Marston Bailiff at the door

speedyturtle

This is what happened today
http://www.youtube.com/watch?v=NWH6QCXMk1E


Hello guys,
i was wondering if any of you could help me please.

I got a £90 court fine from last year,
i went to court and said i cant pay any fine as i wasnt claiming any benefits and i had no income and their reply to this was that you are liable to get benefits
and it doesnt matter so u claim benefits and pay the fine.

I asked the court that i need time so i can start paying the fine which was £5 a week and was suppose to start from the 1st of november
and cause my benefits werent sorted out till that time

i called them to give me one more month where i can start paying from the 1st of december,
the lady i spoke to was really nice and said that she will also send me a card from which i can pay into post office.

i paid £20 in december and £20 in january and than due to change of circumstances
where i could put my name in the benefits as well our benefits were stopped at the end of january with our tax credits and housing benefits were put on hold as i was added in the benfit system.

I kept on checking my account online so as soon as i get the back dated payment i could pay the fine off.

On the 10th of february i checked my account online and as i got my first payment from tax credit(backdated) i thought ill just pay it off

i went to post office and paid the rest of my fine £50 thinking that its all been paid off.

Now i come home to find a leter from marston asking for £50 + £85(marston fees).

Now i paid the dec and jan fine £40 over the internet with card but i paid the last £50 in cash at post office.

I am actually a carer for my disabled son who is getting DLA and wife is is suffering from depression and is actually on medicine and seeing psychologist as well.

Can someone please help me with as i could not pay them the money cause of genuine circumstances and can provide the court or the manager with all the details.

I just feel that it is wrong that the court didnt even sent me a letter telling me that i am behind with the payment or to contact them to make any arrangements.

Any help in this case would be greatly appreciated.
Thanks

speedyturtle

These are the letters sent to the court.

On 13th of february.

I got a £90 court fine from last year, when went to court and said i cant pay any fine as i wasnt claiming any benefits and i had no income. The judeges were really understanding and said that they would give me time and if i still have a problem to call the number and make arrangements incase i cant pay fine on time.
I asked the court that i need time so i can start paying the fine which was £5 a week and was suppose to start from the 1st of november and cause my benefits werent sorted out till that time i called them to give me one more month where i can start paying from the 1st of december. The lady i spoke to was really nice and said that i would have to start paying my fine from 31st of november and she will also send me a card from which i can pay into post office.
I paid £20 in december and £20 in january over the internet and than due to change of circumstances where i could get my name in the benefits as well our benefits were stopped at the end of january with our tax credits and housing benefits put on hold as we had to make new application for income support, tax credit and housing.
I kept on checking my account online so as soon as i get the back dated payment i could pay the fine off. On the 10th of february i checked my account online and as i got my first payment from tax credit, i thought i will just pay the rest of my fine off and as the hmrc website had some issues i went to post office and paid the rest of my fine £50 thinking that its all been paid off.
Now today on 13th of february i got a letter at home from marston asking for £50(fine) + £85(marston fees) where i have already paid the fine in full and i did not receive any further steps notice otherwise i would have called the court to make arrangement to pay as i did before. I would be really thankful if anyone could speak to marston and let them know that i have paid my fine in full, thanks. I am actually a carer for my disabled son and wife is is suffering from depression and is actually on medicine for depression and seeing psychologist as well.
In the end i would like to request if someone can please help me with this as i could not pay the money cause of genuine circumstances and can provide the court or the manager with all the details and if the court wants they can check it with tax credits that the first payment i got from them was on the 10th of february and our housing benefits are still stopped as we are waiting for them to process our application.
I just feel if the court even sent me a letter telling me that i am behind with the payment or to contact them to make any arrangements it wouldnt have come to this so if someone can help me sort this out.
You sincerely



Again on 13th of february

Formal Complaint
I write on the understanding the fine has been passed to bailiffs.
However I further understand that the fines officer did not comply with court rules namely Paragraph 37 of Section 97 of the Courts Act 2003 which requires a further steps notice be sent to me before issuing a warrant for distress to bailiffs.
Complaint resolution
1. Confirm in writing the court service has complied with the above.
2. Return the account back to court administration
3. Cancel the warrant for distress
If you are unable or unwilling to comply with the above, please clearly mark your response letter with the words FINAL RESOLUTION and I will return the complaint to the Parliamentary Ombudsman.
Yours Sincerely



22nd of february

Dear Sir,
I write on the understanding that the fine has been paid to the court in full. I have already sent two emails to the court manager dated 13/02/12 and 14/02/12 asking for the clearification why Marstons were instructed, but have yet to receive any replies. I understand that the court manager has a duty to explain what has happened and why Marstons were instructed when I had already paid my fine in full.
To my understanding and according to the official advice available in Leaflet EX345, page 5 states the bailiffs cannot charge you any more than the total of the fine.
I understand the enforcement officer works under a contract with Court, but there is no clause in that contract enabling the contractor to recover more than the amount I have been fined.
I understand the legislation that provides for the issue of a warrant of distress, does not provide for anyone to increase the amount I have been fined. It says I must pay the amount I have been adjudged to pay.
To my further understanding for distress (selling your goods) the bailiff is only paid for the work he has done. If he does not do that work then he commits an offence of fraud: - The House of Lords 20 April 2007:
"The Minister of State, Home Office (Baroness Scotland of Asthal): A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud."

