Marston Bailiff Letter for court fine which i already paid

[mohmmad786]

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

Thanks happy and can you please confirm the above post as i have put that on top of the letter and dont worry whatever the outcome is i am posting everything i am writing to the court and i will let you know the outcome as well.
------------------------------- merged -------------------------------

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

Read more at: Marston Bailiff Letter for court fine which i already paid - Page 2 - Legal Beagles Consumer Forum

Not at all bro, i actually am thankful for the help you guys are giving me and cannot appreciate enough

[mohmmad786]

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

This is how the new letter looks, i have only taken the account and case number out.

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,
My Name :
Account number :
Case number :

Dear Sir,
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 13/02/12 and 14/02/12 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

[CleverClogs]

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

Official advice ...http://hmctscourtfinder.justice.gov....ms/ex345_e.pdf

It is certainly a most interesting document.

One curious omission is that there is no mention whatever that a householder may lawfully refuse access or entry to their dwelling.

I wouldnt take too much notice of what posters on CAG have been telling you.

The same may be said of the official advice.

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

I expect any bailiff would be delighted by an official document that implies that they have the right to enter by force.

Others may be dismayed by it.

[Guest]

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

Bailiffs do know about it, that is why its refunded on receipt of a formal complaint. But you have to make the formal complaint to get the refund.

It is too dangerous for a bailiff to attempt defending a fee reclaim because they risk a CCJ which puts them out of business, and the judgment opens the floodgates for new claims for bailiffs fees on court fines paid in the last 6 years.

The fees charged rely on the defendant being mis-informed that they are liable for them

[CleverClogs]

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 any more 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 does not do that 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 had been adjudged to pay. That, to the best of my understanding, is the only amount I was liable to have paid.

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 Faithfully

8/10
You can do better!

[labman]

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

Cheeky burger!

[Guest]

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

CC's made a good letter, better than my original, I hope the OP shares with us the reply.

[labman]

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

Ditto!:beagle:

[mohmmad786]

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

SENT

[mohmmad786]

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

Just something which came in my mind so thought ill ask you guys(no taking out my grammer mistakes :P).

When i spoke to the court on phone the guy said that they sent a further steps notice in november, which i am taking would be for £90 as that was before i paid the court any money. Now if they gave the case to marston than why did it took marston 3 months to contact me? and as on marston letter it said that i owe £50 fine than shouldnt the court be issuing me with a further steps notice for £50 before taking any steps?

[Guest]

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

Three months is normal for Marstons to make contact. They currently have a shortage of manpower in the field and bailiffs dont earn much money collecting court fines. The issue of a FSN does not trigger a fee.

Its parking tickets that is most lucrative for bailiffs because there is a usually car for the taking. This is why there is so much squabbling among bailiff companies over council contracts for collecting unpaid parking tickets. Nobody wants unpaid council tax contracts, its disgusting work, which is why less experienced bailiff companies bid on them. The training requirements for court fines recovery is much higher, and its hard to recruit bailiffs to collect unpaid court fines.

[mohmmad786]

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

I was just going through the website reading different threads and come across this so thought ill ask as i did not wanted to change the subject of someone else thread.

They only need to provide proof if you ask them for it. If you dont accept the proof is genuine then you dont need to pay the fee. Its a civil dispute between you and the bailiff. If you can pay the authority direct then bailiffs cannot carry out enforcement for the payment for his fees alone.

Now does it apply to everyone?
would this apply in my situation?

the only reason i am asking this is cause i have not heard anything from the court till now but after my formal complain the marston sent me the letter only wanting to collect there fees as they acknowledged that i have paid the fine in full so i am not in that situation where the court is gonna refund me the money. I still havent called marston as there is no contract between me and marston and i still feel that if they take the money from me than they would be committing a fraud as they havent given any services as i paid the court before they got involved.

[labman]

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

I take the view, if the fine was paid, and you can prove this, then Marstons had no fine to collect, therefore you owe them nothing.

Personally I would treat the above advice with a pinch of salt, as it could lead to you ending up in worse trouble than you are. I say this for the benefit of other readers of the thread, not you personally.

[mohmmad786]

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

This is the kind of thing what happened today as the door was shut on him.



The guy came from marston this morning at 7am, I said i have paid the fine to which he said i need to show the proof and i said that i got a letter from them saying the court fine is paid to which he denied any knowledge and said that i need to give him the proof. I asked him to put his paperwork throught the mail box and he left me a final note saying i owe them £300.

Just wanted to know what my options are as the court fine is paid in full.

[labman]

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

Ignore them. If they want their money, they need to provide you with a breakdown of fees and get a separate liability order in order to collect their fees.