separate court order?

 

The woman on the phone would not budge from the 50% now and 50% within 4 weeks and stated that the removal of good would be the next step.

 

Any advice would be very welcome as I am a single parent and £275 is a fortune to me.

 

 

Thank you in advance.

[wonkeydonkey]

Hi ang04

 

Welcome to Cag.

 

Can I suggest you start your own thread as it will get a better response than being tucked away in one that is settled.

 

 

WD

[dx100uk]

new thread created for you here

 

dx

[Ang04]

Thanks DX.

 

I have called HMCS to clarify the position on the 6 months to pay agreement as part of their contract with with Marstons and am awaiting a callback. Also, Marstons first letter to me was posted but nobody knocked (my neice was staying with me at the time) so I'm wondering how they could give me the chance to discuss or indeed pay if they had no intention of speaking to me?

 

Obnoxious woman who was trying to extract fees from me yesterday informs me that the overpaid postmen who knock and run carry GPRS with them to record time and location of posting. They could all afford NASA guided missiles at the rate they charge so I will ask for a full report of times and dates in order to support my evidence of paying the fine before the first letter landed.

 

I'm fired up now! At least I know they need a further court order to enter my property without my consent and my kids (14 and 17) have been informed not to give any details of my whereabouts while I'm at work other than a time to expect me home.

 

Thanks again - what a relief to know there are people on here who know what to do in these circumstances.

[brassnecked]

The problem is they have deemed you to have paid AFTER they sent it to Marstons, they may well refund your money to your card to allow Marstons to pursue you for their fees on top of the remaining fine as has happened before there is a thread on here somewhere on just this issue

 

. This is possibly administratively correct, but it leaves a nasty taste as you paid the remainder in good faith. Check out using the search facility posts on Marstons, and HMCS. I am not an expert in this area, but hopefully tomtubby or one of the others will be along soon

[Ang04]

Brassnecked,I paid the original 32.75 in cash at the post office against one of those payment cards the court issues and it was accepted - payment went through so as far as I was concerned my debt had been paid in full. I appreciate the timing was a tad out and that I will need to pay the £75.00 admin fee imposed by Marstons, its the £200 fee for attendance I am now querying as they had no need to attend if the debt had been cleared before they posted the letter. I am sure the letters sent are designed to frighten people into paying whatever is necessary to keep these bullies away from our homes and kids and to be honest, I was about to agree to a payment plan for the full amount. Once I have all the timelines in place I will be in a better position to judge whether Marstons were too late off the mark to charge the attendance fee or not, then there is the issue of the 6 months to pay or whether they can basically demand removal of goods from my home for their fees alone. I am in receipt of working tax credits and cant possibly pay £275 within 4 weeks (or half that amount asap!)

Edited September 21, 2011 by Ang04
grammar

[brassnecked]

I think they may have jumped the gun and assumed you wouldn't pay so called out the dogs aka Marstons, OR quite likely, as you paid by card, even THEIR OWN payment card, the payment would be accepted at the post office. However, the pa\yment would still possibly take up to 3 days to clear through the system so they wouldn't be aware of the payment for up to 3 days.

 

This is why if you agree to pay by a certain day each month and it is a court or bailiff they expect "Cleared Funds" by that date, so if the date falls on a Friday, you pay by card on Tuesday at the latest, so that the payment appears as cleared funds by Friday, otherwise they will deem the payment as late and add charges etc, or default the agreement.

 

This is a possibility in your case, the issue now is to try to kick marstons into touch.

[Ang04]

Zipping up my kicking boots as we speak! I'll keep you posted!

[ploddertom]

How long was it between receiving the further steps notice and you paying? How long between the date on the notice and you receiving it? How was it posted?

 

PT

[Ang04]

I cant remember the date of the next steps notice from HMCS but it was within a week as I get paid on 1st of the month. I paid the remaining £32.75 on 02.06.11 @ 16.32 at the post office (actually I paid 33.00 as I couldnt remember the exact figure so best to round up rather than down!). I've just spoken to marston who have the GPRS record of all visits to my home and the first visit was made on 06.07.11 @ 10.41 which was well over a month after the payment had been made. Now I can understand a few days between payments making an appearance on an account but not well over a month. The first letter on 7th July stated I owed over 307.25 which started the whole ball rolling. I cannot see how they can justify a £200 attendance fee for the account which had been paid, I can see that I am probably going to have to pay an admin fee of £75 as that is added as soon as the account is passed from HMCS to Marston but to attend after the debt had been cleared is surely wrong! I'm still waiting for the court to call me back regarding the time allowed for HMCS clients to clear their debt with Marstons...again, I'll keep you updated. Incidentally, the recorded times for dropping off letters were at 23.26, 06.49, and 12.22. Less attending and more sneaking up the drive like the spineless @holes that they are!

[ploddertom]

Keep a record of everything & collate as much info as you can. I'd be tempted to file a complaint to the Cort Manager & if that is rejected then take it up with the Area Director. Maybe a note to your MP may help also.

 

PT

[Ang04]

Spoken with HMCS who state that there is no specified time limit for marstons to apply when collecting fees etc. I'm not sure this is true as its been stated on more than one site that one proviso for them getting the contract was the ability to charge 75.00 admin fee and then 200 for attendance fee and that 6 months be allowed for payment plans...anyhoo, the lady at HMCS although very pleasant didnt seem terribly knowledgeable, she didn't really know what to levy goods meant and seemed to think the bailiff could pretty much force his way in whenever he liked and if I objected then the police would be called to help Mr Bailiff on his merry way!(I checked on bailiff advice online and they give easy to understand terms and general misconceptions as to what a bailiff would have you believe and what is true!) On with the story, so Marstons have clearly been in touch with HMCS as she tells me I'd been advised by Marstons to write in and state my grievance by letter. I was not told this but intend to do so anyway. I have emailed to state that whilst I am disputing fees I will not permit peaceful entry, that goods have not been levied and any court order should reflect the fact the alleged debt is for disputed fees and not for fines as they have been cleared already. I accept an admin fee is due and at the rate they had agreed with HMCS but I am questioning the validity of the attendance fee. Any advice on what I need to put in the letter to ensure the threat of further legal action stops?