Distress warrant marstons bailiffs

[Harrisonb]

Any advice on the following would be gratefully received!

I made late payment regarding a court fine and the court have now sent me a cheque refunding my last payment which had cleared the fine. Paid this on 10th July. Received a letter after I had made this payment from marstons demanding £175.00

100.00 was last (late) payment

75.00 costs from marstons. I can't now afford to pay them the full amount. I would have to wait til the cheque clears before I could pay this.

Can they send a payment back once they have accepted it?

If the bailiffs turn up the letter says that will cost me another £200.00

don't see what I can do as I've already paid the fine and until I cash the cheque then the court have been paid!

Didn't realise the gravity of making late payments, but bank charges from trying to make them made me not have the funds to make the subsequent payments so they became late.

Plead help!

[Amy]

Re: Distress warrant marstons bailiffs

Have you spoken to the court about this? I must admit I have never heard of a court refunding a payment, let alone a final payment.

[Harrisonb]

Re: Distress warrant marstons bailiffs

Yes I called them today to ask them to take the debt back.
They refused

I haven't cashed the cheque. I don't think I should but if I don't and the bailiff comes round I can't pay without it.
Looking at a PDF on fines from the national debt line it says the court MUST make an attachment of earnings order. Obviously this would be cheaper than engaging a bailiff.
Automated telephone payment system confirmed my payment had been accepted and gave a ref number. Now they say illegal for them to accept it, in my eyes then they have already broken that law if there is one as they have already accepted payment.

[Harrisonb]

Re: Distress warrant marstons bailiffs

May also be worth pointing out due to move out of this property in a week, not sure how advisable it is to just do one, not cash the cheque and wait until the debt is passed back to the court I believe that happens anyway after either 90 or 180 days. Could just try to dodge it?

[Amy]

Re: Distress warrant marstons bailiffs

Magistrate court fines are serious and should be treated as primary debts just like your mortgage or rent and your council tax.

If I were you I would write a letter complaining to the Clerk.

[Harrisonb]

Re: Distress warrant marstons bailiffs

ok will do, it seems I should have had a means hearing or had an attachment of. Earnings order first don't understand why this didn't happen. I put all the relevant info on the means form for the court, looks like they have ignored.

Also bailiffs letter says the wrong crime it says assault on a pc not resisting arrest. Is this a useful technicality at all as they haven't referred to my Case correctly?!

[Amy]

Re: Distress warrant marstons bailiffs

No, not really. If you need a means enquiry hearing, then ask for one, but in all honesty I would start with a complaint to the court because the cheque they returned to you would have cleared the debt.