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bailiffs & charges

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  • bailiffs & charges

    Hi everybody, pressurised here again as you know this will be my first attempt at this but hopefully you will get my 'thread' and be able to offer some advice.
    My youngest son recently got into some trouble and ended up with a court fine for a crminal offence. The fine was for £700. Because he was, and still, is in a bad financial situation he was unable to pay the fine in full. It was agreed that he would pay the fine at a rate of £20 per fortnight. ( he was in fact paying £10 per week) He was not able to pay via a bank so had to rely on payment slips sent from HMCS. at one point there was delay in HMCS sending out the slips and so he missed 2 payments (3 weekly payments that is). When he got the payment slips he made a payment for the missing weeks. HMCS theen sent hioim a leter advising that his debt had been transferred to an enforcement company(bailiffs). They also stated they had forwarded the payment to them. He sent several more payments to HMCS and they again forwarded them onto the bailiffs.During this time he contacted HMCS to find out what was going on and they refused to talk to him, just stating they had issued a distress warrant for the outstanding amount owed. He then recieved a letter from the bailiffs (Marstons) demanding immediate payment of the debt. He contacted them in an effort to sort out a payment plan. Marstons refused to discuss anything other than payment in full.In meantiome thay had added fees to the debt and at the last count the original debt passed to them by HMCS has grown to £875. He had paid off some £125 or so of the fine. Marstons have added approx £300 for so far doing nothing. Now HMCS will not communicate at all with him and Marstons will only talk to him if he makes full payment of the debt.
    The situation is quite dire because my son is does have a very short fuse whiuch is not helping.
    Now I have explained all that I come to my question I am not a well off person I live on disability benefits my son lives with me although he is rarely here. i am concerend that Marstons may have the right to come and take goods etc but my son has nothing he lost most of his possession when he went bankrupt in 2006. everything in my house is mine but I doubt I'd be able to prove it. By using all my savings meagre as they are I could pay the debt just to get this situation out of the way so to speak. Before I take this action what I want to know is, how do I find out what part of the debt is actually the original fine and what part is Marstons 'charges'? because I want to understand why Marstone have added approx £300 and later if I can challenge them about their charges as I feel they are unreasonable seeing as they seemingly have done nothing to earn them.
    Help!

  • #2
    Re: bailiffs & charges

    Thread moved to Bailiff Section to get more help

    PKea

    Comment


    • #3
      Re: bailiffs & charges

      Who did you contact at the court? You need to ask for the Fines Officer if you have not already tried that.

      I would also send Marstons a Subject Access Request Bailiff - SAR - Legal Beagles

      Comment


      • #4
        Re: bailiffs & charges

        Thanks for advising me of the transfer of my query. I'm still learnig!!!:tinysmile_grin_t:

        Comment


        • #5
          Re: bailiffs & charges

          Originally posted by Amy View Post
          Who did you contact at the court? You need to ask for the Fines Officer if you have not already tried that.

          I would also send Marstons a Subject Access Request Bailiff - SAR - Legal Beagles
          My son has decided to pay the full amount thay are demanding and then do as you have suggested by sending Marstons a SAR. Would he stand any chance of retreiving what he, and I feel, are excessives charges?

          Comment


          • #6
            Re: bailiffs & charges

            In short, no - I wouldn't think you'll get anything back, but someone has to be first.

            Comment


            • #7
              Re: bailiffs & charges

              Originally posted by Amy View Post
              In short, no - I wouldn't think you'll get anything back, but someone has to be first.
              do you think then it would be better to send Marstons the SAR first and then challenge the 'charges'? does it work like that? It will take my son a wee while to get the full amount together. ( it will probably be me who pays!)

              With a 'Distress Warrant' what would happen if my son refused to pay? I know that the powers that be can remove goods etc to pay that way but what if the person owns nothing and could shortly lose his job and in other words cannot pay the distress warrant? Obviously I am hoping it will not come to this.

              Comment


              • #8
                Re: bailiffs & charges

                Originally posted by pressurised View Post
                do you think then it would be better to send Marstons the SAR first and then challenge the 'charges'? does it work like that? It will take my son a wee while to get the full amount together. ( it will probably be me who pays!)
                If it's going to take him some time to get the money, you may just as well send an SAR and see what they come back with.

                Originally posted by pressurised View Post
                With a 'Distress Warrant' what would happen if my son refused to pay?
                Well, he's been convicted of a criminal offence, so he could get arrested and jailed.

                Originally posted by pressurised View Post
                I know that the powers that be can remove goods etc to pay that way but what if the person owns nothing and could shortly lose his job and in other words cannot pay the distress warrant? Obviously I am hoping it will not come to this.
                That bridge will have to be crossed if and when you come to it, but he was paying before and he should continue to do so.

                Comment

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