Charges made by Marston - Refunded in Full

[sterow]

I had some dealings with Marston in January, they were enforcing a High Court Writ. After I had paid them in full I queried their fees and they sent me a breakdown of the fees applied. I have since read on another thread that they cannot charge for a van if they do not have walking possession. (this was a business premises-dont know if it makes a diference). They have charged me as follows:

Seizure £2
Mileage £46.72
Poundage £42.95
Possession £23
Valuation £111.81
Van Hire £400
Card Payment £16
Other £87
Vat £127.66

Total 857.14.
They never actually entered the premisies and I never saw anyone from Marston. Can they charge what they have ?
Any advice would be appreciated.

[Amy]

Re: Charges made by Marston

Most of these fees are charged as a percentage of what is owed - what was the amount owing?

[sterow]

Re: Charges made by Marston

The Judgement debt was £1334.91
Judgement costs £167

[sterow]

Re: Charges made by Marston

Does anyone know if the fees look right based on the amount of the debt ? Can they charge for a Van if they dont have Walking Possession ?

[Amy]

Re: Charges made by Marston

Have a read here, this should tell you everything you need to know http://www.opsi.gov.uk/si/si2004/20040400.htm

[sterow]

Re: Charges made by Marston

Thanks for the link. Still not sure if they can charge for a van without a walking possession order but I have faxed them a strong letter this evening. I will let you know what they say but I am not expecting miracles from them as I suspect they live in their own little world, where they make it up as they go along. Perhaps they have convinced themselves that what they charge is correct - who knows !

[Amy]

Re: Charges made by Marston

HCEOs normally insist on a walking possession being signed if you wish to pay in installments. However, you paid in full and so I assume you did not sign a walking possession order. A fee for a van would be the same as for other bailiff issues; reasonable and necessarily incurred costs. Van hire at a cost of £400 does not sound anywhere near reasonable.

You are right to query the fees. What, for example, is 'other'?

[sterow]

Re: Charges made by Marston

My thoughts exactly ! I did not sign anything, infact I never even saw anyone from Marston......I will post their reply as soon as I receive it. Thanks for your advice.

[sterow]

Re: Charges made by Marston

Help !! I am getting nowhere with Marston, they told me on the phone yesterday that they have no intention of responding to my request for a detailed breakdown of their fees and that I should get some legal advice if I dont agree.
I was going to send an SAR and pay the £10 fee but dont really want to wait another 40 days for their reply which would probably only be what they have already sent to me. Does anyone know how to go about getting their fees assessed by a judge ?
Could I follow this through myself or do I need a solicitor ?

Any help would be appreciated.

[Amy]

Re: Charges made by Marston

Send the SAR from the bailiff guide and make them work for you.

Don't worry about the 40 days, that is a maximum and the bailiff SAR we have is very specific, so if they do not answer you or do not answer you fully, write back and suggest they do as they have been requested to do or you will sue them.

[sterow]

Re: Charges made by Marston

Ok I will do that today and let you know how it goes, Thanks.

[sterow]

Re: Charges made by Marston

Quick update, now I have picked myself up off the floor !! I sent the SAR and Marston responded in full. I followed on from their reply with a complaint saying their fees were illegal and quoting the fraud act 2006, this was on Monday. I got a call from them today offering to refund their fees in full and apologising for their error. WOW
I have not accepted yet, I told them I would consider their offer and call them back. I am wondering If I should push them for a further payment for the distress and inconvenience or do you think I should be grateful for a refund of their fees? I just get the feeling they are now running scared. Any thoughts ??

[Amy]

Re: Charges made by Marston

Excellent, well done you, that is brilliant news xx

If you don't ask, you don't get...

[TUTTSI]

Re: Charges made by Marston

Fantastic - well done.

Go for it you can only ask.

Tuttsi

[sterow]

Re: Charges made by Marston

Thanks Amy, to be honest I would not have got this far without your help so credit to you too.
Total Refund £867.14 !!! Result x
------------------------------- merged -------------------------------
Thanks Tuttsi,

Decided not to ask for any more, some of their fees were valid and they have refunded me all the fees so I suppose I could consider that compensation ! I am still going to complain about the bailiff who attended though because he mis-represented his rights of entry and needs to know that he cant do that and get away with it.