Dealing with a distress warrant

p41nta

Hi Guys,

I have received a letter from Marstons Group regarding magistrate court fines.

I was fined for something in April 2010, and arranged to the fine by installments. So i wrote to Marstons explaining that I do not recognise the debt and that they cease action because I am disputing their claim. I have since found out that the court stopped taking the installments, and there is an amount outstanding of £242.

Marstons are asking for £542 of which obviously £300 is costs.

From what I can find out, their costs are made of an £85 'admin fee' and a £215 'van attendance fee' or words to that effect.

My question is, do I have to pay them anything on top of the fine? I don't want to pay a fee for a van attendance when they have done nothing of the sort, and can they attend my property with a locksmith and take what they want?

Any help gratefully received

spacey2012

Contact the court, file an appeal against the issue of the warrant on the grounds it was held in camera and you were not offered the opportunity to defend the issue or make address to it.

p41nta

spacey2012 wrote: »

Contact the court, file an appeal against the issue of the warrant on the grounds it was held in camera and you were not offered the opportunity to defend the issue or make address to it.

So I have grounds to complain on the basis that the court haven't notified me of a distress warrant being issued?

spacey2012

They should have notified in writing the payment had stopped and they should also have told you they were making an application for warrant.
Notwithstanding, that they know your actual and correct contact details.

maninthestreet

OP - did you actually pay the fine? All of it, not just some of it?

p41nta

maninthestreet wrote: »

OP - did you actually pay the fine? All of it, not just some of it?

it was being paid in monthly installments, but the last few weren't taken for some reason. I stupidly didn't notice it hadn't come out. But to be fair, I also didn't receive any letters, either about the money not being taken, or the distress warrant being issued.

p41nta

update

I paid the fine portion of the outstanding amount direct to the court, have a receipt.

Have received a letter from HMCTS saying that they have received my payment, it has been credited against my fine and notified Marstons who will deduct the amount paid from the amount outstanding on the warrant.

Now all that is left is their charges.

The letter from HMCTS says they are 'entitled to collect their fees associated with the execution of the warrant'. Does this mean that the court doesn't enforce the fees, only that marstons are allowed to collect them if they so wish?

bris

They are a collection agent for the courts so you will have to pay them their fees.

If you don't sort something out with them they will keep coming after you and every time they do the fees will pile on until your debt spirals out of control.

Because they are legally representing the courts their fees will already have been looked at and deemed fair so you are just adding to your problem by ignoring it.

p41nta

bris wrote: »

They are a collection agent for the courts so you will have to pay them their fees.

If you don't sort something out with them they will keep coming after you and every time they do the fees will pile on until your debt spirals out of control.

Because they are legally representing the courts their fees will already have been looked at and deemed fair so you are just adding to your problem by ignoring it.

Who says I have to? Marstons? HMCTS don't enforce the fees from what I can make out....

bris

Marston

We have supplied services to HMCTS since 1978 and currently receive over 550,000 cases per year as primary contractor for the Northwest, Southeast and the Southwest regions, and as first reserve contractor for the London, Midlands and Northeast regions.
Our services include the recovery of unpaid court fines through distress warrants, clamping orders and arrest warrants.

They will get their pound of flesh, one way or the other.
But you can just ignore it, maybe it will go away.

arcon5

Id take proper legal advice, otherwise you risk it well and truly coming back and biting you