Tweet
Good morning all.
I'd like to firstly explain my current situation, unfortunately, it may take a while.
Last year 2011 I was convicted of driving without adequate Motor Insurance. Although there were what I felt, litigating circumstance I refrained from attending the court myself and pleaded guilty by post. I also forwarded a means listing to assist the court when deciding their fine amount. The court completely ignored my means form and fined me £350 with the usual and expected licence penalty points.
I appealed the decision and attended 'High Court' hearing. The judge accepted that the litigating circumstance surrounding my conviction when provided with documentation. Whilst he acknowledged that driving without insurance was not within my character and a genuine error we moved swiftly on to the fine. The judge claimed that the court had not received my means form but listened to what I had to tell him.
I'm a recently discharged bankrupt who is not in receipt of any benefits, I rely solely upon my partner for financial support. The judge moved to his chambers to discuss the matter with his colleagues also sat at the bench with him. He returned and accepted my appeal reducing the fine to £115 that he clearly stated my partner would have to pay for me! I asked that the payment be made in two parts and he also accepted this offer. I left the court.
Approximately one month later I received a final steps notice. When the document came through the door and I saw it was from the courts I assumed it was instruction of how to pay the fine and when, not a final steps notice! Upon receipt I called the court and paid £65 with a view to paying £50 one month later. The next month was simply not a good month to pay, living out of my partners overdraft is not how I anticipated my financial predicament at this stage in life. Perhaps its pride or a simple case of sensitivity but I did not feel so compelled to ask my partner to pay considering her own levels of stress concerning our financial predicament. I naively figured it simply best to await the next month in the hope we would have enough to pay.
Less than one month later and the first communication from Marston Group arrived. It requested payment of the £50 fine plus £85 charges for the letter. I embarrassingly called my parents as asked for a £50 loan. I paid the £50 fine 'to the courts' the same day I received the letter. I also emailed Marston Group to ask if I could pay by instalment. Their reply email simply stated “We regret that we are unable to enter into long-term payment arrangements”.
The court replied with what I expect a usualletter stating that they had received payment for the £50 but advised that there was still a distress warrant against the account with - you guessed it 'The Marston Group'I then launched my dispute campaign: I wrote a complaint to the courts, I wrote a letter of complaint to Marston Group and I wrote to my MP and CC'd him in with my letters of complaint. My MP wrote a letter to the court also.
The Marston Customer 'Care' and Complaints team member replied quoting Part 52 but it is my understanding that this subsection would only be relevant should a Bailiff have already taken control of goods? So, I wrote them again and to my wrong doing I did not send the letter via recorded mail. My second complaint was therefore never granted a level up to stage two of their complaints procedure.
I had been awaiting further communication from my MP at this stage but none arrived. Simply put, the court has failed to respond to either of our complaints.
Last Friday we received a Bailiff visit from Marston Group. A Mr X. I was out of the house with a friend visiting the job local job centre and running some errands. My partners son (14yrs) was home alone sick from school and answered the door. X asked if anyone was home. He did what we have always requested of him, pretended someone was home and closed the door whilst he tried to call me. (I missed the call) he at this point simply thought it was someone with a package for me so he return to the door and told him that I was in the shower. X then got agitated and said 'oh! he's in the shower is he' 'I have a warrant of execution here and I need to see him now'.
My partners son, at this time not knowing anything about what was going on closed the door and locked it (Good lad!) X then opened the letterbox and shouted that he had a warrant and he was going force entry within the next few minutes if the boy did not go and see him at his van. X repeatedly tried the door handles and kept banging on the doors. After some twenty minutes Kendall posted a card with serial number claiming amount outstanding was now £300 and a removal notice.
When I returned home a little over an hour later my partners son was understandingly in a state of shock from the ordeal. and despite my reassurances it has taken him a few days to calm down.
Over the weekend I have spent my time researching as best I could and here are the list of things I have now committed myself to.
- Filed a letter of complaint to the Chief Superintendent in relation to the child and the vulnerable call. I have also raised issue with 1. Threat to Cause Criminal Damage, Section 2(1), Criminal Damage Act 1971 & 2. Threatening Letter, Section 1(1)(a)(ii), Malicious Communications Act 1988.
- I have complained to the court 'again'
- I have complained to Marston Group again
- I have CC'd my MP into everything and requested that he now raise the matter with the Parliamentary Ombudsman
- I have filed a 'Credit Fitness' report/complaint to The Office Of Fair Trading citing the following breaches of legislation
(i)Physical/psychological harassment 3.7 (i) (j) (o) (q)
(ii)Deceptive and/or unfair methods 3.9 (f) (k)
(iii)Unfair or Improper Business Practices 3.1
(iv)Charging for debt recovery 3.10, 3.11 (a) (d)
(v)Debt collection visits 3.13 (a) (c) (f) (g)
- At my partners request I have placed a removal of right of implied access notices in front and rear property windows.
- My parttner has emailed Marston Group stating that she is the sole Tenant for this property and has been for some twelve years plus. She has warned Marston Group that any attempt to subvert or rebuke her notice will result in an invalid levy which will result in a Form 4.
Yesterday whilst I was away from the house again printing documents and posting al relevant informations X visited again this time leaving a FINAL NOTICE !
Now I'm worried! I moved in with my partner directly after Bankruptcy with nothing other than my clothes and a few unvaluable personal posessions. Everything of value in this house is hers. What more can I possibly do?
Any advice in relation to this matter will be greatly received.
Thank you for taking the time out to read my thread.
