Marston Bailiff Letter for court fine which i already paid

[mohmmad786]

Hello guys,
i was wondering if any of you could help me please.

I got a £90 court fine from last year,
i went to court and said i cant pay any fine as i wasnt claiming any benefits and i had no income and their reply to this was that you are liable to get benefits
and it doesnt matter so u claim benefits and pay the fine.

I asked the court that i need time so i can start paying the fine which was £5 a week and was suppose to start from the 1st of november
and cause my benefits werent sorted out till that time

i called them to give me one more month where i can start paying from the 1st of december,
the lady i spoke to was really nice and said that she will also send me a card from which i can pay into post office.

i paid £20 in december and £20 in january and than due to change of circumstances
where i could put my name in the benefits as well our benefits were stopped at the end of january with our tax credits and housing benefits were put on hold as i was added in the benfit system.

I kept on checking my account online so as soon as i get the back dated payment i could pay the fine off.

On the 10th of february i checked my account online and as i got my first payment from tax credit(backdated) i thought ill just pay it off

i went to post office and paid the rest of my fine £50 thinking that its all been paid off.

Now i come home to find a leter from marston asking for £50 + £85(marston fees).

Now i paid the dec and jan fine £40 over the internet with card but i paid the last £50 in cash at post office.

I am actually a carer for my disabled son who is getting DLA and wife is is suffering from depression and is actually on medicine and seeing psychologist as well.

Can someone please help me with as i could not pay them the money cause of genuine circumstances and can provide the court or the manager with all the details.

I just feel that it is wrong that the court didnt even sent me a letter telling me that i am behind with the payment or to contact them to make any arrangements.

Any help in this case would be greatly appreciated.
Thanks

[bluebottle]

Re: Marston Bailiff Letter for court fine which i already paid

Hello Mohmmad and welcome to Legal Beagles.

The first thing you must do is to telephone the Court Manager and ask them to confirm if they have received all payments to clear your fine, giving them the necessary details. Under normal circumstances, that should sort it out. However, in your case, Marstons have, somehow, become involved. Press the Court Manager to explain why Marstons are involved.

Once you have done this, please come back onto this thread and we will see what help we can give you.

Bluebottle

[Guest]

Re: Marston Bailiff Letter for court fine which i already paid

Hello guys,
i was wondering if any of you could help me please.

Now i come home to find a leter from marston asking for £50 + £85(marston fees).


I am actually a carer for my disabled son who is getting DLA and wife is is suffering from depression and is actually on medicine and seeing psychologist as well.

You have several issues to raise. You are in a vulnerable household, and the court failed to comply with Part 9 of the Courts Act 2003 which requires Further Steps Notice before the fines officer excersises Section 76 of the Magistrates Courts Act 1980 and issues a warrant for distress to bailiffs.


The Ministry of Justice publishes a guide for bailiffs which recommends they cease enforcement action against you.The new National Standards for Enforcement Agents http://www.justice.gov.uk/downloads/...ent-agents.pdf See page 9: Vulnerable situations.


Zacchaeus 2000 is a charity supporting vulnerable households who may be able to help you and speak to the council on your behalf. http://z2k.org/our-work/free-help-advice/


For the moment, you need to make a Formal Complaint addressed to the court manager (not to the fines officer).

The Court Manager
[NAME OF] Magistrates’ Court
[ADDRESS1]
[POSTCODE]

[DATE]

Dear Sir,

Re: [YOUR NAME + FINE REFERENCE] Formal Complaint

I write on the understanding the fine has been passed to bailiffs.

However I further understand that the fines officer did not comply with court rules namely Paragraph 37 of Section 97 of the Courts Act 2003 which requires a further steps notice be sent to me before issuing a warrant for distress to bailiffs.

Complaint resolution

1. Confirm in writing the court service has complied with the above.

2. Return the account back to court administration

3. Cancel the warrant for distress

If you are unable or unwilling to comply with the above, please clearly mark your response letter with the words FINAL RESOLUTION and I will return the complaint to the Parliamentary Ombudsman.

Yours Sincerely


[YOUR NAME]

[mohmmad786]

Re: Marston Bailiff Letter for court fine which i already paid

Hello Mohmmad and welcome to Legal Beagles.

Thanks alot mate and thankyou very much Happy Contrails as well. Sorry I was out all day so i couldnt post. I checked the forums in the morning before i left there wasnt no replies so i sent them a letter myself ( MY MISTAKE)i wish i would have waited till your replies but i am posting the letter which i sent to court which isnt as straight forward as the template but i am sure i can use the template if they dont answer to my nice letter in my favour.


