levy charge when the fine was paid and accepted

[MacLebaski]

Hello Everybody with similar problems ! and good people coming here to help

Once I was abroad for a long time two of my vehicle road taxes expired. Both of them were parked off road. One in garage area the other in residential bay associated with the terrace house I live in . The clamping company claimed that they were parked on road... I paid realise costs of the one parked in residential bay. I have written to court that I am willing to pay DVLa fine for untaxed vehicles but I already paid to their contractor for unlawful clamping. I indicated in posted by court form that I want person who clamped my vehicle present in court. I have no heard anything from Court until I received two further step notices. One asking for 971.00 the other for 293.75. I heve written to them back asking to appeal in both cases. The court sent me back appeal form. With the help of CAB Enforcement office put on hold my cases giving me more time to appeal or pay the fines. I decided I had enough of it and paid both fees at the same time. Three months later I received Removal notice from Marston. They do acknowledge that the fine was paid and accepted by court but they still want 290.00 for only one case. I called Enforcement office asking why they sent it back to Marston once the cases were on hold and they received full payment . And why they sent back to Marston only one case when two cases were on hold. The answer was that i was lucky with one case.. Can Marstin bailiff charge levy fee of 215.00 when the fine was paid in full and accepted by Court ?

Regards

Mirek

 

ps after phone conversation to bailiff when I mentioned that I am going to be away over bank holiday and I can continue dispute during the week he made statement that when he visit my house on Saturday, he will wait for one our than with assist of locksmith he will open my door, change the lock and after doing his job he will drop the key to police station. I know that Magistrate court bailiffs have got a lot of power and I wonder if it is worth go gamble my belongings. also I have heard from my close friend that he happened to be in the house visited by the bailiff from Marston where the person they had warrant moved away but they still nicked my friends 1000.00 watch from fireplace and did not recorded it ...

Edited April 6, 2012 by MacLebaski

[i hate bailiffs]

ps after phone conversation to bailiff when I mentioned that I am going to be away over bank holiday and I can continue dispute during the week he made statement that when he visit my house on Saturday, he will wait for one our than with assist of locksmith he will open my door, change the lock and after doing his job he will drop the key to police station. I know that Magistrate court bailiffs have got a lot of power and I wonder if it is worth go gamble my belongings.

 

if this is a private address

 

and they not been into the property before you will be ok

 

sounds like a threat to get his money

 

when you go away doors and windows secure at all times

 

as it has come from the court it will need sorting before it escalates further but sounds like you are on to it anyway

[MacLebaski]

My house was in the past laterally raided by bailiff with company of Police. This are "the benefits" of renting rooms and being away often. Some loggers live behind unpaid fines and the surprise comes early morning banging loudly to the doors lol Last time it caused so much stress when I tried to preserve my rights and principles that to be honest I have never recovered from it. The story was like from American movies. who is interested can briefly check my previous posts. The system in this country like in all of socialistic/communistic countries EU is so bureaucratised that the common sense might be lost forever. The system psychologically tortures people ones they are drugged into it. The real justice is for minority who can afford solicitors, lawyers or who are very smart with plenty of time to find their way around that system. I worked for most of my adult live in England in security industry. I have seen so much radicalness in jurisdiction system that I have lost faith in it forever. I am about to move to middle east. For the past years I have travelled a lot as a close protection officer. Surprisingly I have found a lot more freedom in those countries than in Europe. Life is simple and people smile. They do not have that whole ballast we carry on our shoulders in Europe. The place I am moving in to run a hotel/ restaurant is called siwa oasis and is situated in the middle of Sahara. the web site will soon fallow greatescape.net or something like that. I will make up date if anybody will be interested in absolute relax and maybe to move in if accepted by Beduins. There is always room for good people

[MacLebaski]

The time runs when tomorrow morning I can expect that nasty man on my door step. I am still straggling to clarify what is my legal position with Marston demand for 290.00 when they acknowledge that the debt was paid in full. this is what i have got from CAB

 

if the client pays the debt to the creditor but without paying bailiffs charges , before a seizure has taken place the right to levy distress is lost and a levy for the charges alone is illegal. for the example, if the debt is paid to the creditor, and the bailiff is instructed by the creditor to withdraw, the bailiff cannot levy goods from the client to recover his/her costs

 

how to understand it exactly ? the first part clearly says that if debt was paid to the creditor before seizure has taken place the right to levy distress is lost and the levy for the charges alone is illegal. FULL STOP but than there is an example "if the debt is paid to the creditor, and the bailiff is instructed by the creditor to withdraw, the bailiff cannot levy goods from the client to recover his/her costs"

 

in my situation enforcement officer said to me on the phone that there is no outstanding balance on my account but I have to deal now with bailiff... When CAB worker read above note to bailiff he said that this is a criminal meter and the procedures are different ... Is he right or is he lying ? Any advice will be appreciated

[i hate bailiffs]

if the fine/ outstanding balance has been paid in full there is nothing outstanding

 

A little more about the bailiff is he certified or high court enforcement?