I'd like to firstly explain my current situation, unfortunately, it may take a while.
Last year 2011 I was convicted of driving without adequate Motor Insurance. Although there were what I felt, litigating circumstance I refrained from attending the court myself and pleaded guilty by post. I also forwarded a means listing to assist the court when deciding their fine amount. The court completely ignored my means form and fined me £350 with the usual and expected licence penalty points.
I appealed the decision and attended 'High Court' hearing. The judge accepted that the litigating circumstance surrounding my conviction when provided with documentation. Whilst he acknowledged that driving without insurance was not within my character and a genuine error we moved swiftly on to the fine. The judge claimed that the court had not received my means form but listened to what I had to tell him.
I'm a recently discharged bankrupt who is not in receipt of any benefits, I rely solely upon my partner for financial support. The judge moved to his chambers to discuss the matter with his colleagues also sat at the bench with him. He returned and accepted my appeal reducing the fine to £115 that he clearly stated my partner would have to pay for me! I asked that the payment be made in two parts and he also accepted this offer. I left the court.
Approximately one month later I received a final steps notice. When the document came through the door and I saw it was from the courts I assumed it was instruction of how to pay the fine and when, not a final steps notice! Upon receipt I called the court and paid £65 with a view to paying £50 one month later. The next month was simply not a good month to pay, living out of my partners overdraft is not how I anticipated my financial predicament at this stage in life. Perhaps its pride or a simple case of sensitivity but I did not feel so compelled to ask my partner to pay considering her own levels of stress concerning our financial predicament. I naively figured it simply best to await the next month in the hope we would have enough to pay.
Less than one month later and the first communication from Marston Group arrived. It requested payment of the £50 fine plus £85 charges for the letter. I embarrassingly called my parents as asked for a £50 loan. I paid the £50 fine 'to the courts' the same day I received the letter. I also emailed Marston Group to ask if I could pay by instalment. Their reply email simply stated “We regret that we are unable to enter into long-term payment arrangements”.
The court replied with what I expect a usualletter stating that they had received payment for the £50 but advised that there was still a distress warrant against the account with - you guessed it 'The Marston Group'I then launched my dispute campaign: I wrote a complaint to the courts, I wrote a letter of complaint to Marston Group and I wrote to my MP and CC'd him in with my letters of complaint. My MP wrote a letter to the court also.
The Marston Customer 'Care' and Complaints team member replied quoting Part 52 but it is my understanding that this subsection would only be relevant should a Bailiff have already taken control of goods? So, I wrote them again and to my wrong doing I did not send the letter via recorded mail. My second complaint was therefore never granted a level up to stage two of their complaints procedure.
I had been awaiting further communication from my MP at this stage but none arrived. Simply put, the court has failed to respond to either of our complaints.
Last Friday we received a Bailiff visit from Marston Group. A Mr X. I was out of the house with a friend visiting the job local job centre and running some errands. My partners son (14yrs) was home alone sick from school and answered the door. X asked if anyone was home. He did what we have always requested of him, pretended someone was home and closed the door whilst he tried to call me. (I missed the call) he at this point simply thought it was someone with a package for me so he return to the door and told him that I was in the shower. X then got agitated and said 'oh! he's in the shower is he' 'I have a warrant of execution here and I need to see him now'.
My partners son, at this time not knowing anything about what was going on closed the door and locked it (Good lad!) X then opened the letterbox and shouted that he had a warrant and he was going force entry within the next few minutes if the boy did not go and see him at his van. X repeatedly tried the door handles and kept banging on the doors. After some twenty minutes Kendall posted a card with serial number claiming amount outstanding was now £300 and a removal notice.
When I returned home a little over an hour later my partners son was understandingly in a state of shock from the ordeal. and despite my reassurances it has taken him a few days to calm down.
Over the weekend I have spent my time researching as best I could and here are the list of things I have now committed myself to.
- Filed a letter of complaint to the Chief Superintendent in relation to the child and the vulnerable call. I have also raised issue with 1. Threat to Cause Criminal Damage, Section 2(1), Criminal Damage Act 1971 & 2. Threatening Letter, Section 1(1)(a)(ii), Malicious Communications Act 1988.
- I have complained to the court 'again'
- I have complained to Marston Group again
- I have CC'd my MP into everything and requested that he now raise the matter with the Parliamentary Ombudsman
- I have filed a 'Credit Fitness' report/complaint to The Office Of Fair Trading citing the following breaches of legislation
(i)Physical/psychological harassment 3.7 (i) (j) (o) (q)
(ii)Deceptive and/or unfair methods 3.9 (f) (k)
(iii)Unfair or Improper Business Practices 3.1
(iv)Charging for debt recovery 3.10, 3.11 (a) (d)
(v)Debt collection visits 3.13 (a) (c) (f) (g)
- At my partners request I have placed a removal of right of implied access notices in front and rear property windows.
- My parttner has emailed Marston Group stating that she is the sole Tenant for this property and has been for some twelve years plus. She has warned Marston Group that any attempt to subvert or rebuke her notice will result in an invalid levy which will result in a Form 4.
Yesterday whilst I was away from the house again printing documents and posting al relevant informations X visited again this time leaving a FINAL NOTICE !
Now I'm worried! I moved in with my partner directly after Bankruptcy with nothing other than my clothes and a few unvaluable personal posessions. Everything of value in this house is hers. What more can I possibly do?
Any advice in relation to this matter will be greatly received.
Thank you for taking the time out to read my thread.
Comment