The email was sent to kingslynn.court@hmcourts-service.gsi.gov.uk as my case was in kings lynn.

I got a £90 court fine from last year, when went to court and said i cant pay any fine as i wasnt claiming any benefits and i had no income. The judges were really understanding and said that they would give me time and if i still have a problem to call the number and make arrangements incase i cant pay fine on time.
I asked the court that i need time so i can start paying the fine which was £5 a week and was suppose to start from the 1st of november and cause my benefits werent sorted out till that time i called them to give me one more month where i can start paying from the 1st of december. The lady i spoke to was really nice and said that i would have to start paying my fine from 31st of november and she will also send me a card from which i can pay into post office.
I paid £20 in december and £20 in january over the internet and than due to change of circumstances where i could get my name in the benefits as well our benefits were stopped at the end of january with our tax credits and housing benefits put on hold as we had to make new application for income support, tax credit and housing.
I kept on checking my account online so as soon as i get the back dated payment i could pay the fine off. On the 10th of february i checked my account online and as i got my first payment from tax credit, i thought i will just pay the rest of my fine off and as the hmrc website had some issues i went to post office and paid the rest of my fine £50 thinking that its all been paid off.
Now i got a letter at home from marston asking for £50(fine) + £85(marston fees) where i have already paid the fine in full and i did not receive any further steps notice otherwise i would have called the court to make arrangement to pay as i did before. I would be really thankful if anyone could speak to marston and let them know that i have paid my fine in full, thanks. I am actually a carer for my disabled son and wife is is suffering from depression and is actually on medicine for depression and seeing psychologist as well.
In the end i would like to request if someone can please help me with this as i could not pay the money cause of genuine circumstances and can provide the court or the manager with all the details and if the court wants they can check it with tax credits that the first payment i got from them was on the 10th of february and our housing benefits are still stopped as we are waiting for them to process our application.
I just feel if the court even sent me a letter telling me that i am behind with the payment or to contact them to make any arrangements it wouldnt have come to this so if someone can help me sort this out.
You sincerely

[bluebottle]

Re: Marston Bailiff Letter for court fine which i already paid

Thanks alot mate and thankyou very much Happy Contrails as well. Sorry I was out all day so i couldnt post. I checked the forums in the morning before i left there wasnt no replies so i sent them a letter myself ( MY MISTAKE)i wish i would have waited till your replies but i am posting the letter which i sent to court which isnt as straight forward as the template but i am sure i can use the template if they dont answer to my nice letter in my favour.


The email was sent to kingslynn.court@hmcourts-service.gsi.gov.uk as my case was in kings lynn.

I got a £90 court fine from last year, when went to court and said i cant pay any fine as i wasnt claiming any benefits and i had no income. The judges were really understanding and said that they would give me time and if i still have a problem to call the number and make arrangements incase i cant pay fine on time.
I asked the court that i need time so i can start paying the fine which was £5 a week and was suppose to start from the 1st of november and cause my benefits werent sorted out till that time i called them to give me one more month where i can start paying from the 1st of december. The lady i spoke to was really nice and said that i would have to start paying my fine from 31st of november and she will also send me a card from which i can pay into post office.
I paid £20 in december and £20 in january over the internet and than due to change of circumstances where i could get my name in the benefits as well our benefits were stopped at the end of january with our tax credits and housing benefits put on hold as we had to make new application for income support, tax credit and housing.
I kept on checking my account online so as soon as i get the back dated payment i could pay the fine off. On the 10th of february i checked my account online and as i got my first payment from tax credit, i thought i will just pay the rest of my fine off and as the hmrc website had some issues i went to post office and paid the rest of my fine £50 thinking that its all been paid off.
Now i got a letter at home from marston asking for £50(fine) + £85(marston fees) where i have already paid the fine in full and i did not receive any further steps notice otherwise i would have called the court to make arrangement to pay as i did before. I would be really thankful if anyone could speak to marston and let them know that i have paid my fine in full, thanks. I am actually a carer for my disabled son and wife is is suffering from depression and is actually on medicine for depression and seeing psychologist as well.
In the end i would like to request if someone can please help me with this as i could not pay the money cause of genuine circumstances and can provide the court or the manager with all the details and if the court wants they can check it with tax credits that the first payment i got from them was on the 10th of february and our housing benefits are still stopped as we are waiting for them to process our application.
I just feel if the court even sent me a letter telling me that i am behind with the payment or to contact them to make any arrangements it wouldnt have come to this so if someone can help me sort this out.
You sincerely

Hi,

The Court Manager has a duty to explain what has happened and why Marstons are involved when you have paid the fine. He is, after all, a Crown Servant, and accountable (Anyone employed in the Civil Service is a Crown Servant.). Wait and see what the Court Manager has to say, then come back onto this thread. If you need any help, we'll see what we can do to help.

