Marston Bailiff Letter for court fine which i already paid

[labman]

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

Love it! Mozart was renowned for his humour. His horn concertos, in the original score, will full of insults against the person playing the horn, a very humble, but incredibly talented, individual who bore the brunt of many of his jokes.

For those who haven't got the translation, the song title above translates to, "Lick Me in the Ar$e!" :jaw:

[bluebottle]

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

Love it! Mozart was renowned for his humour. His horn concertos, in the original score, will full of insults against the person playing the horn, a very humble, but incredibly talented, individual who bore the brunt of many of his jokes.

For those who haven't got the translation, the song title above translates to, "Lick Me in the Ar$e!" :jaw:

That's the beauty of German - so easy to guess what one is saying. Polish is as well, once you get the hang of their crazy alphabet.

[mohmmad786]

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

Hello again guys, just an update that i have received a letter from marstonthis morning asking for £85(only marston fees)

"Be aware that the distress warrant or liability order remains outstanding and lawfully enforceable unless the full amount of the original fine/debt, together with fees and costs is paid in full.
The current balance due shown above must be settled within 7 days of the date of this letter, or the matter will be passed to an enforcement agent for attendance at your address to execute the distress warrant or liability order."

Now i have not contacted marston before and the only email/complain i sent was to the court and have not heard anything from the court yet.

[labman]

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

If the debt is settled,and the fees are legitimate, pay them and be rid of them.

[CleverClogs]

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

If ... the fees are legitimate, pay them and be rid of them.

What is the likelihood of that?

[mohmmad786]

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

If the debt is settled,and the fees are legitimate, pay them and be rid of them.

As far as i am concerned that fees is not justified, First of all i am a carer for my disabled son and currently not working as i care for my disabled son. I kept on paying there fine as we agreed in december and january. Problem started when my benefits stopped for change of circumstances, my benefits started on 14th fabruary and paid the rest of the fine off even before i got the marston letter. I could not pay before that as my benefits were on hold. I am willing to go to megistrate court again if i have to but i dont feel that £85 is justified for something which they havent done cause i sent the money to court before i got the marston letter.

[labman]

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

My understanding is that if it has been passed for enforcement to Marstons, they are entitled to charge a one off £85.00 admin charge. If they attend your property, you will be charged a one off attendance fee of £215 as well.

If you feel the fine was settled in full BEFORE Marstons were appointed to carry out enforcement, or you consider you fall under the definition of vulnerable, so should not have had the fine passed over for enforcement, I would suggest you write to the Court Manager by recorded delivery. Ensure you keep a copy for yourself in case Marstons do turn up.

[Guest]

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

they are entitled to charge a one off £85.00 admin charge. If they attend your property, you will be charged a one off attendance fee of £215 as well.

Ask the court for a copy of the Distress Warrant showing the amount you have been adjudged to pay. That is the only amount you are liable to pay.

Official advice says bailiffs cannot charge you more that you have been fined. http://hmctscourtfinder.justice.gov....ms/ex345_e.pdf
Its on Page 5. I wouldnt take too much notice of what posters on CAG have been telling you.

Print it off and show it to the bailiff if one turns up.

[labman]

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

There's also the bit on pages 9 and 10 which states:

"HM Courts & Tribunals Service is one such organisation that has in place a number of contracts that allow certificated bailiffs to act on its behalf to recover criminal fines by way of distress."

and goes on to state:

"What is the cost to me?
Each debt type has a different fee-charging regime, which allows the enforcement officer’s charges to be added to your debt. Details of these fees can be obtained from the issuing creditor."

The OC could get into more trouble by refusing to pay the fees until he establishes whether he is dealing with a CEO or a Certificated Bailiff.

[Guest]

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

The Ministry of Justice advisory is referring to Section 52(7)(14) of the Criminal Procedure Rules 2010 which relates to the costs of distress. Distress is the removal and sale of goods. The OP has not had anyone turn up let alone taken control of his goods.

Sorry I missed a bit. The Enforcment Services contract issued to Marston describes them to be a CEO or Civillian Enforcement Officer, so this is the capacity the bailiff is acting. However the contract in clause 17.4 does require the contractors to be certificated. Neither the contract or Section 76 of the Magistrates Courts Act does not provide for bailiffs to charge a fee to the defendant because he has a certificate or has an alternative job description.

[labman]

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

I posted this a couple of posts ago. If you check the fine as HC has suggested and make sure that is what you paid, then follow the suggestion below.

If you feel the fine was settled in full BEFORE Marstons were appointed to carry out enforcement, or you consider you fall under the definition of vulnerable, so should not have had the fine passed over for enforcement, I would suggest you write to the Court Manager by recorded delivery. Ensure you keep a copy for yourself in case Marstons do turn up.

