Marston Group - fine paid but bailiff still visiting.

[Zobrown]

Please bear with me here as this is a bit of a long story....

 

My partner had a court fine from 2009, before he met me. He didn't pay. In November 2014 he received a further steps notice from the court. I wrote to the court offering £5 per week and set up a standing order immediately.

 

We heard nothing from the court and the £5 per week was paid without fail.

 

Early June 2015 a bailiff let herself into our home insisting on full payment. My partner paid £200 on his debit card, my partners Mum paid a further £220 on her debit card over the phone.

 

Later on that month when my partners mum received her bank statement, she didn't recognise the transaction by Marstons and requested the bank claw the payment back. The bank re-credited her account on the 3rd of July.

 

She then remembered what the payment was for and asked the bank to re-issue the payment - they did so on the 6th of July.

 

A month of so later, Marstons claimed my partner still owed them £220. I obtained copies of the bank statements proving monies out/in/out and sent them to the bailiff.

 

Today the bailiff has been on my doorstep claiming this £220 is still owed.

 

She has seen the bank statements but doesn't accept that evidence. Apparently she is coming back this evening with 'removals'

 

What are my options since they won't accept the evidence I have??

Edited February 11, 2016 by citizenB
formatting

[citizenB]

I wouldnt have thought there was any other proof you could offer up - statements prove that the money has been paid.

 

I will try and find someone who can help.

[Zobrown]

That's what I figured but the bailiff says they can't find the payment and despite it showing on bank statements it's still payable....

 

Just to add - I have emailed both Marstons and the court explaining the situation.

[Bailiff Advice]

Please bear with me here as this is a bit of a long story....

 

My partner had a court fine from 2009, before he met me. He didn't pay. In November 2014 he received a further steps notice from the court. I wrote to the court offering £5 per week and set up a standing order immediately.

 

We heard nothing from the court and the £5 per week was paid without fail.

 

Early June 2015 a bailiff let herself into our home insisting on full payment. My partner paid £200 on his debit card, my partners Mum paid a further £220 on her debit card over the phone.

 

Later on that month when my partners mum received her bank statement, she didn't recognise the transaction by Marstons and requested the bank claw the payment back. The bank re-credited her account on the 3rd of July.

 

She then remembered what the payment was for and asked the bank to re-issue the payment - they did so on the 6th of July.

 

A month of so later, Marstons claimed my partner still owed them £220. I obtained copies of the bank statements proving monies out/in/out and sent them to the bailiff.

 

Can you post back to let us know what happened after you sent the documentation to Marston Group in around August last year? Did you receive a response?

 

Has your partners mother checked with the bank to ensure that the payment was remade? If so, has she checked her bank statement to see whether or not the 2nd payment has the correct client reference number?

[mikeymack2002]

You may want to speak to Marstons just in case the returned payment is sitting in their account unallocated due to the chargeback?

[Bailiff Advice]

Just to add - I have emailed both Marstons and the court explaining the situation.

 

I notice that you have written before to the court and Marston's and in both cases, you have not received a response. This may be because you are not the debtor. Did your partner provide a signed Letter of Authority to enable you to discuss the account on his behalf?

[Zobrown]

Can you post back to let us know what happened after you sent the documentation to Marston Group in around August last year? Did you receive a response?

 

Has your partners mother checked with the bank to ensure that the payment was remade? If so, has she checked her bank statement to see whether or not the 2nd payment has the correct client reference number?

 

After the documents were sent, the bailiff called my partner still claiming the money was owing. We resent the documents and heard nothing until today's visit.

 

I have a copy of the bank statement upstairs, I will go and check it now.

 

I notice that you have written before to the court and Marston's and in both cases, you have not received a response. This may be because you are not the debtor. Did your partner provide a signed Letter of Authority to enable you to discuss the account on his behalf?

 

I have emailed/written and signed off as him with his approval.

He isn't very good at dealing with things like this I'm afraid.

 

OK - looking at the paperwork and bank statement now. There is a 6 digit reference on the bank statement - the same for all 3 transactions, but I cannot see a corresponding reference on any paperwork from Marston.

The reference must be correct as the initial payment was taken by debit card, over the phone by the bailiff.

[CrappoMan]

It may be a bit late now but have you tried asking the bank to re-claw back the payment, then you can remake the payment to the bailiff now.

[Zobrown]

It may be a bit late now but have you tried asking the bank to re-claw back the payment, then you can remake the payment to the bailiff now.

 

 

No we haven't done that, my partners Mum lives an hour away from us, doesn't do Internet or telephone banking and she's been back and forth to the bank enough as it is...

We may have to look at this as an option if Marston continue to refuse our evidence of payment.