Debt Collection by Marston Group

m3ech · 6 December 2012 at 11:34AM

Hi,

I hope that someone here maybe able to help!

A few years back my husband received a speeding fine, he was basically caught on the road by an undercover police car, anyway because it wasn't a mobile camera or anything it was something that went to court. It did go to court and my husband was fined (quite a lot given the offence, but that's another story!) the amount was much more than we could afford to pay there and then.

Anyway, we made attempts to pay the fine in installments which we were told we couldn't do... We then moved house and other such things and unfortunately this got lost/ overlooked on our part.

Now 2 months ago we had a letter land on the doorstep from the Marston Group saying that the fine had been chased (possibly at our old address, although we've not had anything to say this) & that the fine was now due in full & that an extra £100.00 had been added to the account for costs!

After receiving this my husband called and attempted to make a payment plan, which they said was not possible as the debt was too old.

Dispite this my husband has called them and made 2 seperate payments on their automated line within the last 2 months.

However, this morning I got up as usual and noticed that there was a letter through the door... From a Baliff of the Marston Group. This basically states that they intend to seize good by way of payment of the debt plus an additional £200.00 in costs! :eek:

Following receipt of the letter my husband called them straight up (the baliff direct) to explain the situation and that we'd made 2 seperate payments within the last 2 months. His response was basically that it's tough and they can't do anything... He requires payment in full within the next 48 hours.

Obviously we do not have that kind of money lying around, otherwise we'd have paid the fine all together. We have both been co-operative with them and tried to pay the debt as best we could. Yes, the debt was overlooked when we moved etc which is our fault but since their initial letter we've been doing our best to get this paid as soon as possible.

I just don't know where we stand & whether they are legally able to do this? Please, someone in the know... Help!!!

CAB_Swansea_Bay_representative · 7 December 2012 at 11:55AM

Hi m3ech, thank you for your query regarding debt collection
A magistrates court fine is a priority debt and non-payment can ultimately lead to imprisonment and it is very difficult to deal with bailiffs who are collecting for these fines as they often have only a limited time in which to collect the fine which may have now elapsed. I would suggest you seek advice from a debt adviser asap. You can find your local Citizens Advice Bureau at www.citizensadvice.org.uk and make them aware of the situation as this is an emergency debt situation now. In the meantime I would suggest you complete a detailed income and expenditure making an offer of repayment to them and stating that you are not willfully non-paying the debt and keep making some payment each month towards the fine even if they will not accept the payment as this may prevent an arrest warrant being issued in the future. If you or your family have any disabilities or health problems I would suggest you get a medical report and send that also as you may be able to stop action on the grounds of vulnerability. For more information on bailiffs powers of entry and items they can take go to www.adviceguide.org.uk.
Hope this is of assistance.

harveybobbles · 9 December 2012 at 4:31PM

Bailiffs can't seize good or enter your property unless they have been thru the Courts and done a Walking Posession.

Moving on:

Offer them what you can afford each month. Not what they tell you to pay.

Only a Judge can request to see an Income and Expenditure form, but fill one out anyway.

If they refuse any payments - get them to write to you saying that they are refusing.

antrobus · 9 December 2012 at 5:26PM

harveybobbles wrote: »

Bailiffs can't seize good or enter your property unless they have been thru the Courts and done a Walking Posession.....

They have. This thread concerns a court fine not a civil debt. The baliffs concerned most certainly do have power of entry.

http://www.bailiffadviceonline.co.uk/magistrates_canthebailiff.htm

hethmar · 9 December 2012 at 5:27PM

If I could jump in please? They must be doing the rounds -Marstons that is. My son got a fine for his MOT being a day out of date - this was about 10 months ago and son fell out with us and we havent seen him for 9 months now.

Marstons kept ringing and we kept telling them he didnt live here. Se had a letter saying a Bailiff would be sent. I rang them and sent them a scan of our council tax to show we owned the property. I also told them to check electoral register and they would see only us on it. That was about 6 months ago.

Last week a HUGE man reeking of cannabis knocked on my door and asked for son, saying he was a bailiff from Marstons. I told him again son did not live here and we had had no contact for 9 months (heartbreakingly true - we refused to be guarantors for a flat for him and so he said he wanted no more to do with us). ANYWAYS, I told this chap I had spoken to his office months ago and told them all this and supplied them with proof of ownership. He asked to see a utility bill to show for our names. I got him this and he told me that the original fine of £60 was now £320.

I have no way of contacting son and of course, no forwarding address to have sent him the letter that arrived 6 months ago from Marstons.

Could you please tell me what you mean by them having only a limited time?

Debt Collection by Marston Group

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