[Guest]

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

A defendant was recently arrested and brought before a magistrate for refusing to pay his fines because,. he said, the bailiff has been adding fees.


This was what the defendant read aloud to the magistrate.

I, name stand before you and say as follows.

I have not paid the fine because of the following five reasons.

The Court Service bailiff company sent letters to me to recover an unpaid court fine of amount and said I must pay amount of fees

I understand the legislation that provides for the issue of a warrant of distress, does not provide for anyone to increase the amount I have been fined. It says I pay the amount I have been adjudged to pay.

No distress has been made and no goods have been moved, and in any event, the goods at my home belong to my mother.

Advice Leaflet EX345, available from Citizens advice, says on page 5, that enforcement officers do not charge me for the work they do.

I understand the enforcement officer works under a contract with Court, but there is no clause in that contract enabling the contractor to recover more than the amount I have been fined.

I have a basic fundamental right under common law, not to be defrauded by the court service contractor. I will pay the fine amount in affordable installments, on the understanding the bailiff company will be made accountable for its actions under criminal and civil law, in the same way that I have.

The court ordered the fees removed and later, when the defendant returned to court to pay his first instalment, all his fines mysteriously dissappeared.

Instead, you might want to pay the fees and be done with it, then recover them from the bailiff company in the smnall claims track. There is a set of of Claim Particulars that works well and gets you a refund without you haing to go to court.

[mohmmad786]

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

ok so here is the email i am wanting to send.

I dont know if HMCTS complies with the National standards for treating defendants as a vulnerable household for the purpose of civil enforcement of unpaid court fines. They normally dont, but I do know they are having a blitz on clearing up outstanding fines at the moment.

The Court Manager
Kings Lynn Magistrates’ Court
The Court House
College Lane
King's Lynn
Norfolk
PE30 1PQ
22/02/12
Dear Sir,

I write on the understanding that the fine has been paid to the court in full. I have written two emails to the court manager asking for the clearification why the marston was involved but yet to receive any replies. I understand that the court manager has a duty to explain what has happened and why marston was involved when i paid my fine in full.
To my understanding and according to the official advice available.

http://hmctscourtfinder.justice.gov....ms/ex345_e.pdf
On Page 5
The bailiffs cannot charge you anymore than you are fined.
I understand the enforcement officer works under a contract with Court, but there is no clause in that contract enabling the contractor to recover more than the amount I have been fined.
I understand the legislation that provides for the issue of a warrant of distress, does not provide for anyone to increase the amount I have been fined. It says I pay the amount I have been adjudged to pay.
To my further understanding 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:
Lords Hansard text for 20 Apr 200720 Apr 2007 (pt 0001)
See under Crime Fraud

Further more i would also like to ask the court for a copy of the Distress Warrant showing the amount I have been adjudged to pay. That is the only amount I am liable to pay.

I would also like to bring this in attention of the court manager that i fall in the category of potentially vulnerable who is currently unemployed and a carer for my disabled son.



Yours Sincerely

Should i add anything else or delete anything from there?

[Guest]

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

Thats a very good letter. Send it by post and by email and mark the top of the letter as such.

I dont know if HMCTS complies with the National standards for treating defendants as a vulnerable household for the purpose of civil enforcement of unpaid court fines. They normally dont, but I do know they are having a blitz on clearing up outstanding fines at the moment.

Can you post the reply you receive from the Court administrator?

[labman]

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

Hope you don't mind. I've tidied up a few little bits, nothing major!


I write on the understanding that the fine has been paid to the court in full. I have already sent two emails to the court manager dated insert dates asking for the clearification why Marstons were instructed, but have yet to receive any replies. I understand that the court manager has a duty to explain what has happened and why Marstons were instructed when I had already paid my fine in full.

To my understanding and according to the official advice available in Leaflet EX345, page 5 states the bailiffs cannot charge you anymore than the total of the fine.

I understand the enforcement officer works under a contract with Court, but there is no clause in that contract enabling the contractor to recover more than the amount I have been fined.

I understand the legislation that provides for the issue of a warrant of distress, does not provide for anyone to increase the amount I have been fined. It says I must pay the amount I have been adjudged to pay.

To my further understanding for distress (selling your goods) the bailiff is only paid for the work he has done. If he doesn't do their work then he commits an offence of fraud: - The House of Lords 20 April 2007:

"The Minister of State, Home Office (Baroness Scotland of Asthal): 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 1 of the 2006 Act contains the new general offence of fraud."


Furthermore I would also like to ask the court for a copy of the Distress Warrant showing the amount I have been adjudged to pay. That, to the best of my understanding, is the only amount I am liable to pay.

I would also like to bring to the attention of the court manager that I fall in the category of potentially vulnerable who is currently unemployed and a carer for my disabled son.



Yours Sincerely

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