Bluebottle

[mohmmad786]

Re: Marston Bailiff Letter for court fine which i already paid

Hi,

The Court Manager has a duty to explain what has happened and why Marstons are involved when you have paid the fine. He is, after all, a Crown Servant, and accountable (Anyone employed in the Civil Service is a Crown Servant.). Wait and see what the Court Manager has to say, then come back onto this thread. If you need any help, we'll see what we can do to help.

Bluebottle

Thankyou very much mate i will keep on posting anything which comes from there or i send to them and i think i would wait for your replies first before i open my mouth again

[bluebottle]

Re: Marston Bailiff Letter for court fine which i already paid

Thankyou very much mate i will keep on posting anything which comes from there or i send to them and i think i would wait for your replies first before i open my mouth again

LOL! Okay. Let us know what the Court Manager says.

Bluebottle

[Guest]

Re: Marston Bailiff Letter for court fine which i already paid

so i sent them a letter myself ( MY MISTAKE)i wish i would have waited till your replies

Send it again..

[mohmmad786]

Re: Marston Bailiff Letter for court fine which i already paid

Send it again..

Send the template version do u mean?

The Court Manager
[NAME OF] Magistrates’ Court
[ADDRESS1]
[POSTCODE]

[DATE]

Dear Sir,

Re: [YOUR NAME + FINE REFERENCE] Formal Complaint

I write on the understanding the fine has been passed to bailiffs.

However I further understand that the fines officer did not comply with court rules namely Paragraph 37 of Section 97 of the Courts Act 2003 which requires a further steps notice be sent to me before issuing a warrant for distress to bailiffs.

Complaint resolution

1. Confirm in writing the court service has complied with the above.

2. Return the account back to court administration

3. Cancel the warrant for distress

If you are unable or unwilling to comply with the above, please clearly mark your response letter with the words FINAL RESOLUTION and I will return the complaint to the Parliamentary Ombudsman.

Yours Sincerely


[YOUR NAME]

SENT

[Guest]

Re: Marston Bailiff Letter for court fine which i already paid

Great stuff, can you keep is posted with your progress and any reply you receive.

A contact at HMCTS said court staff were sent a practice direction last summer which contained an error where it accidentally directed staff to discregard the P37 rule, and is now looking at correcting the direction.

[mohmmad786]

Re: Marston Bailiff Letter for court fine which i already paid

Great stuff, can you keep is posted with your progress and any reply you receive.

A contact at HMCTS said court staff were sent a practice direction last summer which contained an error where it accidentally directed staff to discregard the P37 rule, and is now looking at correcting the direction.

Thanks for the update bro, I am still waiting for there reply with fingers crossed and hoping that this bailiff thing would go off but as soon as i hear anything i will let you guys know as i know the result would help you help others as well.

[misterd]

Re: Marston Bailiff Letter for court fine which i already paid

Hi Mohammed,as quoted check with the courts to see that all payments have been allocated to your accounts and request that the case be put on hold whilst they investigate your payments if not done straight away.
The next fee you will receive from marstons will be £215.00 when an attending bailiff will call.
However if you find that the payment hasnt been paid a bailiff company can only hold the warrant for so long before it is requested back by the courts normaly 12 weeks.
This will the revert back to its original debt all bailiff charges and fees are stripped off before being returned to the courts.

[mohmmad786]

Re: Marston Bailiff Letter for court fine which i already paid

I have just came off the phone, i called the fines and the guy confirmed that they have received the fine in full so for them the fine is all paid, he also said that the further steps notice was issued on the 24th of november where as my payment was suppose to start from the 31st of november. I tried explaining this to the guy but he wasnt having any of it and was saying that i gotta speak to marston.
Now my payments were suppose to start from the 1st of november but as i mentioned in my first post that i called them and spoke to someone over the phone and got the date of 31st november to start paying my fine. Another thing is that how can they issue a further steps notice before the date when my first installment is due? Another thing is that if they issued the further steps notice than why did they kept on taking my payments? i paid once in december and once in january which he confirmed as well. I have got no proof now to prove that my first installment was due on 31st november and there is no date on the letter which came with the card which enabled me to pay it at post office.
I dont know what my options are and i dont want this £85 fine to turn into further £215, what are my options?

[Guest]

Re: Marston Bailiff Letter for court fine which i already paid

If the fine is paid, the you dont owe anything.

The warrant for distress the court issued to the bailiffs only enabled them to reccover the amount you were fined.

