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Hi I’m a new member, could someone please point me on the right direction for advice about marstons dca and a unknown dvla penalty many thanks

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Type marstons and DVLA in the search box. Have a good read of the threads and then if you feel you need some more help post up the details of your problem here....

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Thank you. I do need some advice.

 

On Thursday 26th October I came home from work to find a hand delivered amber removal notice left by Marston Holdings.

It is for £673.75 issued by HMCTS w.yorkshire.

 

I am unaware of any dvla fines

I contacted the number to be told that it is from may 2017 regarding no tax on a vehicle registered in my name.

I was really shocked

there was a car in the household at that time driven by my ex partner

(I haven’t driven for a year due to anxiety medication).

 

he said it had to be paid and then I could dispute it at court but I don’t have that sort of money,

I work full time and don’t receive any benefits and have 2 kids under 16 (also 2 over 16 who live with me).

he then said he would go to court the next day to get a warrant to remove goods.

 

he texted me later that evening to confirm he was going back to court

I offered by text an immediate payment of £100 then £100 per month, he didn’t reply to this.

Yesterday (Sunday) he called me to tell me him and the team were coming today(Monday)to enforce the warrant and remove goods.

 

I told him that I would be at work 8-6.30 but depending on the time of day my 15yr old daughter would be in with my 10yr old son

he said that didn’t matter because they all wore cameras now and could enter the property when minors were unaccompanied.

 

I also advised him that a domestic violence prevention order had been placed on me and the house in September due to my ex partners violence and to please be mindful of that, his response was that before he came with his team and the locksmith he would also let the police know he was coming!!

after a sleepless night I took the decision to call in sick at work losing a days pay but at least I’d be here!!!

 

At 9 this morning he started phoning me

I will not answer his calls now until I get advice but

he keeps ringing and texting me.

 

He said he’s now contacted the office and has cancelled the removal order and wants to sort something out

he won’t even tell me how much the original fine is for,

 

do I call him and see what the arrangement is,

I have to go to work tomorrow

there is 2.5 hours after school when my 15yo daughter looks after my 10 yr old

I don’t want them confronted by a team of men after they’re just getting over the dom violence.

 

I will pay a fine if that’s what it is

I’ve got a feeling that the majority of this amount is marstons fees.

 

One more point, he’s very intimidating on the phone and won’t let me finish a sentence

took great pleasure in telling me he was a policeman in the armed forces

wasn’t bothered about anyone or anything that this job throws at him

 

any advice would be greatly appreciated

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If you have not had a Magistrates summons related to an offence and then no notice of enforcement, you can visit your local Magistrates to do a statutory declaration with them. This would take this offence prosecution back to the beginning and you would not have bailiff fees. You could defend the prosecution and if you are still guilty, you can arrange to pay over a relevant period.

 

Suggest you phone the court and see if you can start getting this resolved with a statutory declaration of not receiving any summons


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Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy


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Never believe anything a Bailiff tells you. He will say anything to ramp the pressure up which is what he has done here about attending when only minors will be present. Do as UncleBulgaria suggests.


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Thank you so much, I’ll walk to the local magistrates now hopefully he won’t turn up while I’m out.ive has 8 missed calls 3 texts and 4 voicemails in the last 2 hours from him!!

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Please will you email me directly on our admin email address because there are one or two things here which concern me – and maybe we can ask some questions in the right places.

 

Is the telephone number that you contacted a landline number or a mobile phone number?

 

On the notice that you were given through the door, did it have a landline/freephone number to call and did you call it?

 

Are you using a mobile phone or a landline when you are dealing with all of this?


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Typical Marston bullying tactics, I thought they had dealt with these bullying bailiffs. Obviously not.

I didnt think they could threaten with a locksmith with regards to this type of fine?

 

What happened to letters warning people that bailiffs are being involved. Im hearing more and more that this is happening, is this to rap up more charges so to line their pockets?

 

Might also be worth contacting DVLA, then again they are just as bad with their notifications.

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surely this is nothing to do with the household but the ex?

 

dx


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surely this is nothing to do with the household but the ex?

 

dx

 

May well be but the Bailiff has a "live" address with someone who is communicating, they don't care who pays as long as someone does.


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surely this is nothing to do with the household but the ex?

 

dx

 

OP said the car was in her name but her partner drove it, so they would be going after the reg keeper.

