Marstons chasing me

[metrovix]

Hi

Hope everyone is well and thank-you in advance to anyone who is able to help me.

Essentially what has happened is that I received two court fines for not having a ticket on the metrolink (stupidest decisions I ever made!) one was legitamate but the other I tried to contest and failed.

I had paid £75.00 off the fines but due to a combination of financial difficulty and moving out of my Mother and fathers I couldnt keep up the payments. Subsequently my case was passed to Marstons. Marstons are due to call and arrange a time to come round. Unfortunately due to this stupidity my partner has moved out of our flat together (true love hey?!)

I am not adverse to paying this off but simply cannot afford it. The total I now owe Marstons is £565 and I genuinely cant pay this unless over a few months.

What actually happens if I let them in? I know most of the time it says you shouldnt but what happens? The only things I have of value are a TV which is old and not especially big so would they just look to take that?

They mention that someone got locked up for 28 days for not paying but this is just a scare tactic (whilst I'm worried sick I'm not stupid!)

Marstons are due to call me today/tomorrow to arrange a visit. Whats the best thing I should say.

Obviously call me stupid but if they have this ludicrous £200.00 "attendance fee" then why would they not just turn up everyday to get a crazily higher figure for the firm?

On the basis I simply cannot pay would they take my TV and come back everyday? I just dont understand but I suppose its a good thing I've not been through this before!!

I look forward to hearing from you all (or someone!)

Regards

Jack

[gaylegirl233]

Re: Marstons chasing me

Hi Jack

I cant answer all your questions but dont let them in.
They cant force entry but as soon as you let them in they can take anything.
If you had something belonging to someone else they could also take that and its down to you to take them to court to prove it wasnt yours.
This was told to me by the police as the balifs were tryiong to come in re my sons unpaid parking fines and he didnt live with me any more

[CleverClogs]

Re: Marstons chasing me

Contact the fines officer at the court and try to get a sensible repayment plan established. Move your TV, mobile 'phone and anything/everything else of any value to a friend's house before the oaf calls from Marston's. If you have a motor-car or other vehicle, move that too.

Don't let him in. If he threatens to get the plods and/or a locksmith, tell him that he would need to return to court for that and that such an application would be defended.

Get appropriate legal advice, if only from your local CAB ---> link

[Guest]

Re: Marstons chasing me

I am not adverse to paying this off but simply cannot afford it. The total I now owe Marstons is £565 and I genuinely cant pay this unless over a few months.

Phone the magistrates court and ask how much you were fined shown on the Liability order. Deduct the amounts already paid and that is all you owe.

What actually happens if I let them in?

The bailiff will seize your goods, even if they are worthless, bailiffs only do it to clock up fees.

ost of the time it says you shouldnt but what happens?

You get an even bigger bill.

things I have of value are a TV which is old and not especially big so would they just look to take that?

They mention that someone got locked up for 28 days for not paying but this is just a scare tactic (whilst I'm worried sick I'm not stupid!)

You are only sent to prison for non payment of your fine. No defendant has ever been sent to prison for failing to pay bailiffs fees.

Marstons are due to call me today/tomorrow to arrange a visit. Whats the best thing I should say.

Nothing.

Obviously call me stupid but if they have this ludicrous £200.00 "attendance fee" then why would they not just turn up everyday to get a crazily higher figure for the firm?

They do it all the time, unless the bailiff has a costs order made against you there is no legal obligation on you to pay fees: The official Ministry of Justice advice is bailiffs cannot charge you fees or costs unless he has taken control of your goods. You need to should quote it if a bailiff tries to make you pay fees - http://hmctscourtfinder.justice.gov....ms/ex345_e.pdf On Page 5

On the basis I simply cannot pay would they take my TV and come back everyday? I just dont understand but I suppose its a good thing I've not been through this before!!

Your write to the court. (snipped). It might be a bit strong but CleverClogs on this forum can make it sweeter.

The Court Manager
[NAME OF] Magistrates’ Court
Address 1
Address 2
Address 3
Postcode

[DATE]

Dear Sir,

Re: [YOUR NAME + FINE REFERENCE] Formal Complaint

I received a document from [NAME OF BAILIFF COMPANY] which says I have an outstanding fine of [AMOUNT].

However the document indicated I am liable to pay bailiffs fees, and after seeking advice I now understand the warrant for distress was issued to [NAME OF BAILIFF COMPANY] under Section 76 of the Magistrates Courts Act 1980 only enabled [NAME OF BAILIFF COMPANY] to recover of sums I was adjudged to pay. There is no contract between us that enables [NAME OF BAILIFF COMPANY] to charge fees.

I also confirm no distress or sale of goods took place.

I am happy om pay the fine, but I am afraid I cannot accept your fees.

Yours Faithfully


[YOUR NAME]
End payment for the fine.

Make a photocopy of the cheque. The court administrator might refuse your payment, so keep the letter as evidence of your discharge. You pay the fine and make a record of it, but the court refunds it under its own free will then you cannot be committed to prison.

