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I wonder if anyone has any advice for me. I'm at a stage 2 complaint with Marstons as I disagree with the fees for a PCN. I will try to keep it short:

 

 

 

  • they called at my home at 2.30 and posted a removal notice when I was not in. Amount due - £129.04 - PCN or debt to council is £82.00
  • They arrived around 6am the next morning and clamped my car, posted a Final Notice and then knocked on the door (in that order, I was getting ready for work but was frightened to disturb them so just looking out of the window)
  • They demanded £379.76 at this point which I had to pay as I had to be in London for work within a few hours

I complained to them and the council (who defended their actions - on a stage 2 complaint with them at the moment) and they sent me this breakdown:

 

 

 

  • 11.20 Letter
  • 61.94 levy
  • 175.00 attendance to remove
  • 49.63 vat
  • 1.00 debit card charge

Strangely the council sent me a breakdown of same said fees like this (and I have written proof of course):

 

 

 

  • 11.20 letter - 13.44 with vat
  • 33.60 first visit charge - 28.00 with vat
  • 40.73 second visit charge - 33.94 with vat
  • 210.00 attendance to remove fee - 175 with vat

Now its slightly worrying that Marstons and the council have provided me with different numbers altogether.

 

Also the bailiff does not appear in the register - i used the justice.gov site

 

Marstons wrote to me again recently to say the the attendance to remove fee is not a statutory fee but a 'charge' and not regulated.

 

I am considering entering a claim into the small claims court as I've simply had enough with waiting around for a straight answer.

 

Is there any way the bailiff may not be on the national register?

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Is there any way the bailifflink3.gif may not be on the national register?

 

 

You say you have already checked this ?


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Have you asked which Court he was Certificated at? Marstons should be able to supply this or ring the Bailiff and ask but do not enter into any other conversation.


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Unless the bailiff has a valid levy, the Attendance to Remove charge does not apply.

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Unless the bailiff has a valid levy, the Attendance to Remove charge does not apply.

 

 

Yeah but getting Marstons to actually give me any worthwhile information is becoming impossible. Just read over my last letter to compose a new one and they havent really answered any of my questions (surprise!). They didn't give me a seizure notice and as i said before mentioned levy charges when the council said they were 1st and 2nd visit charges... How can they do a 2nd visit charge and a removal charge on the same day? I'm guessing they came in the same van on both visits so not sure how they can justify it...

 

Its disgusting that some of these companies are given carte blanche by councils to extort money from the poorest people...

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Yeah but getting Marstons to actually give me any worthwhile information is becoming impossible. Just read over my last letter to compose a new one and they havent really answered any of my questions (surprise!). They didn't give me a seizure notice and as i said before mentioned levy charges when the council said they were 1st and 2nd visit charges... How can they do a 2nd visit charge and a removal charge on the same day? I'm guessing they came in the same van on both visits so not sure how they can justify it...

 

Its disgusting that some of these companies are given carte blanche by councils to extort money from the poorest people...

 

A bailiff cannot levy and remove on the same visit. That is illegal as they have not given a debtor an opportunity to pay and they can only remove if they have a valid and lawful levy. If Marston Group won't impart information they are legally-obliged to disclose, I'd be inclined to treat what they say as suspect.

 

If the paperwork and evidence to substantiate visits, levies, etc., is deficient, you are within your rights to tell them that all and any charges they are demanding will be treated as potentially fraudulent until such time as they produce evidence to prove the charges have been lawfully incurred. If they still ignore such requests and the local council does their "We schoolgirls stick together" number, make payments to the council directly using internet banking or automated payment system. I would also make it clear to the council that fees Marstons are attempting to charge are not in accordance with legislation or the Law of Distress generally.

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