Marston Bailiffs

[lorna1308]

Hello

 

Looking for some advice.

 

I have recieved a letter from Marston saying they had a debt of 314.00 passed to them from Magristate court. This letter arrived 2 weeks after it was dated. It said i had 7 days to pay. They said they have a distress warrant

 

I had no idea what this is for. I rang them and then confirmed it was 14.00 from not having a tv licence. The orignal fine was for 264.00. I genuiely didnt know i hadnt paid 14.00 of it.I know i was in the wrong not having a tv licence but i had just had a baby less than 3 months before and had only moved into my first home alone3 weeks prior to the tv licence man at the door, was still finding my feet! The offence 2009 and I had paid 250 and had not had any correspodence since

 

I asked where the other 300 came from they confrimed it was their 85 admin fee and 215 attendance fee. I explained i had not recieved any correspondence regarding this from the court as i had moved address

 

I rang the court they said they couldnt do anything it was in the hands of bailiffs but that the bailiffs can return it they cannot request it back.

 

The next day a note was put through from bailiff and she said she would be back at 7 that evening.

 

I rang her and explained that i did not have the 314.00 but that i can pay the fine straight away and their fees in installments. she said no i wil come take your goods. I explained all i own is clothes and children stuff as the 2nd occupant is the owner of all other items and that he has proof of purchase. she said that fine i will issue a warrant for your arrest. I asked if she will return it she said no.

 

I contuined trying to speak to the court and the bailiffs and just kept hitting brick walls.

 

I have sent a letter to the court manager and copied int he bailiffs, explained i never recieved any correspodence. explained al i have done above and included a income and expenditure as after my share or bills rent etc... i have 8.00 per month left. Ive also questioned the bailliffs fee for the size of the amount owing.

 

I had a reponse from Marston confirming it was with their complaint department. As of yet I havent had a response from the court but I rang and they said it with their legal department and cant tell me how long it will take.

 

The next day (today) i have had another note put through the door saying she may return with locksmiths as i am refusing to pay. WHich i am not as explained above.

 

Ive considered sending a postal order for the fine amount of 14.00 to the court but have been told it will be passed to the bailiffs.

 

Im at a loss at what to do. I am trying to pay them but cant pay in full. I dont feel i should have to pay these massive fees for such a small debt. The distress warrant was requested on 25th may 2012. Ive read they only have 180 days to execute is this correct? Because its 200 plus day now.

And can she get a locksmith or will she have to contact the court. because surely they wont agree because they've got contact from me?

 

Any suggestions would help

[ploddertom]

It is true that a Magistrates Court Fine for a criminal offence does carry the right of forced entry. However this is mainly for those who are persistent offenders who treat the system as a joke. For your own circumstances it is more of a threat & a lever to try and make you pay. The Bailiff does not care about anything but the cash, so far you have done the right things. The Court should have sent a Final Steps Notice to you but that has probably gone to your old address, hopefully they should take notice of your present I&E.

[tomtubby]

You have said in your post that the bailiff advised you that she would arrange for an arrest warrant be issued. Is this correct?

Frankly, I am astonished to hear that a court has issued a Distress Warrant for just £14 because, it would be clear to the court that the fees being charged by the bailiff company would be wholly disproportionate to the amount of the debt.

My personal view is that a Formal Complaint should be sent to the Court Manager as soon as possible.

As Ploddertom has correectly stated, you are certainly not a criminal offender. You had almost paid the court fine in full. It would seem that discretion has NOT been applied by the courts. This is dreadful.

[lorna1308]

You have said in your post that the bailiff advised you that she would arrange for an arrest warrant be issued. Is this correct?

Frankly, I am astonished to hear that a court has issued a Distress Warrant for just £14 because, it would be clear to the court that the fees being charged by the bailiff company would be wholly disproportionate to the amount of the debt.

My personal view is that a Formal Complaint should be sent to the Court Manager as soon as possible.

As Ploddertom has correectly stated, you are certainly not a criminal offender. You had almost paid the court fine in full. It would seem that discretion has NOT been applied by the courts. This is dreadful.

 

Thank you

 

Do you know weather it is worth me sending a postal order for 14.00

 

I have already send a letter to the court manager explaining about threatening me with an arrest warrant. And about the fees for such a small amount. I am hoping that they accept that I want to pay the fine amount of 14.00

. I'm just concerned they will use a locksmith until the court deal with my letter

[ploddertom]

For the sum involved they will not force entry. No harm in sending the payment to them and seeing what happens.

[tomtubby]

lorna,

 

I have sent you a message.

[jwr86]

Just had a letter through the door from marstons over a parking fee I did not pay, the fine initially was around £100 and now marstons have posted saying I owe over £400!!? Is this right, can they add these charges?

[ploddertom]

Just had a letter through the door from marstons over a parking fee I did not pay, the fine initially was around £100 and now marstons have posted saying I owe over £400!!? Is this right, can they add these charges?

 

It is best you start your own thread for this as it will only confuse posting on anothers thread. best to tell as much as you can so a clearer picture can be built up. The link below will take you to start your own.

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168