Marstons Removal notice

[Jaynkren]

I woke up this mornin to find that a Mr Kellett from Marstons had called at my property tidy to collect £639 for an unpaid train ticket. I called the bailiff immediately to offer part payment and said that the earliest I could pay the rest would be Thursday. He said I had until midday otherwise he was coming back with the police and a locksmith to remove goods. I tried to call the office and they put me straight back to his mobile and he told me this was just wasting time and I should be trying to get the money. Is it worth me contacting the court to talk to them? The guy told me they would not speak to me about it but I am not sure if that is right. Please help.

[bluebottle]

Re: Marstons Removal notice

Firstly, is this a court fine? If so, could you answer the following questions, please?

1. Were you in court when the fine was imposed?
2. Were you means examined?
3. How much was the fine and costs?
4. Have you received a letter called a Further Steps Notice?
5. Have you received a letter from Marstons prior to the bailiff sending you a threat-o-gram?

If you could answer these questions, please, it should be easier to help you.

[Jaynkren]

Re: Marstons Removal notice

Firstly, is this a court fine? If so, could you answer the following questions, please?

1. Were you in court when the fine was imposed?
2. Were you means examined?
3. How much was the fine and costs?
4. Have you received a letter called a Further Steps Notice?
5. Have you received a letter from Marstons prior to the bailiff sending you a threat-o-gram?

If you could answer these questions, please, it should be easier to help you.

Thanks for the speedy reply

1. No
2. No
3. It was originally £20 for an unpaid train ticket when I was out of work and money was so tight I could not pay it. I forgot about it and it went upto £400. It was with a different collection agency then. I called them up and they would not accept a payment plan and the only possibility of getting one set up would be to wait until it goes back to court and try and set something up then. I was not aware it had been back to court.
4&5. I spoke to Marstons group this morning and they said that I had received a letter but if I had I cannot understand why I would not have called them to try and set something up.

Thanks

[bluebottle]

Re: Marstons Removal notice

Okay. A few more questions.

1. Who took your name and address at the time, the train operating company or British Transport Police?
2. Have you moved since the incident involving the train ticket?
3. You say there was a "different collection agency". Are you saying another bailiff company has tried to collect or a debt collection agency has been in contact with you?

The Further Steps Notice is sent by the court that imposes the fine, not Marstons. Also, the bailiff cannot force entry to your home without authorisation from the court. He will claim that the warrant allows him to, but he must seek authorisation from the court first as he has to show there is justification for forcing entry. Also, Marstons have "form" for obstructing and/or preventing people from paying fines and then claiming they are avoiding paying the fine.

It would help greatly if you could provide a timeline of events from the day of the train ticket incident.

However, it is important that you contact the court in view of the fact that you were unaware it had gone to court.

[Jaynkren]

Re: Marstons Removal notice

1. It was the train company that took my name and address
2. I haven't moved since the incident.
3. There was another company at first. Im not 100% sure who it was but I think it was Lowells.

He says that he has a removal warrant from the court and that he will be back at 6:30 tomorrow morning with the police and a locksmith to remove the goods and that it is now nothing to do with the courts as it has gone past that stage. I told him I could get the money but nott until thursday but he said this will be too late. I am a bit worried as I have to go to work in the morning and there will only be my wife and two young children in. Also it is a rented property so whilst the TV, clothes, computers etc are ours a lot of the stuff is owned by the homeowner.

I am currently at work so I do not know dates of letters etc with me. it was a quite a while ago it shouldve been paid and I know that I should have paid it long before now. At the time tho I was out of work due to an injury and as I was self employed when it happened I was not getting any help whilst looking for work I could do. ( Iwas a builder and did some serious damage to my foot leaving me unable to carry on with that line of work). My wife was at university fininshing a degree in teaching. We were told that the money my wife earnt working part time which was around £500 per month was enough for a family of four to live on ( our rent was £300 per month). So as you can imaginre there was quite a few things that I neglected during the period of over 1 year that I was out of work.

[Jaynkren]

Re: Marstons Removal notice

Hi,

I have just spoke to the court and they said that it is out of their hands.

They looked on the system for MArstons and it says that it was in court in June last year and that Marstons have sent me a letter in January. The fine is for £329 the other £325 is for the bailliff charge. What do you suggest I do next the guys I spoke to was not too confident about what to do as he says they have not had many dealings with Marstons and he is not legally trained.

Thanks

[bluebottle]

Re: Marstons Removal notice

Hi,

I have just spoke to the court and they said that it is out of their hands.

They looked on the system for MArstons and it says that it was in court in June last year and that Marstons have sent me a letter in January. The fine is for £329 the other £325 is for the bailliff charge. What do you suggest I do next the guys I spoke to was not too confident about what to do as he says they have not had many dealings with Marstons and he is not legally trained.

Thanks

The response you got from the court doesn't surprise me. A recent judicial review confirmed that a fine cannot be imposed or enforced unless a person's means have been examined. To the best of my knowledge and belief, there is no such thing as a Removal Warrant and I think you will find that this is the Marston bailiff trying to use intimidation as a means of extracting money from you. Also, the maximum fees they can charge for collecting court fines is £300.

What puzzles me is the involvement of Lowell, as they do not have any contract with HMCTS to collect court fines. Are you sure this was dealt with by the magistrates and not the county court? Also, I am sceptical of the sharp increase from £20 to £400.

[Jaynkren]

Re: Marstons Removal notice

Hi Sorry I made a mistake earlier on the company before was Phillips. The guy I spoke to said I should try CAB. Do you think this would help?

[bluebottle]

Re: Marstons Removal notice

A few more questions. Sorry, but I need to get this straight as it may need to be referred to HMCTS Enforcement Operations. Which court allegedly imposed the fine?

[Jaynkren]

Re: Marstons Removal notice

Doncaster Magistrates Court

[bluebottle]

Re: Marstons Removal notice

A few more questions -

1. I note you mention, in your initial post, that the bailiff said he would return at midday. Is that midday today, because it is now well past midday.
2. Have you spoken to the Area Enforcement Manager at Doncaster Magistrates Court about this? If not, do so today.
3. If you get no joy from the Area Enforcement Manager, do you wish this to be referred to HMCTS senior management? The reason I ask you this is because of the apparent failures to notify you of a court hearing, examine your means and send a Further Steps Notice. Failure to send a FSN, a legal requirement, means that any bailiff action may be potentially unlawful, if not, illegal.

[Jaynkren]

Re: Marstons Removal notice

1. I called him again to say I was struggling to pay it and he said he would be back in the morning with a locksmith.
2. When I called the court they said there was nobody there who could do anything. The person I was speaking to was in the fines department. would the Area enforcement manager be more help do you think?
3. Yes if you think they would be able to help.

I know I have to pay it and I am not arguing that even tho I think it is a bit harsh for a £4.20 train ticket. I just cant afford to pay cash straight up.

[bluebottle]

Re: Marstons Removal notice

Right. You need to speak to the Senior Enforcement Manager for North & West Yorkshire on 0113 307660. Do that straightaway. Failing that, an email may need to be sent to HMCTS Enforcement Operations (North) today.

[Jaynkren]

Re: Marstons Removal notice

That number does not work

[Jaynkren]

Re: Marstons Removal notice

I tried that number but it just says that it is not recognised