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MY son got a £60 fine 2 years ago for driving without an MOT. Due to family circumstances he and his family had to move and he forgot all about it. Today he has had a letter from the Marsden group saying that the bill is now £300 and every time they write to him it will put more money on the total. He contacted the group and told them that although he could not pay what they were asking he had worked out how much he could pay a month and made them an offer which they have refused. He spoke to the magistrates court who told him the debt had not been sold but had been consigned to Marsden. The action taken by Marsden has almost pushed my son to the point where he would just drive his car off a cliff and it is only his young family that keeps him focused. What can he do.? What rights does he have and if he makes a reasonable offer of payment are they allowed to refuse it?

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The problem with theses fines is that the Contracts with HMCS provide that from all monies paid, the court fine must first be cleared and only after this can the bailiff company deduct their fees. It is for this reason that debtors are encouraged to respond to the initial letter. The admin fee that is cahrged at the letter stage is £85 and if no response is received, the warrant is referred to an enforcment officer.

 

Most times, the bailiff company will agree to accept payments over (for instance) 3 monthly payments.

 

As your son had moved home he would not have received a Further Steps Notice. Also if he had not received the original summons he is allowed to file a Statutory Declaration. All enforcement will cease and a new summons will be issued.

Edited by tomtubby

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how much was the offer?

yes they can refuse payment options

 

best option is to contact the court and tell them of personal circumstances that may affect the warrant of distress that will be issued against him

 

unfortunatly forgetting about a fine is no defence

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Is the warrant for the correct Address?

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He was offering £15 a month which was all that was available on their budget

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As your son had moved home he would not have received a Further Steps Notice. Also if he had not received the original summons he is allowed to file a Statutory Declaration. All enforcement will cease and a new summons will be issued.

 

Has he followed this through?


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After Help from TomTubby, Marstons contacted within 18 hours to accept my sons original offer of payments. Thanks again

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I am glad that this has been sorted out. Your son needs to ensure that payments are made to Marston Group in a timely manner and are NOT MISSED !!!

 

I know that he has of financial problems and you may wish to suggest to him that he registers with the forum and visits the debt section. He should be able to get help and support from the many contributors on that part of the site.

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