Marstons Fees

[custard1966.]

Hi, New to this forum,

I have had a visit from one of Marstons Ballifs he left a notice explaining i need to pay a Magistrates court fine. £591 in total. I telephoned him and he said it was an unpaid speeding fine from 2009. £291 was the fine and £85 admin fee and £215 attendance fee. he gave me two weeks to pay which is this Friday 16th. I have paid the £291 to the court and they have said the balance is now nil, But I had a phone call from the balliff now asking for the fees to paid by Friday or he will arrive at my house with the police and a locksmith and enter my property and remove goods.

My Question basically is can he do this or is this a bully tactic, He is very good a playing bad cop good cop and repeatedly reminds me he is doing me a favor by giving me time.

Not really sure how to go about this, If the fees are legitimate and need paying i will pay them but they seem disproportional to amount of fine I paid.

Regards

[bluebottle]

Re: Marstons Fees

If you've paid the fine, that should be it. I am sure one of our more experienced members will be along soon and explain the situation to you, but speaking as a retired policeman, once the fine is paid, that should be the end of the matter. As for the threats about the police and locksmith, I'd ring the bailiff and ask him which court issued his bailiff's certificate. Do not tell him why you require this information. Download a Form 4 from Justice.gov.uk and file a complaint against him. Strictly speaking, the bailiff is committing an offence under a number of statutes within the scope of the Criminal Law.

[labman]

Re: Marstons Fees

Did he actually attend your property with a view to collecting the debt?

If he did, I hate to say this, but he is acting 100% within the law and is charging the prescribed rate of an £85 Administration Fee and a £215 Attendance Fee. If you pay with a card he may also lawfully charge you a further fee (unprescribed, so can't tell you how much) for the privilege of parting with your money.

If you have the money, you're best paying it and getting it over with. If you haven't, then post back up and I'll explain the next steps.

Sorry.

[custard1966.]

Re: Marstons Fees

Hi Thanks, I have the money but will leave me short, A bit un nerved about extra fees if i pay with a card, Could you tell me more about that please.

[labman]

Re: Marstons Fees

All I can tell you is they can lawfully charge a card fee. I would not imagine this would be massive.

If you would be left struggling uncomfortably, you should speak to the Fines Office at the court and ask for a Means Enquiry Hearing. This is a simple meeting where you will complete an Income and Expenditure form so the Magistrates can agree an affordable level of repayment.

My understanding was that this should be granted as soon as you made it clear you were not a won't pay, but a can't pay if a warrant has been issued. However, another recent case has made me question my understanding. I would still phone and ask for one if you decide this is the route you wish to take.

Sorry I cannot elaborate further on the card fee, but the level is simply not set down. I would be very surprised if it were a huge amount, but I'm only human and can be wrong!