Marston & fees added to old court fine .- help

[Jontydog]

Hi this is my first time on the forum and I need help and don't know where else to turn.

 

I am having trouble with Marston Group Bailiffs.

 

In short I have just received a letter from my old address which was sent on 4th May this year saying I owed £220

which was an outstanding court fine of 135 plus 85 charges from marston.

 

I went to their website to pay the £220 on friday night and was told I couldn't pay it.

 

I rang Marstons yesterday morning to pay by debit card and spoke to a guy who informed the debt has now risen to 400 plus due to it being in the hands of the bailiff.

 

I was told the extra money had been added because they have had to make a visit.

 

Now as far as I am aware no bailiffs have been to my current house or my old address so how can they make the extra charge.

I am quite prepared to pay the 220 but can't afford the extra 215 for attending.

 

Any help would be greatly appreciated as I am at my wits end with it now.

 

thanks in advance

[honeybee13]

Hello and welcome to CAG.

 

I'll move this to the bailiffs forum here and send you a link.

 

My best, HB

[hallowitch]

did you know about the court fine before you received the letter from your previous address

It looks like you did not receive the further steps notice from the court (if all correspondence has been going to old address)

 

this would mean the warrant is in your old address

 

you should file a statutory DEC with the court have a read of this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?165753-MAGISTRATE-COURT-FINES.-Template-of-a-Statutory-Declaration.(1-Viewing)-nbsp

[Jontydog]

Thanks for the reply hallowitch yes I knew about the fine and made 3 payments of 50 off it as arranged with the court as the woman I spoke to said the minimum I could pay was 50 a month even though I told her I couldn afford it. I know I should have got in touch with the court instead of burying my head in the sand but I am by nature a bit of an ostrich

[blingbong]

Hi there. I had exactly the same problem from Marston. I paid up all my fine only to be greated by a bailiff 2 weeks later to remove goods to the tune of £215. The police sided with the bailiff and I had to pay the £215 or have my goods seized then and there.

 

I don't mean to scare you but this is thier practise. The good news is it is illegal.

 

That £215 is only valid if a baliff seizes your goods. I would seriously do your homework quickly so when the bailiff arrives you are armed with a wealth of knowledge. The police mostly always side with the bailiff.

 

If you can borrow the money as I did and pay the bailiff on arrival. Then File a FORM 4 to the court that certified the bailiff for fraud by false representation.

 

That is what I am doing. Best wishes, I know it's awful x

[tomtubby]

Blingbong.

 

Filing a Form 4 Complaint is a VERY SERIOUS MATTER indeed. By making such a complaint you are in effect asking the court to consider whether the bailiff is a "fit an proper" person to hold a certificate. Also, you cannnot make an allegation of fraud to a County Court. Such allegations must be made to the police and they have to consider the complaint.

[Jontydog]

Hi thanks for the replies. I have no chance of getting a loan and do not own anything in the house where I am at present as its my girlfriends house. My ex wife has all my stuff which even if sold would bring next to nothing

[old bill]

Blingbong

 

I have to agree with Tomtubby about you making a Form 4 complaint against a scummy bailiff who has engaged in alleged Fraud by False Misrepresentation. The offence comes under the Criminal Law and, as such, can only be dealt with by a Magistrates Court or a Crown Court, not a Civil Court. You may find it is better to make a civil claim against H.M. Courts and Tribunal Service (HMCTS) as they are 100% vicariously-liable for the actions of Marstons through the legal instrument of agency.

 

I would certainly recommend you making a formal complaint against Marstons to the OFT's Credit Fitness Team and your local Trading Standards Department. Marstons' bailiffs have been involved in a number of incidents recently, some of them serious, some of them very serious, and it appears OFT Credit Fitness Team are not happy bunnies. It is almost as if Marstons have pushed the self-destruct button.

 

Send an email to [email protected] and insert CREDIT FITNESS in the subject box. Give a clear and concise resume of your complaint. Your will need to include the following details in your complaint -

 

Company Name: Marston Group Ltd

Credit Licence No.: 333059

 

It is a good idea to print off the email and let your local Trading Standards have a copy of it. It saves them a lot of work and means they know that OFT Credit Fitness Team are also on the case. I am attaching copies of the OFT Debt Collection Guidelines and MoJ Regulations for Bailiffs to this post.

OFT Debt Collection Guidelines (2011).pdf

national-standards-enforcement-agents.pdf

[Jontydog]

Thanks old bill I think that is the route I will be taking and will use the automated fone line to pay the 220 which I don't mind. Will keep you all informed

[sgtbush]

from what i understand from your statement, you missed payments to the courts or were late or dodnt pay the agreed amount, you are in breech of an aggrement and the courts take action against you

the courts then issue a warrant of distress against you--- this is £215

bailiffs enforce such warrant-- admin fee £85

the whole amount is payable to the courts or the bailiffs

if the debt is returnt to the client, the courts, they will make a decision on what to do next

warrant of commital is the next stage up

 

their is no wrong doing so a form 4 complaint would be thrown out, and you possibly run the risk of cival action against you by the bailiff

 

hope you get this sorted

[sgtbush]

and for your infomation if a warrant of distress is issued then the bailiff CAN force entry with or without your presence under the magistrates court act 2004 and the DVCV act

 

 

see bailiffadviceonline dot com magistrates courts fines

[old bill]

Sgt Bush,

 

The provisions you mention in your post apply to fines for criminal offences only. This is because a custodial sentence can be substituted for non-payment of such a fine by way of a Substitution Order. The forced entry does not apply to traffic fines or summary offences not carrying custodial penalties. Marstons have form for forcing entry illegally, their usual modus operandi being to assault people and lie to the police, even when people have already paid the fines in full. I am currently dealing with such a case on another consumer advice site and I can assure you that Marstons' actions are being taken very seriously by the relevant authorities.

[nadir211]

I am going through something similar,I have posted a new thread please help me.I shall be ever so greatful to you all.I am relying on some expert advice in this matter.

Search Marston group is harrassing me.Please help. in the search box.please reply soon before marston bully returns.Thanks in advance.