Marstons calling about a paid HMCS fine - need advice!

[Lhollo]

I'm hoping you can give me some advice as regards how best to deal with this:

 

I received a magistrates fine for non-payment of car tax. I wrote to the court in advance of the hearing, explaining the reasons for my non-payment and the fact that my income is non-existent. They decided on a reduced fee of £65, to be paid in weekly £5 installments.

 

I missed some of these payments and they then transferred the debt to Marstons. As soon as I received the letter notifying me of this, I arranged to have the fee paid in full (fortunately, we'd just received a small amount of cash which we used up for this). The court wrote back to say that the payment had been received but that we'd still have to pay any debt collector's fee separately.

 

I came downstairs today to find a a removal notice (no envelope) from Marstons. Apparently they called but I didn't hear them.

 

The notice said that payment of £275 is due to HMCS. They demand immediate payment, failing which they'll return and may 'remove goods even in [my] absence'.

 

Our situation is currently dire. I'm well qualified but can't find work. I'm not on any benefits because until last year I ran my own business from home. Since then I've had a career change. it's going well but it's all voluntary for the moment.

 

My tax is all over the place (I have an accountant working on it but even that's proving problematic - I'm yet to hear from the Inland Revenue that I owe nothing even though my accountant says that it's all been processed). My husband is American and also out of work. He's not entitled to benefits either. I have a daughter to a previous partner - he's moved abroad and pays nothing. Any money I have comes from family or the very occasional ex client who contacts my husband. Even that only pays very small amounts.

 

I always thought that the best thing was to ignore Bailiffs - don't open the door. I'm aware that this might not go away even then though. I really don't know what to do.

 

Thanks in advance for any advice!

[Lhollo]

Really hoping someone can help..!

[hallowitch]

not to good with fines but this from a post by tomtubby

 

the court are supposed to send you a Further Steps Notice BEFORE applying for a distress Warrant. (did you receive this)

 

marstons are also supposed to send you a letter first before they send a bailiff

 

this letter would cost the debtor an admin fee of £75

 

hang in there tomtubby usually notices HMC fines threads

[Lhollo]

I'm lost when it comes to which letters I have and haven't received. Part of the trouble is that I had (probably still have) quite severe depression. Perhaps stupidly, the only way I could deal with my financial mess some days was by putting any letters in a drawer, unopened, and focusing on trying to work. This whole thing makes me so sick it almost paralyses me. Hence days like today - I'm trying to actually deal with it.

 

I'll try to stop being silly and open some letters though...

[tomtubby]

There are so many queries recently on court FINES that I will be posting a new THREAD on this subject in the morning.

 

In the meantime, the problem with such FINES is concerning the CONTRACT that the enforcement companies (Philips. Swift Credit Services, Marston Group and Excel) have with HMCS. The good news is that HMCS have confirmed that payment arrangements can be set up over a period of 6 months. HOWEVER, unfortunately, HMCS have also stated in all of the contracts, that any money that the bailiff is able to collect MUST first be paid towards clearing the debt in full and that ONLY AFTER the debt has been paid can the individual claim HIS FEES.

[lordcrocket]

Hi Lhollo

 

Firstly get all your court paperwork in some kind of date order if possible and try not to worry .

 

Like hallowitch stated the court should send a further steps notice before the bailiffs hmmm .

 

Did your case go to court over the car tax ??

[brassnecked]

There are so many queries recently on court FINES that I will be posting a new THREAD on this subject in the morning.

 

In the meantime, the problem with such FINES is concerning the CONTRACT that the enforcement companies (Philips. Swift Credit Services, Marston Group and Excel) have with HMCS. The good news is that HMCS have confirmed that payment arrangements can be set up over a period of 6 months. HOWEVER, unfortunately, HMCS have also stated in all of the contracts, that any money that the bailiff is able to collect MUST first be paid towards clearing the debt in full and that ONLY AFTER the debt has been paid can the individual claim HIS FEES.

 

 

Now that explains why when an OP has paid the fine directly to the court, the bailiff is hounding them for their fees. If they have only made the first visit surely only a letter and first visit fee is owing ?, and their attempts to collect the whole fine amount plus, fees is dubious at best.

[Lhollo]

lordcrocket - From the court, I had the letter about the hearing date, then the letter about the reduced fine and payment arrangements, then the letter confirming receipt of my payment but that I'd still have to pay any debt collector fees.

 

I've found a letter from Marstons. That says:

 

Original amount due: £139.59

Your part payment of: £64.59

Current balance due: £75.00

 

I had 7 days to pay it before they contacted the enforcement agent to attend my address.

The amount to be paid immediately is now £275.

 

Yes, the car tax issue went to court. I wrote to them in advance as I was unable to attend. They reduced the fine and allowed me to pay in installments.

 

tomtubby: Thanks - that's a good idea. However, I did spend quite some time reading other posts and the information threads already on here. The problem is that nothing specifically fits my case - that's why I posted this thread. I'm sure it's the same for many people, unfortunately. It's also rather difficult, if you're inexperienced in this field, to know what to apply to yourself and what to ignore - and I'm not the slowest of people (despite my financial behaviour!). Hearing those words 'Don't worry - you just need to do this...' can make a huge difference.

[Lhollo]

He called again today. I still don't know what to do so I've done nothing.

 

He knocked and put a card through the door this time. The due amount is the same.

 

The worrying part is that it says: 'You should be aware that there exists a power under Schedule 4A of the Domestic Violence, Crime and Victims Act to enable us to enter your property, BY FORCE (he's underlined this), using locksmiths where required to execute this warrant.

 

This worries me for several reasons beyond the obvious ones. I used to work from home as a photographer. The only thing I have of value is my computer (we don't even have a TV). The computer still has people's photographs on it that I'm legally obliged to keep, despite no longer running the business, and there's too much to transfer. My voluntary work is also partly conducted from home. That, too, is on the computer. Also, my daughter was terrified today. She's 10 and as such I had to explain why we were hiding.

 

Domestic violence, crime and victims.... why does this relate to my situation when I'm not a criminal?

 

Can someone please advise me? Surely the best thing can't be to ignore it completely.... Did the information I provided above help? What should my next step be?

[Lhollo]

I presume there's a reason for the lack of responses to this. Maybe I'm missing several identical threads? If so, please could you direct me to them specifically. Or is it that the fee is actually reasonable?

 

The bailiff seems to call on a Tuesday. I'm concerned that the locksmith will be here tomorrow. Based on the information I've been given so far, or lack thereof, I intend to somehow pay the full amount today. I don't know how I'll do that - it will involve many phone calls to family.

[rebel11]

Hi Lhollo

 

If you are in one of the groups below, then you are classed as a 'Vulnerable Person'.

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
  

Tell the bailiff, tell HMCS, write a letter, send it to both, use e-mail it will be faster.

 

 

 

This has been flagged up.