Official advice says bailiffs cannot change you anymore that you are fined: http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/ex345_e.pdf On Page 5


As for distress (selling your goods) the bailiff is only paid for the work he has done. If he doesnt do ther work then he commits an offence of fraud: - The House of Lords 20 April 2007: http://www.publications.parliament.uk/pa/ld200607/ldhansrd/text/70420w0001.htm See under Crime Fraud


If the bailiff gives you trouble then throw the book at him.

NAME OF POLICE AUTHORITY]
[ADDRESS]
[AND POSTCODE]

[DATE]


Dear sir,

REF: Reporting an offence under the Fraud Act

I received the enclosed documents on [DATE] from a company claiming to be enforcing payment of an unpaid fine which has already been paid and intending to charge me unlawful costs of [TOTAL AMOUNT SHOWN ON THE DOCUMENT LESS THE FINE ITSELF]

I declined payment but the company says I was liable to pay his fees because of a contract exists between HMCTS and his company, however, I understand that is contract is a matter between the court service and its enforcement contractors, and nothing in it makes me liable for any fees.

I now understand the warrant for distress was issued under Section 76 of the Magistrates Courts Act 1980 enables the recovery of the sum I am adjudged to pay. The court service confirms this has been paid

Leaflet EX345, published by the Court Service says Page 5; they do not charge me for the work they do, and no distress, or sale of goods took place.

In case it was a genuine error, I asked the sender to stop the demands, but they failed to do so and that confirms an offence was committed under Section 40 of the Administration of Justice Act 1970 by pretending a costs order was made when it has not.

Section 2 of the Fraud Act defines a new general offence of fraud by false representation. Where a person dishonestly makes a false representation as to the true extend to his fee-charging authority 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, that person will be committing an offence. This position was confirmed in the House of Lords on 20 April 2007, making this an arrestable offence under Section 24 of the Police and Criminal Evidence Act 1984.

I wish to make a written statement of complaint on a statement form, please telephone me on [NUMBER] to arrange an appointment for me to attend the station and I am happy to help you in your enquiries and stand as a prosecution witness at trial.

Yours Sincerely

[NAME]

and keep those formal complaints moving.

The Court Manager
[NAME OF] Magistrates’ Court
Address 1
Address 2
Address 3
Postcode

[DATE]

Dear Sir,

Re: [YOUR NAME + FINE REFERENCE] FORMAL COMPLAINT

I received a document from a company called [NAME] on [DATE] who said they are enforcement officers collecting an unpaid fine of [AMOUNT] on your behalf.

They sought to charge me the sum of [AMOUNT OF FEES] and the document said I was liable to pay further fees of [AMOUNT] if I did not concede to their demands.

Leaflet EX345, published by the Court Service says Page 5; they do not charge me for the work they do.

I understand the Distress Warrant, issued in the Magistrates Court under Section 76 of the Magistrates Courts Act 1980, did not include an Order for Costs against me and it only orders that I pay the amount I was fined.

No distress was made on my goods, and in any event, the demand for fees was received by post and no bailiff has attended my property. As the company said they were your contractor, I accepted the letter as being truthful and honest.

I now understand the Enforcment Services Contract with HMCTS only enables enforcement contractors to deduct sums from the fine recovered, but there is no clause that enables the contractor to recover more than the amount I was fined, and I am not a signatory of that contract.

Complaint Resolution

[I respectfully ask for a refund of [AMOUNT]]

Return the case to court administration.

The court service makes the necessary investigation why I was over-charged.

Do the necessary work to ensure the person responsible for over charging me is made accountable under both, civil law and criminal law and the investigation is made objectively and professionally.

Make the necessary complaint to the appropriate court regarding the bailiff’s fitness to hold a certificate

Yours Sincerely


[NAME]

[bluebottle]

Re: Marston Bailiff Letter for court fine which i already paid

My advice is to send a Special Delivery letter to the CEO of Marstons without delay and inform him that you have checked with the court involved and they have confirmed the fine has been paid in full. Therefore, Marstons have no grounds, in law, to pursue you for any fines or fees whatsoever. In the letter, you need to impress upon Marstons that they have a duty to confirm what you have told them with the court and to cease their involvement in this matter forthwith.

Make sure you write the following on the front of the envelope -

STRICTLY PRIVATE & CONFIDENTIAL - TO BE OPENED BY ADDRESSEE ONLY

This means only the CEO of Marstons and ONLY the CEO of Marstons can open the letter.

If they ignore the letter, get ready to call the police as Marston's bailiffs would be acting illegally if they tried to obtain a warrant or enter your home.