HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff.

[smellybella]

Hi, and many thanks for reading and helping if you can.

I owed a fine of £60 to police for talking whilst on my mobile. I paid it late and before I knew it it had increased to £90, I only paid the £60. I still owed £30, did not know, until today when I woke this morning I had had a hand delivered notice from a baliff Distress, when the registration of my car listed on it. What can I do. I dont want to acknowledge the notice as then I have accepted there debt this has not increased to £410.00. How can the law say this is legal for £30 debt. Im at my wits end. I don't even earn enough to cover that amount. Please anyone advise me.

Many Many Thanks Kim x

[bluebottle]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Which firm of certificated bailiffs is involved in this, please? The fees sound to be grossly disproportionate and, possibly, fraudulent. Also, which police force is involved, please?

[smellybella]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Hi, Thankyou for a reply its HM Courts, original fine £60, increased to £90, but I paid £60, did not know it had been increased, Its Marstons Baliffs, original cost £30, fees of £165, and attendance and removal £215.. But they have not removed anything, they have listed my car on this distress notice and given me 6days to pay. i dont get paid anyway till next wed which is 8days. Im so scared they are going to come and take my car.

[bluebottle]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

As suspected, it had to be Marston Group and, yes, their fees are not in accordance with their contract with HMCTS. The most Marston Group are permitted to charge is £85.00 Admin Fee and £215.00 Attendance Fee. Also, a bailiff cannot attend and remove on the same visit.They must give you an opportunity to pay. Also, did you receive a letter from the court asking you to bring your fine account up to date or enforcement action would follow? This is called a Further Steps Notice and is a legal requirement under Rule 52.2, Criminal Procedures Rules 2011. Bailiffs cannot be instructed until you receive this and 14 days must elapse before enforcement may begin.

[smellybella]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Yeah, I received a letter saying that the fine was £90 not £60, but I dont get paid till next week that was at the beginning of the month, its only £30, what should I do, Should I pay the original fine and just ignore the marstons group or do I have to pay them, should I contact them before they take my car, im really scared, i cant go to work without a car. Im a single parent and its hard. All this for £30 ******** pound. x Thankyou for replying

[smellybella]

Scared I will Lose My Car Baliffs are coming Marstons

Hi, I have posted once today and I dont mean to be a nuisance but I don't know what else to do.

I owed a fine of £60 to police for talking whilst on my mobile. I paid it late and before I knew it it had increased to £90, I only paid the £60. I still owed £30, did not know.
I did receive a reminder of the police / courts informing me that it had gone to marstons, and then this morning when I got up there was a hand delivered notice behind the door stating. Notice of Distress. that I have six days to pay £410.00 for a £20 fine omg omg.

My Car registration was noted and says it will be sold in six days. Breakdown, Sum £30 - Baliffs Fee £165 - Attendance & removal £215 - Total £410.. Help Me what can I do.

I have not spoke or seen a baliffs nor have I agreed anything with them.
Many Many Thanks Kim x

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[singlemom]

Re: Scared I will Lose My Car Baliffs are coming Marstons

Hi Kim
I am sure someone will reply soon. However, I would contact the Citizens advice bureau as they have access to solicitors. In a case like this they could be very helpful. I know they telephoned a solicitor on my behalf to ask about housing. (it was years back when I was trying to buy a house and the seller pulled out after I paid so many fees).

http://www.citizensadvice.org.uk/

[smellybella]

Re: Scared I will Lose My Car Baliffs are coming Marstons

Thanks single mom xx Im going to nip in tomorrow lucky for me its a drop in on Wed thanks again x

[bluebottle]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

First thing tomorrow morning, ring the court and ask for the direct telephone number of the Area HMCTS Enforcement Manager. This person is responsible for Court Bailiffs, HMCTS Warrant Officers and contracted certificated bailiff companies. It sounds like you haven't received a Further Steps Notice, in which case, it is a bit premature for Marston Group to be involved. I would lodge a formal complaint with the Area HMCTS Enforcement Manager. Do not be fobbed off by any statements that you have to deal with Marstons - you do not.

[labman]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Before doing anything, have a read of this which was drawn up and agreed by a working group from this site:

http://www.legalbeagles.info/forums/...s-Courts-Fines

[labman]

Re: Scared I will Lose My Car Baliffs are coming Marstons

Hi,

I don't wish to appear horrible, but could you keep everything about this on one post please as it will get really confusing for you and us if both are kept running.

[smellybella]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Before doing anything, have a read of this which was drawn up and agreed by a working group from this site:

http://www.legalbeagles.info/forums/...s-Courts-Fines

Just an update, I recievd a letter 2day, distress nbotice,at 0.645 and 7hrs later, My car is clamped. Im devastated!!! What am i going to do. !!omg Im wrecked. all for £30.00 - total bill £410.00

[bluebottle]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Speak to the Area HMCTS Enforcement Manager first thing tomorrow morning.

You need to find out if the court has issued a Clamping Order to Marston Group. If not, the clamping of your car is illegal, not unlawful, but illegal. You also need to find out if the court send you a Further Steps Notice (FSN). If they have not, the actions of Marston Group are illegal, as the court is not permitted to instruct them unless the FSN has been sent and 14 days have elapsed since they sent it. As stated previously, the £410 Marston Group is not in accordance with the contract between Marston Group and HMCTS. The most they can charge, on top of any fine is £300 tops. When I went to school, 300 + 30 = 330, not 410. You need to press the Area HMCTS Enforcement Manager on this. Remind him or her that they and HMCTS are 100% vicariously-liable for the actions of Marston Group. They won't like it, but that is the law.

[smellybella]

Car clamped!!! At home help!!! Marstons

Hi,
I posted yesterday asking for help, with regards to receiving a distress notice for the sum of £30 owed to the courts for use of a mobile. Original £60- Increased to £90, I didnt know that the extra had been added.

I recieved the notice at 6.45am whilst asleep, didnt notice that my car has=d been clamped at the same time, it did not say that. What can I do the sum has now increased fro £30 to £410.00. Im at my wits end.

Kim

[smellybella]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Thanks for your reply so much. I am going to ring the courts today. What if we remove the clamp and car from the area is this illegal. ?