Court fine, missed payment. One Marstons visit adds £310 to my £70 remaining debt?

[Esa]

I was recommended by a friend to use your site as it was highly recommended so I hope you can help me.

 

I was paying a court fine every 2 weeks at 15.00

I have missed a few payments

 

do the court sent the debt to Marstons who visited me yesterday leaving a letter for removal of goods and asking for £380 payment which obviously included their cost. 

 

I did not open the door but fear now they will come back. 

 

I am on universal credit and have nothing of importance for them to take just my dog and my books,

 

what do I do please help.

 

Regards

 

Esa

[dx100uk]

have you previously had a notice of enforcement from marstons

and you agreed a payment plant following that with them?

 

tell us the full history please

 

dx

 

[Peterbard]

Hi Esa

 

How much did you owe, after you defaulted the arrangement?

 

The sum mentioned is only a little over the costs for the enforcement and compliance stages?

[Esa]

I will find out what the balance owed to the court I only sent a payment of £15 last week which they forwarded to Marston the letter from court was done on the 28th Nov and Marston turned up 30th Nov.  

 

Be in touch shortly and thanks for replying so quickly.

 

Just found out the balance was £70. 

 

Now they have slapped £310 on top how can this been fair they only came once to visit.

 

What do I do now please?

 

Thanks

[dx100uk]

when did you get the notice of enforcement from marstons.

 

dx

 

[Esa]

it seems this is the norm the courts are no better do I contact them ? 

 

please advise me on this.

 

Letter from court dated 28/10/19,

 

letter of notice on 30/10/19 from Marstons visit

[dx100uk]

NOE gives you 7 days @ £75 to pay

they cant charge 2nd visit fee of £235 at the same time.

 

something is not right here

 

to date you've only been paying the court?

 

no previous bailiff involvement ever?

[Peterbard]

,Hi

Can I ask whom you made the arrangement with. was it the court or the bailiff. Also did you make the arrangement after receiving A letter from the bailiff'

 

Just to be sure, could you tell us how much the arrangement was for, and what the terms were with dates of missed payments.

 

It seems a small amount to go to the bailiff, especially in view of the fees. my first thought.

 

Cheers

[Esa]

I have been paying the court direct no involvement with baliffs at all until now

 

the arrangement was made with the court when first fined

 

I have not spoken at all to baliffs

so you are saying just pay them £75 within 7 days am I correct 

 

You are so helpful made me feel a bit better now

 

Cannot remember exactly the amount but it was something in the region of £300 plus and all I owe is £70. 

I was paying 15.00 every 2 weeks but on some occasions may be over every 2 weeks a bit unfair to send it to baliffs I think.

[dx100uk]

well as i said then

something smells here

 

the bailiff will send or deliver a notice of enforcement giving 7 days

that adds £75 fee to the 'whatever'

 

if you fail to settle or make a arrangement within 7 days and they re attend

that adds the extra £235 fee making a total of £310, that's all they can charge.

but they CANT charge both the £75 and the £235 on the SAME VISIT.

 

me thinks it might be time for a breakdown letter to them.

 

dodgeball...am I correct?
 

 

 

[Esa]

• Thanks I will do that tomorrow many thanks to you all  

Totally disgusting what they are doing first ever visit within two days of court letter they are legal rouges and need to be stopped.

 

I will fight this with the help of you good people.

 

Thanks

 

I smell a rat 70.00 owed and now 380.00 demanded???? so charged 310.00.

[dx100uk]

"From:
My Name
My Address
.
To:
Acme Bailiff Co
Bailiff House
.
Ref: Account No: 123456
.
Dear Sir
.
With reference to the above account, Can you please provide me with a breakdown of the charges. 
.
This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - the reason for the fee.
c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - the name(s) of the Court(s) the Bailiff(s) was/were certificated .
e - the date of the Certification.
.
This is not a Subject access request .

You are obliged to provide this information.
.
I require this information within 14 days.
.
Yours faithfully
.
Ripped off customer"

 

[Peterbard]

After the hearing the defaulter should be made aware of the judjement. And given time to pay. Thereafter the judgement details are sent to the fines officer.

 

The fines officer should send a notice of "further steps" to the debtor, itemising the things he may do to enforce: Bailiffs, Attachments of earnings, etc

You get a further 10days to pay.

 

The debtor  may contact the court/fines officer, with a income and outgoings statement and an offer to pay. 

 

If this arrangement is defaulted,  the fines officer will generally transfer the case to the Bailiffs.

 

Once the Bailiff acknowledges receipt the warrant and signs for it, fees are due, in the form of the compliance fee(£75).

The Bailiff must then send a "Notice of Enforcement" immediately, giving seven days to ring, or contact him, in order to make arrangement to pay.

 

This notice is REQUIRED by law, if it is not sent the enforcement cannot continue. 

It is pointless trying to contact the court at this point, because they will just refer you back to the bailiff.

 

Once the compliance period has gone by the bailiff can call, and once he does the additional enforcement fee is chargeable. £235. The total due and payable at this point is £310.

 

In the OP/s case, there are two issues that I see.

 

One, was it fair that the fines officer transferred the case given that the amount outstanding would DOUBLE as soon as he did?

 

Two. Was a Notice of enforcement sent before the bailiff called at the premises?

 

 

 

[dx100uk]

more like 5 times the org £70 amount...

looks like on the 30th the bailiff attended for the only time

delivering by hand the NOE and levying the whole £310 fees, hence asking for £380?

 

p'haps just for total 100% clarity.... the OP can confirm this is correct.

[Esa]

I am sending the letter off today thanks for letting me know.

 

That is what exactly has happened 70.00 plus 75.00 plus 235.00  totalling 380.00

 

All in one go

[Peterbard]

Just to clarify. The amount outstanding will double (give or take a fiver)as soon as the warrant is acknowledge by the bailiff. £70+£75

The first stage fee will be added when the compliance period has passed and if no payment is made

To then give a total of £310.

The bailiff should not have called until the NOE was sent and 7 days had passed.

Edited November 1, 2019 by Dodgeball

[Esa]

Thanks Dodgeball all  charges applied in one go demanding payment in full on the same visit I have sent a letter off to them as instructed.  How many people they are doing this to scaremongery they should be prosecuted for this.

[Esa]

Just to update no reply from Marston regarding letter no further visit as yet.

 

 

[Esa]

After all this time the man from Marston once again attended my address

he was threatening me with locksmiths and gaining entry to my address. 

 

I told him if he comes in my property I would defend myself and not with my hands

he said he was going to report me and come back with a locksmith and armed police. 

 

I cannot accept this behaviour when they have created a large debt that is not even been charged correctly. 

I sent the letter off to their head office they sent it back

 

he had no ID badge no letter and was on his own. 

What do I do now seems they are bullying me and other.

 

Please help

 

[dx100uk]

what letter did you send

should have been the fees breakdown I posted.

 

what did the send back?

dx

[Esa]

I did send the very letter you told me to send.  I also reported him to the police and they told me they are not allowed to break into properties  and if he comes again call them.  They must know what they have done is wrongly constructed

[dx100uk]

you said they sent it back 

sent what back.

 

can't see how they'd get away with justifying breaking in IF what you say is true, and both fees were charged on the same visit the court would remove his licence to operate and issue you with serious compo.

 

 

[Esa]

They sent back the letter that I sent them asking them for a breakdown of their fees stating return to sender.

Yes the case is all fees were charged in one visit.  Hope I make sense.

[dx100uk]

what address did you use?

 

dx

 

 

 

[Esa]

Birmingham address