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Hi

I’m finding this site a little difficult to navigate round

I can’t find the admin email address,

 

it’s all done through a mobile phone mine and his,

I don’t know his full name just mr *****

 

the number provided on the form was a mobile...

 

.the car in question was probably in my name,

hence the action being in my name

 

I have had no notification until the hand delivered notice,

he said he doesn’t have the registration number of the car,

 

surely I should have the opportunity to know how much the original penalty notice was for?

He says not, it’s all gone past that stage now

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May well be but the Bailiff has a "live" address with someone who is communicating, they don't care who pays as long as someone does.

 

Oh how right you are, we know this how?? because we see it on a regular basis. Data protection only comes into force when it suits them.

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Oh how right you are, we know this how?? because we see it on a regular basis. Data protection only comes into force when it suits them.

 

 

Always the same with large companies. They think they are beyond the law and can do as they wish. Marstons seem to have lost track of what their Bailiffs should and should not be doing, makes you wonder what training if any some of them get.


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Hi I’m finding this site a little difficult to navigate round so I can’t find the admin email address, it’s all done through a mobile phone mine and his, I don’t know his full name just mr ***** the number provided on the form was a mobile....the car in question was probably in my name, hence the action being in my name but I have had no notification until the hand delivered notice, he said he doesn’t have the registration number of the car, but surely I should have the opportunity to know how much the original penalty notice was for? He says not, it’s all gone past that stage now

 

Sounds like he doesnt have much info here, he should have.

This seems to be the norm for Marstons at the moment. Information very basic and not very forthcoming.

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Always the same with large companies. They think they are beyond the law and can do as they wish. Marstons seem to have lost track of what their Bailiffs should and should not be doing, makes you wonder what training if any some of them get.

 

Ohhh Ive had this in writing that all their bailiff are fully trained, albeit my particular lady has been sent back to be retrained. Somehow I dont believe them.

I had actually thought that bailiffs had finally come to terms with being good but they seem to be creeping back to their old ways.

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I received your email and I'm responding to you.

 

In the meantime, although you weren't the person normally driving the car, where was it normally kept – on the street? I'm afraid that although it sounds very tough, if it was registered in your name and kept on the street then you probably are liable for the tax situation.

 

Can you tell us where it was kept?


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I told him that I would be at work 8-6.30 but depending on the time of day my 15yr old daughter would be in with my 10yr old son

he said that didn’t matter because they all wore cameras now and could enter the property when minors were unaccompanied.

Dont think that is allowed BWC or no BWC

I also advised him that a domestic violence prevention order had been placed on me and the house in September due to my ex partners violence and to please be mindful of that, his response was that before he came with his team and the locksmith he would also let the police know he was coming!!

after a sleepless night I took the decision to call in sick at work losing a days pay but at least I’d be here!!!

 

At 9 this morning he started phoning me

I will not answer his calls now until I get advice but

he keeps ringing and texting me.

 

He said he’s now contacted the office and has cancelled the removal order and wants to sort something out

he won’t even tell me how much the original fine is for,

 

do I call him and see what the arrangement is,

I have to go to work tomorrow

there is 2.5 hours after school when my 15yo daughter looks after my 10 yr old

I don’t want them confronted by a team of men after they’re just getting over the dom violence.

 

I will pay a fine if that’s what it is

I’ve got a feeling that the majority of this amount is marstons fees.

 

One more point, he’s very intimidating on the phone and won’t let me finish a sentence

took great pleasure in telling me he was a policeman in the armed forces

wasn’t bothered about anyone or anything that this job throws at him

 

any advice would be greatly appreciated

That threat of entry with only a minor present due to using a camera is very worrying. Think he is out of order and at least BankFodder is on the case and can ask Marstons if this is now part of their regular MO, or is it that this bailiff has gone rogue. Looks like they are reverting back to their Pre 2014 shenanigans.


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magistrates was closed this pm

 

I contacted marstons direct to try and set up a payment arrangement as I have to go back to work tomorrow and need peace of mind that he won’t come in here when I’m not present.

 

Their representative said that as it had now left the office and been given to an agent they can no longer deal with it,

however they could have taken payment in full!!

 

I asked about the notice of enforcement and he said it was sent on 05/09.

