Marston Demanding full payment by morning.

[Jenamy]

Hi, I have read through some of the posts regarding Marston already on here, but I can not figure it all out!
I have a court fine for £115 which I had no idea about until end Jan. By which time I also received a letter from Marston. ( My post has been very delayed since december). I put it aside to deal with and stupidly it went out of my head. This morning I had someone at the door. He demanded full payment of £415 by 5pm today. I told him I had no money and he has told me he would be back with a van and take goods. Now I don't own the house my partner does and nothing actually belongs to me within the house. both cars also belong to my partner, His is for work as he has to drive to different patients and the other is for me to take children to school which is 7miles away. He said he can take stuff anyway and he can get in to take it.
I asked if there was anyway I could have until 28th (payday) and he said he can give me until tomorrow 5pm but that he has a warrent from the court that they want executed today! I can get £215 by the morning but that is all and he still says that is not enough??
i rang the court fines office and the lady was lovely but told me I had to deal with Marston from now, but that they are not allowed to just take my things. She gave me the head office number but I not tried yet as I not sure what to do.
Do i pay the money in the morning and hope they agree to wait til 28th for remaining £200?? The guy that knocked was alright and just said pay tomorrow and then I'll see what we can do but I don't really trust that!
So ...
1) can they enter without permission?
2) Can they take anything that is not mine? (he reckoned that as I been living with my partner it is communal stuff? My partner would NOT agree!
3) can they demand for full amount in such a short period when it is their fees that is causing hardship?

Thank you for any help. Jen x

[ploddertom]

Re: Marston Demanding full payment by morning.

Do you know what it is in relation to? Do you know which Court it is with? If you know nothing about it you should contact the Court and make them aware you have no knowledge. When was the last time you moved?

[Jenamy]

Re: Marston Demanding full payment by morning.

It was a tv licence fine. I filled in court forms etc but it went to court (basildon/southend) just before christmas and it all went totally out of my head. I spoke to the office earlier and she told me dates they sent out letters but I only received the one dated 29th december which i got end jan! it was the fine enforcement office i spoke with as that is the only info i have. I moved three years ago.

[ploddertom]

Re: Marston Demanding full payment by morning.

Was the letter you got from the Court advising what the fine was? have you received a Further Steps Notice from the Court prior to the Bailiff, this is a legal requirement and asks you bring your account up to date or they will enforce it using some of the suggestions enclosed?

[Jenamy]

Re: Marston Demanding full payment by morning.

the further steps was the one letter i received. I got it end Jan but was stupid enough to put it away and totally forgot about it.

[ploddertom]

Re: Marston Demanding full payment by morning.

In that case you do have a problem unfortunately.

Their is an agreement between the Enforcement Co's & HMCTS to charge an Admin Fee of £85 & a Visit Fee of £215 to the monies outstanding. As yet it has never been proven on way or the other that you actually have to pay them. Court fines unfortunately do carry the power of forced entry but this is supposed to be for the more persistent offender who treats this as a joke. What the Bailiff will fail to tell you is that the Court must be paid first and he only gets paid at the end of the process. He may also fail to tell you that there is an agreement with HMCTS where this can be paid off over a 6 month period, they don't like you to know this as I said previously he does not get paid until the end.

[Jenamy]

Re: Marston Demanding full payment by morning.

Thanks, I wasn't questioning paying, as I spoke with fines officer and she was great, more the time scale, i have £215 for them in morn which is the fine plus £100 so basically I can tell them to wait til 28th for rest? It a week and a day to wait! Hardly forever, plus there really is nothing of value in my house, especially for auctioning.

[ploddertom]

Re: Marston Demanding full payment by morning.

Whatever happens do NOT allow him into your home voluntarily, this will only rack the charges up. I note you say everything belongs to your OH, can they provide proof of same? If not it maybe an idea for them to swear a Statutory Declaration as to ownership, this can be done at most Solicitors without an appointment, cost approx £10 - a copy could then be handed to the Bailiff or even sent to Marstons. The Warrant he has lasts for 180 days but hopefully you will be all sorted before then.

[bluebottle]

Re: Marston Demanding full payment by morning.

Were you present in the court when the fine was imposed and were your means examined by the court? If not, the court and Marstons may have a problem. There has recently been a Judicial Review regarding the imposition of fines, examination of a defendant's means and the period over which they pay the fine.

From what you have said, it sounds like the magistrates court and Marstons may fall foul of the JR as the basic thrust of the JR is that fines cannot be imposed and enforced without the court first examining the defendant's means. It also says that a defendant must be given sufficient time to pay within their means, but no more than three years from the date the fine was imposed.

[bizzybob]

Re: Marston Demanding full payment by morning.

Were you present in the court when the fine was imposed and were your means examined by the court? If not, the court and Marstons may have a problem. There has recently been a Judicial Review regarding the imposition of fines, examination of a defendant's means and the period over which they pay the fine.

From what you have said, it sounds like the magistrates court and Marstons may fall foul of the JR as the basic thrust of the JR is that fines cannot be imposed and enforced without the court first examining the defendant's means. It also says that a defendant must be given sufficient time to pay within their means, but no more than three years from the date the fine was imposed.

In which case the way TVL aka Crapita push a job lot of TV licence summons, through like council liability Orders may fall foul of this judgment calling the whole prosecution for TV licence evasion into question, many defendants being found guilty and fined in their absence like a speeding ticket.

[bluebottle]

Re: Marston Demanding full payment by morning.

In which case the way TVL aka Crapita push a job lot of TV licence summons, through like council liability Orders may fall foul of this judgment calling the whole prosecution for TV licence evasion into question, many defendants being found guilty and fined in their absence like a speeding ticket.

Don't be surprised if Capita's habit of cocking things up comes back to haunt them. Trouble is, it's likely to come back and haunt the taxpayer who, all too often, has to indemnify these numpties against litigation. It's time to kick the politicians in the gonads and remind them that they are the servants of the electorate, not its master, and the electorate will no longer indemnify incompetent private-sector companies from legal action. If they mess up, they pay their own legal costs and compensation.

[labman]

Re: Marston Demanding full payment by morning.

Don't be surprised if Capita's habit of cocking things up comes back to haunt them. Trouble is, it's likely to come back and haunt the taxpayer who, all too often, has to indemnify these numpties against litigation. It's time to kick the politicians in the gonads and remind them that they are the servants of the electorate, not its master, and the electorate will no longer indemnify incompetent private-sector companies from legal action. If they mess up, they pay their own legal costs and compensation.

What did Martin Luther King say? "I have a dream......."

T'would be nice wouldn't it!

[bluebottle]

Re: Marston Demanding full payment by morning.

What did Martin Luther King say? "I have a dream......."

T'would be nice wouldn't it!

Never say never, Labman. Stranger things have happened. It is apathy that allows Capita to get away with what they do. Standing up to them and challenging them legitimately seems to scare them off or send them running to the nearest chemist shop.