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Marston bailiff excessive fees

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  • Marston bailiff excessive fees

    Hi just looking for advice on a current issue I have with a bailiff from marstons
    Last January supposedly I got a parking ticket, I didn't pay it as my car and licence is registered at my mums and I don't live there so for one reason or another didn't get any paperwork relating to this nor did I receive the original ticket on to my car.
    the next I new of this was in December when a bailiff left a note at my mums house stating that I owed £412! This was not itemised and I will happily share a photo of this letter. This is the only letter I ever received from marstons
    having had no recollection of this I did some digging, various phone calls later, I found that the parking fine had gone to court and had been increased to around £120.
    i spoke to the bailiff and he advised me that he had left the letter on the second visit although I do not believe he ever made the first visit as there is no evidence other than him stating this.
    I spoke to the bailiff on the phone and he advised me that these fees were correct and would not accept any payment plan, he wanted the £412 in full. I told him I didn't have that sort of money, I am currently on a debt management plan with stepchange, and he agreed that he would give me to the 31st January to find the funds.

    Using this to buy me some time I had a look on some forums to see what I should do next. As I was not living at my mums (and still do not) and did not receive the relevant paperwork relating to the charge I filed out of time witness testimony to the TEC which has last week been rejected. The first I heard of this was when the bailiff rang me and left a voicemail. I rang the bailiff back and he advised me that this had been rejected and that I now had to pay the amount in full. I asked him where his charges had been made up from, he said that £175 was an attendance fee and he couldn't remember the rest as he didn't have my file in front of him, utter bull**** how did he come upon my number!!!??? He also told me that at the original time he had made 3 visits, when I told him he originally said 2 he said it didn't matter whether it was 2, 3, 5 or 10 visits as the fees were capped at 3.

    It seems he is trying to extract the maximum amount of money from me without doing any work!!
    i asked him how could he charge me so much for an attendance fee when he hadn't made any sort of levy, been in the property or even spoken to anybody at the property, he said that only applied to council tax so I should go back and read my law books!! So here I am!! I really need some advice on he next step to take, I would happily pay the correct fees which I believe should be under £200 but I can neither afford or bear to part with any more than that.

    I have emailed marstons complaints email asking them to send me any information regarding the charges and fees, when they happened, how much etc but am awaiting a response from them!

    Anybody any ideas what I should do next?

    thanks

    James
    Tags: None

  • #2
    Re: Marston bailiff excessive fees

    Hi jwr86 - sorry can't help you with this but someone who can will be along shortly - meanwhile do look throught the Bailliffs section on this site - they are very good indeed!

    Comment


    • #3
      Re: Marston bailiff excessive fees

      To get you started, send Letter 1 from here:

      http://www.legalbeagles.info/forums/...Useful-Letters

      Once you get a reply, post up their charges and we'll see what is and is not allowed.

      Comment


      • #4
        Re: Marston bailiff excessive fees

        Originally posted by labman View Post
        To get you started, send Letter 1 from here:

        http://www.legalbeagles.info/forums/...Useful-Letters

        Once you get a reply, post up their charges and we'll see what is and is not allowed.
        Hi, thanks for the replies,
        I used that to draft an email to send to marstons so hopefully they will respond soon, would you send this in letter form also or do you think an email is sufficient?

        Comment


        • #5
          Re: Marston bailiff excessive fees

          email should be fine, but some like to send it Recorded Delivery in order to be able to prove receipt.

          Comment


          • #6
            Re: Marston bailiff excessive fees

            Hi
            So I have had the bailiff on the phone today after emailing marstons a couple of weeks ago and them not responding. This time though I recorded the call. I have asked him to outline the fees, which he did so here they are:
            Original fine £112
            Letter fee = £11.20+vat
            1st visit fee 10.12.12 = £34.50+vat
            2cnd visit fee 11.12.12 = £44.15+vat
            Transcribing this wasn't easy as he seems to throw a lot of figures out and also seems to be charging vat on the original fine on two occasions!
            There is then an attendance to remove fee also on the 11.12.12 I will transcribe how this was explained to me.


            Bailiff- "when we get on to our second visit we can then charge what we call an "ATR" cos we're then there to (stutter) and that's called an "attendance to remove" which is £175+vat, now, with manchester city council their fee structure is capped, so it's capped at £250+vat which is £300"


            So any ideas whether this is right or not!?? I have looked at the relevant legislation "the enforcement of road traffic debts" yet I can't see any attendance to remove fee there!!? And I thought they couldn't charge for multiple things on the same day? But I have him on recording stating that he has!
            I would like to point out that this man has never been in my home or my mums home I have never met him and have only ever dealt with him on the phone.


            Thanks

            Comment


            • #7
              Re: Marston bailiff excessive fees

              For my money he can only charge an ATR fee if he has a valid levy on goods, otherwise what is he Attending to Remove? Have you been left a Notice of Seizure?

              Comment


              • #8
                Re: Marston bailiff excessive fees

                Sounds like a case of TIO (Trying It On). Tell the Muppet from Marstons to take a hike.
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment


                • #9
                  Re: Marston bailiff excessive fees

                  Originally posted by ploddertom View Post
                  For my money he can only charge an ATR fee if he has a valid levy on goods, otherwise what is he Attending to Remove? Have you been left a Notice of Seizure?
                  Hi, thanks for replying, I've recieved nothing from the bailiff in writing other than one notice posted through the door claiming I owe £412!
                  Where do I go to complain? I had another look on the moj site and there is in the schedule of fees an ability to charge for attending to remove but no idea of how much this can be!!? And surely he can't charge an "attending" fee and "attending to remove" fee on the same day though I have him on recording stating that the 11/12/12 was the second visit so he can't deny it!
                  he seems very confident that he is going to get me and as much as I believe he is taking the mick it seems like everything is on the side of the bailiffs and I will have to pay!
                  I told him that I would be happy to pay the original debt and 2 attendance fees which I calculated to be under £200 but he is adamant I will pay the lot!!
                  any advice on how to go forward? I really appreciate this help!!
                  thanks

                  Comment


                  • #10
                    Re: Marston bailiff excessive fees

                    Sorry, anybody any suggestions for me?

                    Comment


                    • #11
                      Re: Marston bailiff excessive fees

                      Originally posted by jwr86 View Post
                      Anybody any ideas what I should do next?
                      You must inform the DVLA of your change of address, lest they decide to impose a further penalty.

                      Pay the parking penalty to the council (Manchester) and query with them how the bailiff company working for them imposes an Attendance To Remove fee when, not having a valid levy or walking possession agreement, there are no goods levied that he could remove.

                      Comment


                      • #12
                        Re: Marston bailiff excessive fees

                        The "enforcement of road traffic debts" is a bit hazy on this area, they say an ATR fee can be put on but they don't say when i.e. first visit, second visit, before levy or after levy and I think the bailiffs use this to their advantage. This ATR fee really does need some clarification as it seems it is regularly abused by money hungry bailiffs!!

                        Comment


                        • #13
                          Re: Marston bailiff excessive fees

                          How do I pay the parking ticket to the council at this stage? Surely they would just point me back in the direction of the bailiff?

                          Comment

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