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

[Esa]

I will have to ring them tomorrow and get the right address that's all I can do and record the letter 

[Bailiff Advice]

On 31/10/2019 at 13:46, Esa said:

 

Letter from court dated 28/10/19,

 

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

 

You mentioned in an earlier post that you had defaulted on the agreed payment arrangement and that on 28th October you received a 'letter from the court' dated 28th October.

 

What was this letter about?  

 

What date was given on the letter?

 

Can you just be a little clearer regarding your above comment concerning the 30th October. Did you receive a bailiff visit that day or a letter in the post?

[Esa]

The amount now is £365

 

Yes correct 2 days later of the court letter dating 28/10/19 stating they have passed it on to Marston and the £15 I paid was sent to Marston, on the  30/10/19 baliff arrived at my door demanding full payment of £380.

 

 

 

[dx100uk]

you missed the answer to what the letter was about

why not scan it to pdf?

read upload

[Esa]

sorry DX, I will get it scanned in tomorrow and send it

 

Many thanks

[Esa]

This is the letter dated 28th Oct 19

court letter.pdf

[dx100uk]

are you willing to pay the £75?

my thoughts are complaining that their appointed EA has broken the rules of engagagement and charged both fees at one visit...?

 

see what others think

 

dx

 

[Esa]

Yes I am what do I do

 

Thanks so much

[dx100uk]

my thoughts are complaining to the council that their appointed EA has broken the rules of engagement and charged both fees at one visit...?

but the the bailiff co. yet to give you a breakdown ...point that out too IMHO.

 

 

 

dx

 

[Esa]

Thanks for that I will do

 

Many thanks for your support will be in touch

 

Regards

 

 

[Esa]

I have sent an e-mail to the court regarding this also who is IMHO please.

 

Regards

[honeybee13]

IMHO = in my humble opinion.

 

HB

[Bailiff Advice]

Apologise for not responding sooner. 

 

Clearly, as you had defaulted on repayment of your court fine, a warrant had been issued and passed to Collectica to enforce. As such, you should have received a Notice of Enforcement from them outlining that they had received instructions from the court and requesting either full payment or proposal for a payment arrangement. At that stage, the bailiff fees would have been set at £75.  Did you receive such a letter? 

 

However, before Collectica would have been instructed, the court should have sent you a Further Steps Notice. This is a legal document and would outline the 'further steps' that the court would be taking if you did not pay the amount required within a period of 10 working days. Did you receive this letter and if so, what date was it dated?

[Esa]

I have no knowledge of receiving any letter from the court or Marston otherwise I would have taken steps to avoid all this worry.

 

Thanks for helping me

 

Regards

[Bailiff Advice]

I would suggest that you contact the court to ask whether a Further Steps Notice had been sent and the date. 

 

[Esa]

This is what the court replied;-

 

"Our records indicate that you fell into arrears in July when you were sent a Further Steps Notice. The matter was passed to Marstons in October as the account was still in arrears. If you have concerns with the way that Marstons have conducted themselves you should raise a complaint with them. They will be able to give you a breakdown of their fees"

 

If the court sent the account to Marston in October they did not give me no notice to agree a payment because they turned up in October 28th demanding full payment. 

 

I am prepared to pay what I owed to the court but marstons have tried to rob me. 

I  have requested a breakdown of their fees which I still have no response.

 

  It is clear what they have done I will find out the date from the court when it was passed to them and date of notice they sent to me apparently.  What do I do if they turn up again with a locksmith and entry notice??

[Esa]

This the breakdown Marston sent me:-

The breakdown of the outstanding balance is:

Penalty Charge / Fine            £ 70.00
Compliance fee                     £ 75.00
Attendance to remove fee      £ 235.00
Total still outstanding             £ 365.00

I can also confirm that the enforcement fee was applied on 30 October 2019, by enforcement agent Mr Chaffey. The reason for this fee was that you failed to make payment or telephone us to discuss your circumstances, in response to our Notice of Enforcement letter dated 7 October 2019.

Your property was again visited by another enforcement agent, Mr Cook, on 6 January 2020. However, no further charge was applied.

For details of the enforcement agent’s certification details, you can find these on the Certificated Bailiff Register. I can also confirm that the enforcement agents were certificated at Burnley Crown Court.

We are instructed to enforce Warrants immediately and to collect full payment. 

As the Warrant remains unpaid, an enforcement agent will attend your premises, to enforce the Warrant, and confirm your circumstances.

When an enforcement agent attends your premises, you may incur additional charges.  Please also be aware that your goods may be at risk if information you have supplied is inaccurate, or payment is not made.

 

 

Also further steps notice was sent on the 25th July 2019.

 

I did not received any correspondence from the court or Marstons until they turned up on the 30th October 2019.

 

Looks like they will attend again with warrant of entry to seize my goods????

[dx100uk]

wonder why they keep using differing names in their list then in the sentence below making it diff to workput what fees and when they are talking about..

 

to me something still smells here...

 

just one point that might explain a few things...

have you moved since you got this fine?

 

dx

 

[Esa]

 

No not moved 2 different baliffs attended and charged fees.

 

Now just waiting for them again in fear

[dx100uk]

ask them for a copy of the Notice Of Enforcement and what address it was sent too and what was its date..

their 'story' doesn't make sense.

 

 

[Esa]

Thanks DX I will do that now

 

X

[Esa]

Received a notice from Collectica (Removal Division) dated 14/1/20 received 17/1/20 now asking for the payment in full????

[dx100uk]

same lot..

 

 

[Esa]

What do I do when they come to take my goods be it all rubbish and not worth anything.

 

 

[dx100uk]

they can't don't let them in .

they'll need a courts permission.

very rare for missing a fine payment plus this appears to be bogus £235 fee too.

 

 

dx