Marston Group Charges

[realbazaar]

Hope this makes sense and I can get some advice.

I did not pay a speeding fine, which, I admit was my own fault. This was eventually sent to Marstons with a distress Warrant being issued. In November I had a hand delivered visit demanding payment for the court fine of £110 and Marston charges of £275. The distress Warrant was not left or shown. Only my son was at home and he gave them my phone number.
Having the view "why should we line the pockets of bullies", I paid the £110 direct to the court and told Marston I will not be paying them any charges. The court have confirmed the debt to them is clear and advised me Marstons are entitled to their charges. They also said it was for me and Marstons to sort out.
The problem I have now is Marstons are getting heavy with demands for their money. I have untill the end of February to pay the £285 charges or in their words "get a visit by three big, hairy blokes and two police officers, with a seizure notice to recover goods and an additional £160 charge".

My questions are
1. Can bailiffs seize goods for charges when the original debt has been paid? Are the charges part of the Distress Warrant or once the debt has been paid is the Bailiffs claim a civil matter.

2. I have never seen the Distress Warrant only been told about it over the phone. I believe it was issued on November 16th, so is it still valid?

3. How do I proceed? If it's the law then i'll somehow pay, as I don't want the heavies and police knocking on my door. But if it's not the law how can I stop this as I shouldn't have to pay charges? or should I just pay up and then try and claim the money back.

Thanks in advance.

[taffy65]

Re: Marston Group Charges

hi i read somewhere on a CAB site that if the magistrates fine has been paid in full but not the bailiff charges the bailiffs no longer have a power of entry to take goods.

[realbazaar]

Re: Marston Group Charges

Thanks for that. I'll investigate and update the post. Anybody else got advice/

[Amy]

Re: Marston Group Charges

This thread is along similar lines, have a read Philips - Legal Beagles Consumer Forum

[taffy65]

Re: Marston Group Charges

hi, i have this little gem that states if the fines have been paid bailiffs ahave no rifht to charge their fees because no goods have been levied .this i found on a government document. will go and get my son to cut and paste it for u.
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Originally Posted by tomtubby

A valid stat dec will cancel the fine and the bailiff charges of £225.
It makes no difference whether or not a stat dec is filed.

The law does not provide for bailiffs to charge ANY fees unless goods have been transported in a van.

This is the official advice on bailiffs fees and court fines. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts. It says …are not allowed to charge you more than the amount you are fined, however, additional costs fro removing and selling goods may be added to the amount you owe.

This literally means, if no goods have been moved by a bailiff then the only amount is the outstanding fine, and if a bailiff tries to tell you otherwise then he commits an arrestable offence under Section 2 of the Fraud Act 2006.

This letter clears up the fees problem.



The Bailiff firm
Their Address 1
Their Address 2
Their Address 3
Postcode

BY POST AND BY EMAIL

DATE

Dear Sir/Madam

Re: [YOUR NAME + REF]: Your fees.

I write following visits by your bailiff, however looking at your documents and seeking advice there appears to an irregularity with your fees. I now ask you to provide the following within seven (7) days:

1) Written confirmation of your fees

2) Written confirmation of the original debt

3) The name and address of the organisation that instructed you

4) Truthfully confirm in writing that your fees are lawful and comply with legislation or b) refund me the unlawful fees plus reasonable compensation for being cheated by your bailiff with his fees by midday the seventh day from the date of this letter.

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. If no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically make a criminal complaint to Police under the 2006 Fraud Act and the Proceeds of Crime Act. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

This is a letter before action and is not a request to access any personal data about me in the meaning of the Data Protection Act 1998. It is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

Yours Sincerely


YOUR NAME
Copied to: [NAME OF MAGISTRATES COURT ATTN: THE COURT MANAGER]