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I just received this letter today stating:

 

Marston

High court enforcement officer & Certified bailiff

 

CLient : HMCTS Cheshire Div 1

Amount Due : £706.67

 

we are in possession of a Magistrates court order as a consequences of non payment of this above fine.

Your residence at the above address has been confirmed.

 

 

As you have failed to deal with this outstanding fine or respond to letters delivered to this

and previous address, we must inform you that unless the TOTAL sum due above is paid with in 7 days of this letter,

our bailiffs will attend to levy distress and remove good for sale by PUBLIC AUCTION.

 

I want to pay them but they want full amount,

I had been ringing them since last 6 months n told them I will pay you a set amount via direct debit or standing order,

but everytime they say we want full amount,

 

 

now I got this final letter,

Im really worried I dont know what to do now.

please help me I only earn £100/ Week,

so dont know what to do

Regards

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I think you will find this is not HCEOs but the 'common a garden' bailiff division of Marston's being successful in sending a letter with a misleading heading.

 

If you have offered payment and have been refused then stop trying to deal with Marstons and start writing to the Court. Give a full explanation to your attempts to pay and their refusal to accept, send and I & E to support the offer you make.

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thanks for your reply, I really appreciate that, I cant even breath its so upsetting,

 

 

I rang Chester country Court they dont even have any case on my name,

 

 

its about DVLA Sorn car...

so I dont know where to ring now about my case or what to do to setup a standing order,

as when ever i ring morston they dont listen.

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Do you have any knowledge of having been fined for this? If so did you attend Court? Were you means tested?

 

I'll change the thread title to something more appropriate.

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yeh I received letters, but not about court hearing,

I just received this letter stating I have to pay this amount for the vehicle I owned

and I didnt paid the sorn and they had to demolish the vehicle,

 

 

but I moved from that address, and

 

 

when I ring Morston they said, they cant take monthly payments, so I dont know what to do now

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From what you have written above it would seem to me that you had NOT received an initial summons. If I am right then you are legally entitled to file a simple Statutory Declaration in order to have this conviction "rewound".

 

If you could respond to the following it would assist greatly:

 

Did you receive a summons?

 

Did you respond to the summons to enter a plea (guilty or not guilty)

 

If you did respond to the summons ...did you complete the Means Enquiry Form attached to the summons?

 

Did you receive a letter from the court to advise you that you had been convicted and outlining the amount of the fine?

 

If so, did you respond?

 

Have you made any payments to the court in relation to this fine?

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Thanks for your reply matey

 

I'm 101% sure I didn't received any summons to enter plea guilty or not,

 

 

I rang Chester court to see if they have anything against me and they haven't got any record of me.

 

 

I did not even received a single paper of any kind,

 

 

I did not paid court fess as I dont even know in which court my case is,

 

 

I have a deadline date of 22nd of this month to pay them in full.

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yeh he came to my previous address,

the house I lived for only 2 weeks and they had my phone number too,

 

 

I don't know where he got my new address from, I really don't know .

 

 

.. what can I do now to prevent this action,

 

 

I'm happy to pay them £100/month, but they dont want to listen,

 

 

they want all the amount in full and I cant afford that,

 

 

because I have no saving,

 

 

I'm a student and my student account is in permanent debt

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In fact this is relatively simple.

 

What you need to do is to contact the Magistrates Court and explain to them that you have received notices from a firm of bailiffs and that you have spent the past day or so looking into this matter and that as you have never received a summons and have been advised that you should be allowed to file a Statutory Declaration.

 

Also make the point to the court as well that you are a student and that you have been convicted in your absence and a fine imposed without your Means being taken into consideration.

 

I will have a look in a moment as to which office administers the fines for Cheshire 1 and will post back.

 

You have said that you have called Chester COUNTY COURT and that they cannot find any case on their records for you. Firstly, as this is a court FINE you would need to call the MAGISTRATES COURT.

 

There is no such Mag Court for Cheshire. Many courts have closed in the past few years and as starting point, you could call Runcorn Magistrates Court on 01925 236250

 

Please post back with any queries.

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You have said that you have called Chester COUNTY COURT and that they cannot find any case on their records for you. Firstly, as this is a court FINE you would need to call the MAGISTRATES COURT.

 

There is no such Mag Court for Cheshire. Many courts have closed in the past few years and as starting point, you could call Runcorn Magistrates Court on 01925 236250

 

Please post back with any queries.

 

Thnx for your reply mate,

well I rang the number she ask me to ring 08452002078 they deal with all this matter,

but they said they cant do anything as this matter is with Marston group now,

 

 

only help I can get is from citizen advice bureau,

when I rang them they said the same thing I had to pay them

and they can even break into my house.

I don't know what to do,

Monday is a deadline.

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If you had not received a court summons and a fine has been imposed against you without taking your "means" into consideration then the law allows you to file a Statutory Declaration. The advice that you have been given by the court is frankly incorrect but sadly....quite common.

 

I would suggest that you call the court again and stress that you had not received a summons and that if the request to file a Statutory Declaration is to be refused that you will be seeking to make a formal complaint to the court.

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If you had not received a court summons and a fine has been imposed against you without taking your "means" into consideration then the law allows you to file a Statutory Declaration. The advice that you have been given by the court is frankly incorrect but sadly....quite common.