I did not receive this and

when I asked for a tracking number he said there wasn’t one.

 

I have the voicemail on my phone from the agent this morning telling me he had contacted the office and cancelled the removal of goods

when I asked the advisor

he said there was no record of this

the office wouldn’t have to be informed of removal or cancellations as the agent works for himself now he’s got the case.

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Typical BS by a bailiff.

They try and put the fear of god in you in the hope that you will pay up.

 

Ive had the same issues with them,

no notice ... nothing!

 

If he has threatened with a locksmith

then you have grounds for a complaint.

 

If he calls again tell him a complaint is going in against him because of his conduct.

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On Thursday 26th October I came home from work to find a hand delivered amber removal notice left by Marston Holdings. It is for £673.75 issued by HMCTS W.Yorkshire.

 

I am unaware of any dvla fines. I contacted the number to be told that it is from May 2017 regarding no tax on a vehicle registered in my name.

 

I was really shocked, there was a car in the household at that time driven by my ex partner.

 

He said it had to be paid and then I could dispute it at court but I don't have that sort of money,

 

I've got a feeling that the majority of this amount is marstons fees.

 

I am so sorry but I have only just seen this query.

 

This really should be quite a simple query to resolve. If you genuinely had not known about this matter until contacted by Marston, then you should be contacting your local Magistrates Court for an appointment for a Statutory Declaration. Before doing so, you would need to contact HMCTS West Yorkshire for details of the offence, date of conviction etc and crucially, the address where the summons and all other documentation had been sent to.

 

HMCTS West Yorkshire is a difficult centre to get through ( I spent over 20 minutes on Friday before being able to speak with an operator). When you do ring, press 3. Their number is:

 

01133 076 600

 

PS: As a visit had been made, an enforcement fee of £235 would have been added to the debt. A Compliance fee of £75 would have also been applied. Unless goods were actually removed, no further fees will apply.

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magistrates was closed this pm

 

I contacted Marstons direct to try and set up a payment arrangement as I have to go back to work tomorrow and need peace of mind that he won't come in here when I'm not present.

 

Their representative said that as it had now left the office and been given to an agent they can no longer deal with it, however they could have taken payment in full!!

 

I hadn't seen this post when I made by comment so apologies again.

 

The number that you were calling at Marston would have been their payment line. That centre are able to set up a payment arrangement (usually over a period of 3 months) during what is known as the 'Compliance stage'. This is the date given on the Notice of Enforcement which I would calculate as being roughly 19th September (14 days from the date of Notice of Enforcement being sent (on 5th September). As you had not responded to the Notice of Enforcement (because you had not received it), an enforcement agent has been assigned the account. That agent would have all the notes from your discussions with him and his visit and that is the reason why the call centre told you that all enquiries should me made to him.

 

What you need to be doing is to make enquires as to whether this fine is correct or even whether you are liable.

 

You mention that the fine had been because the vehicle did not have road fund licence. If you are able to answer the following that would be helpful:

 

Do you still have the vehicle?

 

If not, when did you dispose of it?

 

If you sold it, did you notify DVLA of the new keeper?

 

Next, you mention that the conviction was around May 2017. The 'offence date' (the date that your vehicle had been detected on the road without car tax) would have been many months beforehand.

 

You mention too that the vehicle had been in your name. The summons and all other court documents would have been sent to the address where the vehicle was registered on the day of the offence. At that time, which was around the beginning of the year, would the vehicle have been registered to your current address or maybe a previous address ? If a previous address, this would explain why you would not have received any notices from the court etc......it would also be grounds from you to apply to the court for a Statutory Declaration.

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Hi

the vehicle I assume as I have not been given any details was bought at the end of jan 17 and it was sold on at the beginning of June and dvla informed.

I have only lived at this address so it was registered here.

 

I have not received any notices about this issue,

although as I previously mentioned there is a domestic violence prevention order which was issued on 04 sept

I wasn’t resident at this address for nearly 2 weeks after that date for obvious reasons.

 

I know I am going to have to pay this

I cannot access that amount of money in one go

 

am not just offering £1 per week,

if they slap removal and locksmith fees on as well they will honestly struggle to find goods worth the total amount I will end up owing.

 

I don’t have a car or any high value goods.

The agent said he will take my tv and my sofas which will make for interesting evenings as I don’t have a dining table to sit at

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