Marston's final notice day before removal notice

[sorrylittlelot]

Hi,

 

I have an unpaid fine via magistrate court for driving offence.

 

I called the court in may to arrange an income/expense form but I never called back to complete it as I noticed an attachment of earnings coming from my wages which I thought out was for this fine. Turns out it's not and now I've had these two and delivered notes whilst I've been at work.

I can't pay if in one go, not a chance.

 

Any help of what to do greatly appreciated.

 

Thanks

 

I should add that I didn't attend court nor plea via post as I work away a lot.

 

I haven't been means tested and I'm 99% sure I haven't had an enforcement notice.

[Bailiff Advice]

 

I haven't been means tested and I'm 99% sure I haven't had an enforcement notice.

 

Before addressing your query, can I just make a comment about your above statement as it may assist others reading the forum:

 

With the summons or Single Justice Procedure notice, you should also find attached a Form MC100 Statement of Means and other Financial Services (commonly called a Means Enquiry Form). This form asks for details of your income and other assets and every defendant who is prosecuted for an offence must complete the MC 100. I cannot emphasis enough the importance of completing this form (and even more so, if you are in receipt of benefits or a low income).

 

The information provided on the Statement of Means (MC100) will be used by the Magistrates when setting the level of the fine.

 

 

Relevant Weekly Income (RWI)

 

The amount of the fine will be calculated by the court as being a percentage of your “relevant weekly income” (RWI). This is calculated by the court using the information provided by you on the MC100 Statement of Means form. If your only income consists of state benefits, the court “assume” that the “relevant weekly income” (RWI) is £120 per week and the fine will be set at an affordable figure.

 

In for one reason for another, you fail to submit the MC100 Statement of Means, then the court can assume that your ‘relevant weekly income’ is £440 per week and the fine will be set at a percentage of this.

 

PS: I note from your post that you had not responded to the summons or enter a plea. If your 'relevant' weekly income is £440 per week or over, then not completing the Means Form would not have affected the level of fine imposed.

 

Almost certainly the fine has been set at a higher level that it should have been because you had failed to enter a 'plea'. If you had pleaded guilty, you would be entitled to a one third discount on the level of fine.

[Bailiff Advice]

Hi,

 

I have an unpaid fine via magistrate court for driving offence.

 

I called the court in May to arrange an income/expense form but I never called back to complete it as I noticed an attachment of earnings coming from my wages which I thought out was for this fine. Turns out it's not and now I've had these two and delivered notes whilst I've been at work.

 

I can't pay if in one go, not a chance.

 

How many fines are currently outstanding?

 

How much are they for?

 

Has the fine that was subject to an Attachment of Earnings been cleared?

 

How many fines are Marston Holding enforcing?

[sorrylittlelot]

After looking through my paperwork stash i have found a notice of enforcement from collectica (I assume this is Marston's too as on marston paperwork it as that name at the bottom too)

 

The final notice and the removal notice is for £310 more than the actual fine/notice of enforcement - fees I assume.

 

Guess I'm asking what i should do now

[Bailiff Advice]

After looking through my paperwork stash i have found a notice of enforcement from collectica (I assume this is Marston's too as on marston paperwork it as that name at the bottom too)

 

The final notice and the removal notice is for £310 more than the actual fine/notice of enforcement - fees I assume.

 

Guess I'm asking what i should do now

 

If you read the Notice of Enforcement carefully, you will see that there will be a Compliance fee of £75. There will also be a date by when full payment must be made or a payment arrangement set up. What was the date of the NoE and what was the date when the compliance stage ended?

 

As you had not set up a payment arrangement by the date provided, a enforcement agent has made a personal visit. That visit is charged at £235 (which with the £75 Compliance fee totals £310).

[Bailiff Advice]

I notice from your initial question that you are working so that tends to eliminate any 'vulnerability'.

 

If you could respond to my earlier queries, that would assist with with advice going forward.

[sorrylittlelot]

The final notice and the removal notice were hand delivered (no stamp) a day apart.

 

The notice of enforcement was 05/07/2017

 

Enforcement details - says was a distress warrant 05/04/17

 

It says payment must be made by 23.59 on the 19/07/2017

[Bailiff Advice]

The final notice and the removal notice were hand delivered (no stamp) a day apart.

 

The notice of enforcement was 05/07/2017

 

Enforcement details - says was a distress warrant 05/04/17

 

It says payment must be made by 23.59 on the 19/07/2017

 

Marston's are pretty good at giving a 14 day period to make payment before escalating to the enforcement stage.

 

The options that you have at present are very limited. There is no possibility of you applying to the court for a Section 14 Statutory Declaration.

 

Please do not be tempted to make payment to the Magistrates Court minus the bailiff fees as all that will happen, is that you will receive a letter from the court a few days after making payment advising that your payment has been forwarded to Marston's so that they can deduct their compliance fee of £75 and allocate the bailiff as per the regulations.

 

You have not mentioned how much Marston's are requesting?

 

I am assuming that you have a car. If it's value is over £1,350 it is at serious risk of being seized. Is you vehicle subject to finance etc?

[sorrylittlelot]

The fine is for £800 and marstons are asking for 1120

 

My car is worth a few hundred at most and I rent a furnished house so all types mine is clothes, bed and TV

[Bailiff Advice]

The fine is for £800 and marstons are asking for 1120

 

My car is worth a few hundred at most and I rent a furnished house so all types mine is clothes, bed and TV

 

I have just been reading back at a previous thread of yours from last year regarding a court fine. I provided significant advice to you on that thread and I notice that the bailiff did eventually accept payment of 50% of the debt with the remainder slightly later.

 

I note that you work away a great deal of the time so rarely at home.

 

The fine is for a significant amount and it really is such a shame that you had kept your 'head in the sand'. The options available to you are the exact same as I had advised last year (which was to try to get a sensible payment agreement with the enforcement agent).

 

He would see from his records that you had previously paid an earlier fine last year so that should go very much in your favour.

[sorrylittlelot]

Thanks, the issue from sat year is actually why the attachment of earnings is (although the company still sending me laters)

[Bailiff Advice]

Thanks, the issue from last year is actually why the attachment of earnings is (although the company still sending me laters)

 

Can you explain a little more. In your previous thread, your posting finished after you had mentioned that the enforcement agent agreed to accept a payment of 50% of the amount due with the balance being paid at a later date. I am assuming from your post above that you did not make the payment and the account was then refereed for an Attachment of Earnings. Am I correct?

 

Is that attachment of earning still ongoing? If so, I am confused as to why you would still be receiving correspondence from Marston's.