urgent regarding marstons balif over took a payment..

magstar71

hi,

i got a call from a balif regarding a parking ticket, and subsequently did not get any previous warning or court letters etc until a baliff turned up for a £80 fine, a friend of ours kindly paid on his credit card for his fees etc on that day totaling £343.39

To my disgust, my friend phoned today 16th march to say apparently by mistake the sum of £984.85..WHAT?? we promptly phoned up marstons for an explanation, to which they were awfully brash and said it was a mistake and the amount was refunded on 9th March.

Guess what? after phoning up his credit card company, no refund has been made and after 3 phone calls in the past hour, it appears that my friend had to ask for a refund then (so they must have been lying ,and the marstons employee refused to give his name when asked and judt hung up.

I really need some advice on this because i am sure i can get the interest back on the £641.46 overpayment taken, but also we did not get a letter of apologie or any notification of this mistake, which i am sure should be legally bound?

Can i still apply to the court on this basis for a dispute ??

this is disgusting behaviour from such a big company, i feel for my friend who was just trying to help us out ..i feel really stressed and do not want to let it go.

please any advice would be welcomed!!!

thanks.

RAS

magstar

Even worse you really needed to issue an out of time declaration which could cancel the bailiff. Hold on.

magstar71

sorry what does this mean??

RAS

here is the advice that Herbie21 gave another op who had 16 parking tickets

PCN's had all gone to a previous address. Therefore it is VITAL that you file Out of Time late Statutory Declarations for EACH PCN. Once these are accepted, the local authority MUST BY LAW repay you the amount of the PCN' s and Newlyn wil have to refund you the bailiff fees.

Approx 45,000 such application are submitted EACH YEAR !!!

www.bailiffadviceonline.co.uk

I strongly recommend that you pm Herbie21 and given the situation, you may even want to ring her on the premium phone number. She is one of the best bailiff advisors.

RAS

magstar71 wrote: »

sorry what does this mean??

It means that if you had no notice of the court action re the parking fine, you can reverse the court case.

RAS

Read here http://www.hmcourts-service.gov.uk/cms/1043.htm

magstar71

Thank you, but is this too late as the baliff has been paid the £343.39 via the kindness of my friend, but actually took £984.85 BY MISTAKE..


This is the issue i need to address,,because there was no letter of apology, and this amount was not refunded on the date told..


thanks

RAS

Hi

You need to deal with both matters. Ultimately you should get both the overcharge and the 343.39 back.

Filling in the Out of time Statutory Declaration renders the entire process by which the money was demanded invalid. So the bailiff has to refund the whole lot. The SD cost is about £5-10 for swearing.

Please pm Herbie21 as suggested as she will know how to get marstons to reimburse your friend ASAP. In fact when they find she is involved they will probably do it immediately. She has a reputation and bailiff tend to jump when she says.

DarkConvict

Herbie runs this website to, but it does cost 60p a min to ring her if you need her urgently. http://www.bailiffadviceonline.co.uk/

DVardysShadow

magstar71 wrote: »

Thank you, but is this too late as the baliff has been paid the £343.39 via the kindness of my friend, but actually took £984.85 BY MISTAKE..


This is the issue i need to address,,because there was no letter of apology, and this amount was not refunded on the date told..


thanks

Your friend has the strongest position to put this right. Put simply, the friend authorised £343.39 [and not a penny more]. Your friend can and should dispute this with his credit card provider, which will be the simplest means of putting this right. Friend should act quickly. It is a pain that the friend has to do this, but they have the standing with the CC company to make the complaint.