marston

[tonto33]

I got a court fine that am paying at £40 a month but i missed one payment and the due dates, basically the fine is paid each month sometimes 20 quid one week 20 quid following week,now got letter from marston saying bailiffs are coming out to remove goods, also when i went to court back in dec 2011 i told them of my new address but marston had my old address and say they been out to there, so now there demanding 773 quid when only had less than 400 quid fine can they do this

[bluebottle]

Re: marston

Have you doubled up any payments to catch up with what you are liable for? Marston are a nasty bunch and are well-known for their habit of stretching the truth or distorting it completely. Although I am a retired policeman, there are other LB members who have more experience of the silly things court fine offices do. One should be along later.

[tonto33]

Re: marston

yes paid the payment that i missed was meant to be monthly but they saying was 6 week gap payments was 23rd dec 60 quid, 3 jan 40 quid,17 jan 20 quid, 30 jan 20 quid ,15 feb 40 quid, 29 feb 20 quid, 15 march 20quid, 29 march 20 quid

[bluebottle]

Re: marston

How much was the fine in total?

[labman]

Re: marston

What was the fine for? What court is enforcing it?

I think you should send this to the bailiffs:

From:
My Name
My Address

To:
Acme Bailiff Co
Bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - the reason for the fee.
c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.
e - the date of the Certification.
F – any amount outstanding

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.


It will be interesting to see what charges have been applied, and for what reason.

[tonto33]

Re: marston

Well its now 28 days since wrote to marston using the above advice and so far no reply, told them need info within 14 days so even with giving time for letter to arrive still well over 14 days

[CleverClogs]

Re: marston

Well its now 28 days since wrote to marston using the above advice and so far no reply, told them need info within 14 days so even with giving time for letter to arrive still well over 14 days

And they still haven't broken in to take your goods or remove one of your kidneys?

[labman]

Re: marston

I'm just being dragged out shopping against my will!!! When I get back, I'll pm you a little something which might help get a result. If I forget, pm me later.

[labman]

Re: marston

pm sent!

For the benefit of others, all I've done is sent over personal contact for the CEO of Marstons and suggested that a letter is put together stating they are neglecting their statutory duty to supply a breakdown of charges some of which the OP believes to be unfair, along with the other errors along the way.

I've suggested the letter is posted up here for any necessary amendments to be made before being sent.

The fact the OP is now faced with a bill nearly twice the original fine, despite a pretty good repayment history is clearly wrong.

[tonto33]

Re: marston

Finally got a response from them today.
Thank you for your letter/enquiry.
in regard to the fees you have incurred. these charges have been calculated in accordance with the Magistrates Court Act 1980, and on a scale agreed with the Ministry of Justice (MoJ). The breakdown is as follows:-

Fine £493.00
Compliance Fee £85.00
Attendance to remove Fee £215.00
Total £793

You will appreciate that we are instructed to enforce the warrant immediately and in full. We regret that we are unable to enter into long-term payment arrangements.However we are able to allow 14 days in which to settle the amount outstanding including our fees in full. This is the MAXIMUM period permitted and you should note that failure to pay within this time will result in our enforcement agent calling. This will incur additional fees and you goods will be at risk.

yours sincerly

customer care team
marston group ltd

[labman]

Re: marston

They are permitted to charge an Administration Fee of £85 and an Attendance Fee (one off) of £215, but only if they did attend.

Which part of their breakdown do you now disagree with?

[tonto33]

Re: marston

they not attended to my address which the courts knew they saying that the attened my old address which we left over year ago they wont say who or on what date they attended

[labman]

Re: marston

Perhaps it is time for this. This is not a template, so will need adapting for your circumstances.

Dear Sir/Madam

Data Protection Act 1998 Subject Access Request

I was visited by (name bailiffs) on (date) and was pressured into paying the sum of £*** for an alleged (state the reason for visit and the date).

The bailiffs did not provide any written authorisation that they were acting on behalf of the council/authority. Their approach was to bully me into paying. I mentioned that by paying the bill, I would be left without any money and their response was that they were in possession of a warrant to enter my house by any means and would take goods and I would have further fees to pay. At this point, not knowing the procedure and my rights, I paid, although I was not shown a warrant.

Accordingly, kindly provide full and complete copies of any and all data you hold which relates to me and my entire history with your company. I have enclosed the statutory maximum of £10.

For the avoidance of doubt, take note that the enclosed cheque is payment for the fee relating to my Subject Access Request only and not a payment of any other kind or to be used for any other purpose. If you do not require a fee in order to process my Subject Access Request then kindly return or destroy my cheque.

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I may have had or may still have with your company.

1. Computer screen notes relating to the conduct of my account
2. Computer screen notes relating to transactions that have gone through my account
3. Internal messages or notes relating to the conduct of my account
4. Internal messages or notes relating to transactions that have gone through my account
5. Recordings of any telephone conversations, whether internal or external, relating to my account
6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account
7. Copies of letters relating to my account
8. All information relating to litigation that has taken place on my account
9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item
10. Copies of all reviews conducted relating to my account
11. For any cost which relates to an attendance fee, kindly state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the relevant bailiff obtained his or her certificate
12. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit
13. Copies of any and all documentation issued to me or left at my property after each visit was made including details of the date and precise time of the visit and the charges incurred; this must include the name of the bailiffs who attended

I trust that the above is clear and should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel.

As detailed above, I have enclosed the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you visited me at and at which your bailiffs relieved me of the sum of £***.

Yours faithfully


(Your Name)


With thanks to Amy!