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marston balliff

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  • marston balliff

    I am sorry if i use the wrong kind of grammer etc,i just saw this site and thought i would ask for some advice,back in september time i recieved a fine for having no seat belt on (my own fault,im quite short so i did tend to do this when reverse parking)i now know im not allowed,however i incurred a fine to which when phoning the court i asked for a form to send in my bank details which i then recieved a direct debit mandate some 3 weeks later i filled it in and as i could see a payment going out of my bank at £5 to intercredit thought that was my fine taken care of.(im the only worker in my house i do 16 hrs a week my husband is waiting a hip operation and we have 4 children.)which is why i asked to pay weekly.
    Then on the 23/3/10 at 8.40 in the morning as i was about to take my 5 year old to school a balliff from marston turned up,i was confident that it was paid so i told him the company amount and said i would get my bank proof,well to cut a long story short i had paid the wrong bill (my fault entirely)he told me he was sent by the court and i had 2 days to pay him 365.00 or he would have to take my car,i explained it wasnt in my name it is my husbands he said he would need to come and take goods from our home,at which i promptly burst into tears at the humiliation of all this going on in front of neighbours and my children,i he said i would have recieved a letter from the court telling me it was being past over to marston i explained i had not,he said well he was coming back thursday to collect the money or the car.
    After he left and i took my children to school came home and phoned the court who said the original debt was £60 with their cost takes it to £90 they are expecting a £90 payment i then offered to take £90 straight to them they said as it had gone to marstons i had to deal with them now,i explained i had not been informed it had not been paid and that there was no warning of balliff,and was told you should have recieved a letter,i replied i had'nt and was told well you should have ,then the lady put the phone down.
    I then phoned the balliff explained about the £90 owed to the bank and again told him i had no way of getting £365,he said there was nothing he could do about it but would be back the next day for payment.
    I had to lend money from family,use my phone bill money (i have now been cut off because of this) and my shopping money only to find i was £20 short,i phoned him in tears explaining my situation,he said he would pick up the 345 the next day as planned and would be back the day after for the other £20,i told him i had no way of getting it he replied "the car is not your possession until the final £20 is paid and that it would remain the possession of the court until it is paid.i then had to sell my wedding ring to pay the £15,i was £5 short he said he would let me off the other £5.
    Please let me state the balliff was in no way nasty more matter of fact,but still insisted i should have been informed,even said thank you for getting the payment together!
    I am sorry i have dragged this on but this is the part i wanted advice on

    The balliff first came to my home 23rd march 2010 informing me of debt and telling me i had 2 days to pay.
    The balliff then returned on the 25th march 2010 for payment.
    I then recieved a letter from southend court dated 26th march 2010 informing me as i had not made continued payments my account would now be passed on to Marston Balliff to collect and they would be forwarding my first payment of £5 to the company.

    How can the balliff legally arrive 3 days before the warning letter comes to my home,is there anything i can do about this or someone to complain to (i did phone the balliff up and he said theres nothing he can do about it,so not only did i lose my wedding ring,my house phone and put myself in further debt to my family i lost my dignity in front of my neighbours
    Last edited by cordysgirl; 10th May 2010, 18:04:PM.

  • #2
    Re: marston balliff

    Good evening,

    Sounds to me like a total and complete breach of your rights under the Human Rights Act - you need a good solicitor, and in view of your financial position, Legal Aid should not be a problem - get yourself off to the loacl Citizens Advice bureau and don't leave until you get the details of a good Solicitor and an appointment to see them.

    With our assistance you should get your money back - although it will take time!

    Best wishes

    Dougal

    Comment


    • #3
      Re: marston balliff

      thank you for answering me i was wondering if maybe i was over reacting as it was my fault i got the fine in the first place i will try to get legal aid,thanks again

      Comment


      • #4
        Re: marston balliff

        Your in the best place for good advice and support. I am in the process of trying to get illegal fees back from Marston, they are a law unto themselves and seem to just make it up as they go along. Have a read of the Bailiff Guide, it will give you some useful information and explain you rights......very best of luck.....the more of us that challenge these people the better.

        Comment


        • #5
          Re: marston balliff

          You do not need a solicitor for this.

          You should send Marston a Subject Access Request - use this one and edit to suit Bailiff - SAR - Legal Beagles Consumer Forum

          As this is a magistrate fine it changes things slightly. There is no national set scale you can look at to check fees. Local courts have their own agreements with individual bailiff firms.

          However, I believe the fees are capped at £200. Marston are permitted to charge you £50 for administration/first letter, followed by £100 attendance fee. So, given the figures you have been charged, I believe a Subject Access Request is the correct way to go in the first instance.

          Comment

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