[metrovix]

Re: Marstons chasing me

Thank-you for everyones reply. Much appreciated. I'm going to contact the fines officer tomorrow then and hopefully come to a sensible conclusion. I still work so paying something off a month isnt an issue. Will they repeatedly knock on my door?

Honestly forgive my stupidity here but will Marstons just repeatedly knock on my door everyday- does anyone have any experience on them e.g. how often they call? Its my own fault I suppose its got this bad but what happens if the court just continually reject my request of setting up a deal to pay the fees?

Any further light that someone could shed of past experience would be great, cheers

Jack

[ahoogah]

Re: Marstons chasing me

Its unlikely they will knock the door very soon, they have a staffing problem at the moment and there is a shortage of people willing to train as Civil Enforcment Officers. Going round knocking doors and collecting unpaid fines is revolting work. Nobody wants to do it. That is why the companies are pulling the stops to get you to pay by phone and online and sending such threatening letters. They hope you will concede by the mere prospect of a visit by burly men in suits.

[CleverClogs]

Re: Marstons chasing me

Its unlikely they will knock the door very soon, they have a staffing problem at the moment and there is a shortage of people willing to train as Civil Enforcment Officers. Going round knocking doors and collecting unpaid fines is revolting work. Nobody wants to do it. That is why the companies are pulling the stops to get you to pay by phone and online and sending such threatening letters. They hope you will concede by the mere prospect of a visit by burly men in suits.

So why do the greedy oafs overcharge so egregiously?

[metrovix]

Re: Marstons chasing me

Thats inspiring to know theyre struggling but I will update everyone once I've spoken to the fine office tomorrow.

Still looking forward to anyone elses advices they have?

P.s. Egregiously is a superb word.

[bluebottle]

Re: Marstons chasing me

Marstons are sailing very close to the wind legally. It's very tempting to fire a warning shot across their bows. Any further threats from them and they could be receiving a visit from their local plods, if they can be arsed to do anything about it. Let us know if you get any further aggravation from Marstons.

[Guest]

Re: Marstons chasing me

If you are up for a laugh then this template sometimes gets interesting results. It gives the bailiff company something to think about.

[NAME OF POLICE AUTHORITY]
[ADDRESS]
[AND POSTCODE]

[DATE]

Dear sir,

REF: Reporting an offence under the Fraud Act

I received the enclosed documents on [DATE] from a company claiming to be enforcing payment of an unpaid fine intending to charge me unlawful costs of [TOTAL AMOUNT SHOWN ON THE DOCUMENT LESS THE FINE ITSELF].

I paid the company the sum of [AMOUNT OF FINE+AMOUNT FEE] and their representative, who would not give his name, said I was liable to pay his fees because of a contract exists between HMCTS and his company.

I now understand the warrant for distress was issued under Section 76 of the Magistrates Courts Act 1980 enables the recovery of the sum I am adjudged to pay.

Leaflet EX345, published by the Court Service says Page 5; they do not charge me for the work they do, and I confirm no distress or sale of goods took place.

In case it was a genuine error, I asked the sender to correct the demand, but they failed to do so and that confirms an offence an offence was committed under Section 40 of the Administration of Justice Act 1970 by pretending a costs order was made when it has not.

Section 2 of the Fraud Act defines a new general offence of fraud by false representation. Where a person dishonestly makes a false representation as to the true extend to his fee-charging authority and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss, that person will be committing an offence. This position was confirmed in the House of Lords on 20 April 2007, making this an arrestable offence under Section 24 of the Police and Criminal Evidence Act 1984.

I wish to make a written statement of complaint on a statement form, please telephone me on [NUMBER] to arrange an appointment for me to attend the station and I am happy to help you in your enquiries and stand as a prosecution witness at trial.

Yours Faithfully



[YOUR NAME]
Enc. Copy your letter and any reply from Magistrates Court.

If you do use it, please post the reply on this thread.


The eventual response from this template is commonly, the offence being reported does not meet the criteria for the case to be passed to the Crown Prosecution Service. As yet, that criterion is a mystery. It often gets individuals into a police station and interviewed under caution. That is just an act of appeasement to avoid police from being accused of committing an offence under Section 4 of the Criminal Law Act 1967 - assisting an offender to defraud.


You could speak to your MP and ask the Serious Fraud Office to intervene, they have specialists who are well set up to deal with large scale and complex frauds.

[metrovix]

Re: Marstons chasing me

Sadly I'm too nervous to even attempt a "laugh" but trust me I would LOVE TO! Trully horrible creatures. I cant see how it would ever happen but to think of these people chasing you're Grandparents/parents makes me livid at how they act. I'm 22 and they assume naive!

[bluebottle]

Re: Marstons chasing me

In order for the police to get involved in cases such as this, there has to be sufficient evidence to secure a conviction. In cases of Fraud by False Misrepresentation, the evidence required is laid down by the Crown Prosecution Service (CPS) in their Legal Guidance. This is what police forces work to when crimes are reported to them. There also has to be a 51% probability of securing a conviction in order for the CPS to proceed to prosecution.