 

I would suggest that you call the court again and stress that you had not received a summons and that if the request to file a Statutory Declaration is to be refused that you will be seeking to make a formal complaint to the court.

 

I Rang the court as you said but they still refuse to talk to me and reffer me to Marston

and when I said about the formal complaint she put my phone down.

 

 

than I rang National debtline they gonna send me letters in which she said just fwd to the Marstons group and wait for there response,

 

 

I just have a fear that if they break into my flat and no ones in there they might take stuff of my partner,

 

 

Im planning to visit a Citizens Advice Bureau tomorrow to get there help as well. As I told you I admit my liability and I'm willing to pay the amount, but to pay all of it in full is not possible.

 

plz help for any suggestions please as its a last day tomorrow, plz I beg fr help.

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Who are you speaking to at the Court? You might be better off going in person and asking to see the Court Manager or Fines Officer.

 

How to see a court maanger & I don't even know in which court my case is , it says on letter " HMCTS Cheshire Div 1 "

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This is very strange indeed as almost all courts will allow a person to swear a Statutory Declaration in cases where a summons had not been received.

 

From what you have said it would appear that the "receptionist" is refusing to allow you ACCESS TO JUSTICE and this is awful.

 

You need to take into consideration that it is the MAGISTRATES who will allow the stat dec to be accepted and YET, the receptionist appears to be REFUSING to allow you to go before the Magistrates. This cannot be right and is very unusual indeed.

 

The only thing that I can say is that you should ask to speak with the Manager and ask for their name and state that unless you are allowed to come to court that you will be making a FORMAL COMPLAINT to the Court Manager. Ask the operator which court is dealing with the case. If all else fails, I would suggest going to the court in person.

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This is very strange indeed as almost all courts will allow a person to swear a Statutory Declaration in cases where a summons had not been received.

 

From what you have said it would appear that the "receptionist" is refusing to allow you ACCESS TO JUSTICE and this is awful.

 

You need to take into consideration that it is the MAGISTRATES who will allow the stat dec to be accepted and YET, the receptionist appears to be REFUSING to allow you to go before the Magistrates. This cannot be right and is very unusual indeed.

 

The only thing that I can say is that you should ask to speak with the Manager and ask for their name and state that unless you are allowed to come to court that you will be making a FORMAL COMPLAINT to the Court Manager. Ask the operator which court is dealing with the case. If all else fails, I would suggest going to the court in person.

 

Would it be better to write to the Clerk of Justice TT?

The Banksta Buster.

:-x :-x

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You are indeed correct. The letter should not be for the Court Manager but should instead be for the Clerk to the Justice.

 

PS: I am hoping that common sense prevails and this will not be necessary. We will wait to see.

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  • 2 years later...

I just received this letter today stating:

 

Marston

High court enforcement officer & Certified bailiff

 

CLient : HMCTS Cheshire Div 1

Amount Due : £906.67

 

we are in possession of a Magistrates court order as a consequences of non payment of this above fine. Your residence at the above address has been confirmed. As you have failed to deal with this outstanding fine or respond to letters delivered to this and previous address, we must inform you that unless the TOTAL sum due above is paid with in 7 days of this letter, our bailiffs will attend to levy distress and remove good for sale by PUBLIC auctionlink3.gif.

 

I want to pay them but they want full amount, I had been ringing them since last 6 months n told them I will pay you a set amount via direct debitlink3.gif or standing order, but everytime they say we want full amount, now I got this final letter, Im really worried I dont know what to do now. please help me I only earn £100/ Week, so dont know what to do

Regards

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I will try and find someone who can help.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have you emailed/written to them ? Telephoning is not always a good idea unless you are recording the call.

 

I am trying to find someone who can advise further.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I just received this letter today stating:

 

 

I want to pay them but they want full amount, I had been ringing them since last 6 months.

 

Did you outline an initial proposal when you received the Notice of Enforcement?

 

Have you ever received a personal visit?

 

What payment proposal have you previously made?

 

Have you provided an Income & Expenditure?

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Did you outline an initial proposal when you received the Notice of Enforcement?

 

Have you ever received a personal visit?

 

What payment proposal have you previously made?

 

Have you provided an Income & Expenditure?

 

They Visited my previous Address of course I'm not living there anymore, but he left a Voice mail on my mobile.

 

I never made any payment proposal ever to them

 

No haven't provided any details yet, so please need to know what shall I do

 

shall I ring them and say I can only afford £10PM that's it

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They Visited my previous Address of course I'm not living there anymore, but he left a Voice mail on my mobile.

 

I never made any payment proposal ever to them

 

No haven't provided any details yet, so please need to know what shall I do

 

shall I ring them and say I can only afford £10PM that's it

 

Unfortunately, an offer of £10 would be refused. This is because the contract that the company have with the court gives them only a very limited time in which to enforce the debt.

 

The amout of £906 presumably includes bailiff fee of £310 (£75 Compliance fee and £235 Enforcement Fee). the amount of fine is therefore around £600.

 

Did you receive a summons?

 

Did you respond to the summons?

 

Did you enter a plea (guilty or not guilty)?

 

Did you complete the Means Statement attached to the summons?

 

Have you made any payments towards the fine?

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