Hello, help with Marstons please?

**Milo** · 7th March 2015, 09:07:AM

Re: Hello, help with Marstons please?

Originally posted by MummyP View Post

Hi, I'm new here but am hoping someone may have some advice and ideas on our next steps to take with the situation we are in. Bear with me, it's a long one.

So, Thursday morning (5/3/15) my husband went to go out to work and found a clamp on the car. He then looked and found a note shoved in the letterbox but it hadn't made it all the way through, stating that Marstons had clamped the car at 7am because he owes £640 to Hertfordshire (Hertfordshire is all it says in the box of who is owed!) but it does say in another box HMCTS no insurance. My husband called the bailiff as his mobile number was the only contact details on the paperwork, and he told him that he'd been caught on an anr camera in Hertfordshire in December and found to have no insurance, and at first was told there was no specifics just somewhere in Hertfordshire.

Firstly, we don't live in Hertfordshire and the car was most definitely not in Hertfordshire at all in December, and we can prove he was at work with it in Milton Keynes. Secondly, the car was insured, and still is insured, and we have the policy and direct debit payments to prove as such.

My husband had to go to work as he has taken time off at short notice lately, so he got a taxi (costing a tenner) and we were dealing with it over the phone back and forth.

Also, he didn't knock on our door when clamping the car. He put the clamp on and left. Another thing is that the car is worth £8k and the supposed debt was only £640. We have a logbook loan against the car as well that we have proof and evidence of. We had no prior warning about any of this, we hadn't received any letters, and there were no previous visits.

My husband spoke to the bailiff and said about my condition, I was happy to show him my pregnancy notes, as well as my ongoing health issues and the fact we have a child. And he also told him that we have the finance of the logbook loan secured against the car. The bailiff said none of that mattered, he owes this money and we either pay up or he takes the car. Thankfully we were put in touch with a lady on Facebook who knows about this sort of thing, and she advised us of what laws/regulations he was breaking and what he should or shouldn't have been doing. But this bailiff did not care in the slightest.

After a lot of phone calls back and forth and the bailiff insisting that he can basically do what he likes, the bailiff came back to the house (although there wasn't a tow truck in sight) my father in law went outside to speak to him, and managed to get from him the date it was supposedly caught on camera, and that it was in Stevenage. We know for a fact that day husband was at work, and they have fobs they have to scan when they enter and exit the building so can prove he was at work. My father in law asked to see the photo that was captured and was told that the bailiff doesn't have to prove anything. He said he would show him the insurance paperwork and bank statements proving the car was insured. Bailiff said that's nothing to do with him and has to be presented to the court. By this point had got extremely worked up into a real mess, and was in agony. To the point I was on the floor in a ball in tears and simply couldn't move. When my father in law pointed that out he said "anyone can pretend to be in pain to get out of things", and that sentence caused my father in law to get his credit card out and pay the £640 to get rid of him before he ended up on an assault charge.

Bailiff said that my illnesses and having a child doesn't come into the equation because my name is not on the paperwork anywhere, and he was not obliged to stay after putting the clamp on.

We sent him proof of the logbook loan and questioned him on everything he did, but he made it clear from the off that he was getting money or the car that day and there was no reason why he shouldn't.

We didn't want to pay him off because we know for a fact it isn't right, and we had prepared a stat dec with the help of this lovely lady on Facebook, and just needed it sworn by a solicitor, which wmy husband said to the bailiff, and was what he was going to get done when coming home early.

We want to know whether it's possible to get back all that was paid and not just the original fine for the crime (although we don't know how much that is, as the debt wasn't broken down on any of the paperwork), and also where we stand with regards to complaining about his behaviour etc, as when we found an office number for marstons and called them they were supportive of his actions. Apparently we were sent a letter on 23rd January this year advising us of the fine and their intentions to collect etc, but we didn't receive that letter and when that subject was raised we were told that's our problem not theirs.

Many thanks xx

Because of the length of your post I have tried to cut it down so that it deals with just the background, fine and outcome on the day. Your health and ongoing pregnancy can be read in full in your initial post.

I would tend not to take too much notice of the date in Hertfordshire that the car was detected by ANPR as only limited information would be outlined on the warrant of control for the bailiff to read.

If your husband's car had been detected by ANPR then he should have received a Summons from the police. This document would allow him to plead guilty or not guilty. As your husband appears to have insurance he should have pleaded not guilty an the case would then be set down for a hearing where evidence would have to be provided etc. If your husband would have pleaded guilty, then the summons requests that he complete a Means Enquiry Form (MC100).

From what you have written, it seems that your husband had not received the summons. If so, then in the absence of a 'plea' the matter would have progressed to the Magistrate Court and would have been dealt with in your husband's absence. The court would then have sent him a Notice of Fine/Collection Order outlining the amount of the fine, the court costs and victims surcharge. If payment is not forthcoming then your husband should have received a final document from the court called a Further Steps Notice. This document allows the arrears to be paid within 10 working days and warns that if the debt is not paid that a warrant would be issued.

After the Further Steps Notice expires, a warrant is issued and passed to Marston Group. By law they must send your husband a Notice of Enforcement giving 7 'clear days' to make payment or to outline a payment proposal.

Given that your husband is stating that he had not received any of the letters from the court and the letter from Marston's then it is usually always the case that documents had been incorrectly sent elsewhere. As the car was detected by CCTV then the police would approach DVLA for keeper details. Have you checked to see that the name and address on the V5c is correct?

You say that your husband has insurance. More importantly, he needs to check whether he had valid insurance on the day that his car was detected by CCTV. He would need the insurance certificate.

**Milo** · 7th March 2015, 09:23:AM

Re: Hello, help with Marstons please?

Originally posted by MummyP View Post

We didn't want to pay him off because we know for a fact it isn't right, and we had prepared a stat dec with the help of this lovely lady on Facebook, and just needed it sworn by a solicitor, which wmy husband said to the bailiff, and was what he was going to get done when coming home early. To which the bailiff responded that it would be too late for that now, as it takes 6 weeks for a stat dec to be actioned and by then the car will have been sold. And that was when he said he was coming with a tow truck before my husband had chance to get home.

We want to know whether it's possible to get back all that was paid and not just the original fine for the crime (although we don't know how much that is, as the debt wasn't broken down on any of the paperwork), and also where we stand with regards to complaining about his behaviour etc, as when we found an office number for marstons and called them they were supportive of his actions.

Again, because of the length of your post I have broken your query into two parts.

The bailiff could be correct about the Statutory Declaration taking time. Each court have their own way of dealing with statutory declarations. Without knowing further, it is difficult to know whether your stat dec has been posted to the court or whether your husband has made an appointment to attend court.

If the stat dec has been posted then he will receive a letter from the court asking him to attend a hearing where the case against him will be re-considered again. Naturally he will be required to provide evidence that he had insurance cover on the day in question.

He needs to check his V5c to see if it has the correct name and address.

A vehicle that is subject to a Log Book Loan is not automatically exempt from being taken into control. Each case must be looked at separately. For example, a car could be valued at £5,000 but the LGB is just £500. Therefore, there is £4,500 equity in the vehicle!!! The bailiff could take the car and sell it but before dividing the proceeds he must first discharge the LGB of £500. The balance could then be divided as per the legislation.

Hello, help with Marstons please?

Hello, help with Marstons please?

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