 

either way if they do attend tomorrow ignore the door if need be if they not been in before they cant break in

 

There is nothing for them to enforce end off

 

Contact the court first thing Tuesday following bank holiday

[mohmmad786]

MacLebaski, have a read at my thread and it should give you a better idea. Another thing is if the fine is paid in full than they cant levy on anything just for there own fees. They can ask for administration charges whih is normally £85 but thats about it, in my thread you will find a video as well where the bailiff threatens to bring locksmith so have a look.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?337882-Bailiff-Letter-for-court-fine-which-i-just-paid

[seanamarts]

If the fine has been paid and accepted in full by the courts, then the bailiffs CANNOT break into your home for their fee's.

 

Have you had a break down of their fee's.

 

This is now a civil matter between you and Marstons, if they want their fee's they will need to take you to a small claims court, they would have to prove that they are owed this money.

[brassnecked]

If Marstoms were to proceed to enforce for their fees only, as alluded to by seanamarts they would have to justify all the fees in a separate civil action in the small claims court. They may well not fancy that option,

[MacLebaski]

Now I need a lot of help. I lost hope for justice completely . The bailiff visited me as promised. I handed to him a note I received from CAB : if the client pays the debt to the creditor but without paying bailiffs charges , before a seizure has taken place the right to levy distress is lost and a levy for the charges alone is illegal. for the example, if the debt is paid to the creditor, and the bailiff is instructed by the creditor to withdraw, the bailiff cannot levy goods from the client to recover his/her costs

 

He called a Police. Police officer attended and I have invited her inside. I explained circumstances of this case that according to the legal advice I received his warrant is invalid and his action is illegal. She was a nice yang lady who started the conversation that she did not come to assist him in any form only to prevent breach of pace. She was not able to seek any advice on the spot if the warrant is valid or not. She said that if it is invalid he is breaking the law and he will face consequences. (obvious ). I said ok than I will pay to finish it now and I will take a legal action for committing a fraud. We step outside to inform him of decision ... and he said that the locksmith was already called and he must charge his fee as well... I said OK If I am forced now to pay for a virtual Locksmith I want to see the man if he really turns up I will report criminal damage . I asked for Police reference number and Police officer details to use her as a witness. We waited for a few minutes and I felt so sick that I stopped it and paid also for a locksmith. All together 447..00 when there was nothing outstanding and the case was on hold at the moment of paying a fine to court. What is my legal position ? What Acts, Section should I use to back up my case ? Where to complain ? Shall I take a legal action for a day light fraud ?

Bailiff repeated that the above advice from Citizens advice bureau was for Civil cases not criminal . Is he right ? What a criminal offence is it in the first place to not tax vehicle on time which is parked off road and the owner had to stay longer abroad.

Edited April 7, 2012 by MacLebaski

[seanamarts]

You should of stood your ground, he had no rights what so ever, there was no lock smith at all, the bailiff was bluffing as they all do just to get their money.

 

Did you get a break down of charges?? what did they levy on?

 

There was no warrant to answer to as you had paid the fine.

 

The first thing now is to make a complaint to Marstons, Others will be a long to advise.

[i hate bailiffs]

There was nothing outstanding the bailiff done the usual lies just to get the money and he won

 

not sure why you would pay him that's your choice

 

good luck with getting your money back

[MacLebaski]

Ye I did asked for breaking the costs.

Compliance 75.00

Attendance 215.00

Virtual L/smith 156.00

 

Why Police which supposed to protect public allows for this procedures ? I did asked Police officer a few times if they have any police legal advice number to clarify who is right ?

I showed her bailiffs notice of removal and Marston Charges proofing that the sum they demand are only charges alone without any fine outstanding. The fine was paid over two months ego and they do not even make a secret that they are only after charges.

 

ps I did pay because i need a legislation to back up my case. I would arrest the bailiffs in front of officer if I had it printed black on white and he attempted to break in. The officer did not know if the Bailiff acts legally or not so she needed that Act, legislation as much as I did

 

 

P.s. well when the police officer is present his/her duty is to prevent crime. Member of public can only assist if asked so legally I was not permitted to arrest him but definitely I would protect my household. My house is my castle

Edited April 7, 2012 by MacLebaski

[MacLebaski]

//

[seanamarts]

Can you PM me the name of the bailiff please, I would like to do a bit of digging on this one.