Furthermore I would also like to ask the court for a copy of the Distress Warrant showing the amount I had adjudged to pay. That, to the best of my understanding, is the only amount I was liable to have paid.
I would also like to bring to the attention of the court manager that I fall in the category of potentially vulnerable who is currently unemployed and a carer for my disabled son.

Yours Sincerely

newbutold

I have no advise. However having listened to most of your recording I really think your wife (?) did not help matters.

I don't think they can come in and seize your goods without first having gained access to do an inventory of your goods.

give_them_FA

So what you are saying, in brief, is that you had already paid the fine in full prior to Marston leeches trying to collect it? If so there was nothing to collect and they are not entitled to their charges as they did not collect the money.

You need to liaise with the court but in the meantime ensure that under no circumstances do you allow the bailiff entry to your property. He has NO right to enter by force but may try to trick his way in. Keep all doors and windows locked shut.

HappyMJ

Next time don't even bother talking to them....If they don't get an answer at the door they'll soon leave.

speedyturtle

One more thing is that i looked at the receipt and i paid the fine on the 10th of February rather than 14th(my son's birthday).

https://forms.direct.gov.uk/forms/form/277/en/community_legal_advice-call_back_service

I went on the website at around 11am and requested for a call back at 2pm and they were on time to call me, first a lady took my details and than passed me to adviser and she said that as the fine was paid in full, the bailiff cannot levy on anything as he is only got his fees to recover and she said the bailiff should have never visited me asking for his extra £215 as he visited me to collect his fee so that £215 is invalid. She said that we might have to pay £85 to marston for sending the letter but when i mentioned that i have got a disable son and i receive carers allowance, she said that i fall in the vulnerable category. The lady from law centre also tried calling the court to take the fine back but there computers were down so they could not help and than she called marston on my behalf and explained that the case should be handed back to court as i fall in vulnerable category.
Now this is what i could not understand as i was listening to this conversation between the law centre and marston. Now i paid the rest of my fine on the 10th of february and the lady at marston said that my case went back to court on the 13th and was returned back to marston within two hours.
All i can understand is that the court received the fine in full but what was the reason that they sent it back to marston? is there some funny business going on or is it just me?

newbutold

speedyturtle wrote: »

One more thing is that i looked at the receipt and i paid the fine on the 10th of February rather than 14th(my son's birthday).

Now this is what i could not understand as i was listening to this conversation between the law centre and marston. Now i paid the rest of my fine on the 10th of february and the lady at marston said that my case went back to court on the 13th and was returned back to marston within two hours.
All i can understand is that the court received the fine in full but what was the reason that they sent it back to marston? is there some funny business going on or is it just me?

Didn't you say you paid at the post office? If so it is possible that even though you paid on 10th, the court didn't receive the payment till after 13th. Similar to when you pay a bill at the bank, the bill normally says something like allow 4 working days in the payment instructions.

speedyturtle

newbutold wrote: »

Didn't you say you paid at the post office? If so it is possible that even though you paid on 10th, the court didn't receive the payment till after 13th. Similar to when you pay a bill at the bank, the bill normally says something like allow 4 working days in the payment instructions.

Yes i can agree that it might take few days for them to receive payment and 3 days seems enough time for the court to receive payment and know that the fine is paid in full but what i cant understand is that they took the account back from the bailiff and it was returned to court meaning that all the bailiff fees would have dropped down but who was the person who sent it back to the court and what was there reason to send it back to bailiff when they can actually see on the system that the fine is paid in full.

vax2002

Using the statement" I understand " with people speaking legalese is not a very wise move, you effectively agree to understand any contract read out to you.

vax2002

I will come with a locksmith ?
Rubbish, until the bailiff is invited over the barr he has no power other than abuse of power, a locked door is refusal of entry and only a separate entry warrant can be used to open the door and these are very rare unless applied for by utility companies.
Bloke is talking out of his backside.
All threats !

newbutold

speedyturtle wrote: »

Yes i can agree that it might take few days for them to receive payment and 3 days seems enough time for the court to receive payment and know that the fine is paid in full but what i cant understand is that they took the account back from the bailiff and it was returned to court meaning that all the bailiff fees would have dropped down but who was the person who sent it back to the court and what was there reason to send it back to bailiff when they can actually see on the system that the fine is paid in full.

I know to you 3 days seems ample time, but take it from me, someone who has always worked in finance departments, 3 days really may not off been enough time for the payment to have registered on the courts system. Hence why it got sent back to the bailiff.

I think the main thing now is to make sure all action is stopped, so that you do not incurr any more bailiff visits which will cost more on top of the current £85.