[mohmmad786]

I am really sorry to hear that it all happened and the police didnt do anything and no matter what the law states the bailiff took your money cause of the LIES he made up and that is why i believe that the new legislation which is coming in place need something which would stop the bailiffs from lying and if caught lying they should lose there license forever and the company he is working for shouldnt be allowed to deal with that particular case. If something like that is in place that the fine would go back to court and they would have to give it to another company hence the bailiff company losing out on business.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?338845-Amendments-to-the-National-Standards-for-Enforcement-Agents-CONSULTATION/page2

 

As for this case, did you pay them by cash or card? was it a debit card or credit card? If you paid by credit card than its alot easier to get your money back as you can phone your bank or card issuer and ask for a chargeback form. I am sure that more experienced members will give you better advice on it as well but in my case i went on direct.gov website and went for community legal advice(in my case it was free and they called back) but not sure if its gonna be in your case.

 

https://forms.direct.gov.uk/forms/form/277/en/community_legal_advice-call_back_service

 

Just cause you have paid the money doesnt mean you lost it as you can still take them to court and in most cases if not all people have got there money back or the bailiff company has settled the case before taking it to court. If bailiff lose a case in court than that particular case can be used as reference in future cases in court and if you win the case people starts finding out than everyone is gonna ask for there money back from bailiffs and thats what they dont want and dont worry too much as you still got 6 years to get your money back.

[seanamarts]

did you pay by card?

 

If so you may be able to get it back. I am not sure how you can do this but there are others who will know.

[MacLebaski]

Thanks so much for replays . Yes, I did pay by debit card . Can I call my bank to say that this payment was a fraud and ask to return it ? There should be same governments guideline if not legislation that there was something not right in bailiff action .This would be a start to make a complain to Marston and than taking them to small claim court ? I think that Enforcement office did not do a good job either knowing to what problems they expose debtor without removing a warrant. The conversation with lady from Enforcement Enquires were long and her arguments were far away from legal language. Her position was that this is now between me and Bailiff and it hasnt got anything to do with Enforcement office

Edited April 7, 2012 by MacLebaski

[ploddertom]

Did he give you a receipt? Have you checked to see if he is suitably Certificated? You should also write to them for confirmation of the breakdown of fees. The charge for a Virtual Locksmith is outrageous, to me Virtual is imagination only, and if one had of been called then max charge in my opinion would have been £50/£75.

 

PT

[seanamarts]

You can request what lock smith was used. There is no charge fee that I can find for a virtual lock smith, or a threat of a lock smith being called. One has to appear so a charge can be made and a receipt can be given to show that said work has been done.

 

Mr Bailiff is going to come a little unstuck when prove is requested because there was a police officer in attendance.

 

I have offered the OP my help on this matter. As many regs know on here I have had dealings with Marstons, and delight in dealing with them again, especially when there bailiffs are clearly in the wrong,

 

Bailiff is certificated, however it runs out the end of this month.

[mohmmad786]

Thankyou very much guys for your help and support. One more thing is that i looked at the receipt and i paid the fine on the 10th of February rather than 14th(my son's birthday).

 

https://forms.direct.gov.uk/forms/form/277/en/community_legal_advice-call_back_service

 

I went on the website at around 11am and requested for a call back at 2pm and they were on time to call me, first a lady took my details and than passed me to adviser and she said that as the fine was paid in full, the bailiff cannot levy on anything as he is only got his fees to recover and she said the bailiff should have never visited me asking for his extra £215 as he visited me to collect his fee so that £215 is invalid. She said that we might have to pay £85 to marston for sending the letter but when i mentioned that i have got a disable son and i receive carers allowance, she said that i fall in the vulnerable category. The lady from law centre also tried calling the court to take the fine back but there computers were down so they could not help and than she called marston on my behalf and explained that the case should be handed back to court as i fall in vulnerable category.

Now this is what i could not understand as i was listening to this conversation between the law centre and marston. Now i paid the rest of my fine on the 10th of february and the lady at marston said that my case went back to court on the 13th and was returned back to marston within two hours.

All i can understand is that the court received the fine in full but what was the reason that they sent it back to marston? is there some funny business going on or is it just me?

 

Sorry to bring this post from my thread but the bailiffs cannot levy on goods just for there fees so my understanding is that even if you have paid them you can still take them into small claim court and get your money back but someone senior with more knowledge maybe able to advice you better.