Marstons at the door

[daggz68]

Hi. Have had marston at the door today. Not let them in. Not even my property, I rent a room. The landlady saw them and let me know they were outside. They said it was for non payment of fines, my fault entirely but have added on almost £300!
They came I think sometime very early in the year and put a letter through the letter box. I did ring the courts back then I but they said to go through them. Me being the kind of person to bury their head in the sand left it.
They are saying they can gain entry ( but not my property ) and take goods? Surely they have to know who's goods they are? Also showed them only part of my rental agreement and as it says nothing about just a room they can view the lot? That cannot be right? Only my room surely?
I got through to their office and the unhelpful woman said I cannot pay by installments. BUT out of the blue the guy at the door also said there is another fine they had let him know about and I CAN pay that one by installments. My landlady called the police but they have not turned up yet.
I have no cash or good to sell to pay the fine off at all. I do work and own a crappy car to get me there and back and pick up the kids from their mums and that is all.

What can I do? Land lady is in bits, saying I have to move out after xmas, scared they will break in to her house, I'm in no real fit state to deal with confrontation at times other than shouting etc which is no real good to anyone.
Any advice is good

[enquirer]

Re: Marstons at the door

Don't let the goons into the house - they will simply help themselves, regardless of who the goods belong to. This is quite illegal of course, but they don't care.

Don't let the police fob you off with 'it's a civil, not a police matter'. Phrase what you say to the police carefully - give them to understand that the goons know that only the property in the one room is yours, but that you fear that they will ransack other parts of the house and take items to which they are not entitled (ie commit a burglary).

[daggz68]

Re: Marstons at the door

The guys from Marston had been told many times I only rent a room. The only paperwork to hand regarding rent does not show that though. They said all rentals have to have a proper signed agreement. That's ball as I know plenty of land lords who do not do this

[labman]

Re: Marstons at the door

What was the fine for originally?

Don't let them in, whatever they say they can't force entry without getting a warrant to do so from the court. The court is almost certainly NOT going to grant this (I think they granted just 11 of these in the whole of 2011!!!)

Make sure if you have a vehicle it is parked a little way away so they can't levy on it.

Assuming it's a Magistrates' Court fine, have a read of the procedure here, and ensure it's been followed, especially the Further Steps Notice. If a PCN, see if you could challenge it, or apply for a suspension of enforcemennt action:

Criminal Offence: http://www.legalbeagles.info/forums/...s-Courts-Fines
Parking Issue or similar: http://www.legalbeagles.info/forums/...rking-Offences

Finally for now, send Letter One from here to get a breakdown of fees:

http://www.legalbeagles.info/forums/...Useful-Letters

[daggz68]

Re: Marstons at the door

Hi both fines are for non payment.
The 1st which they arrived for was at a court further away as I have moved. 2nd pulled out the hat is for a local court. Rang them, well the payment office and they only hold details of that, not the other original one. I may sign the car over quickly to my son. That way it's not mine. Can I do that?
I think they gave up as they know they cannot get a warrant from the court today even though they said they had while I went back in doors sorting other stuff out

[labman]

Re: Marstons at the door

Non payment of what? What was the original offence for which you received the first fine?

[daggz68]

Re: Marstons at the door

non payment of fines. not turning th for community service

[labman]

Re: Marstons at the door

OK, so you're definitely looking at Magistrates' Courts. Read the link below. It sets out steps that should have been followed, have they been?

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

Were you arrested for not turning up for community service, thus incurring the second fine? If so, are you on a suspended sentence or on a tag?

[daggz68]

Re: Marstons at the door

no to both questions

[daggz68]

Re: Marstons at the door

i didn't turn up twice. finished it all year and half ago

[bluebottle]

Re: Marstons at the door

I would strongly advise you to ring and speak to the HMCTS Enforcement Manager for the court involved first thing tomorrow morning. They are responsible for ensuring bailiff companies under contract to HMCTS do not behave in the manner Marston Group is in your case. Whilst you are speaking to the Enforcement Manager, ask for the office telephone number and postal address of the HMCTS Regional Contracts Manager. This official is in a position to call in Marstons' senior management and hold them to account.

If a court has told you to pay a certain amount every week, etc., that is what you pay. Marston Group cannot vary this UNLESS they can prove the court has made a Variation Order. Also, as Labman has stated, Marston Group bailiffs have no power to force entry without written authorisation from the court.

It is very important you speak to the HMCTS Enforcement Manager first thing tomorrow morning.

[daggz68]

Re: Marstons at the door

but the court has not yet asked for installments. its gone past that stage surely as marston are involved

[daggz68]

Re: Marstons at the door

One thing never never told me is what the extra charges were for

[daggz68]

Re: Marstons at the door

OK, so you're definitely looking at Magistrates' Courts. Read the link below. It sets out steps that should have been followed, have they been?

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

Were you arrested for not turning up for community service, thus incurring the second fine? If so, are you on a suspended sentence or on a tag?

Never arrested for not turning up. I think a warrant was out but not for arrrest the second time, which I contacted the police/court and went to court about it. Finished my community service in 2011 sometime in the summer.
When they came round yesterday they never told me what the extra charges were for. Just expected me to pay it!

[bluebottle]

Re: Marstons at the door

The contract Marston Group and a number of other bailiff companies under contract to HMCTS have allows them to charge a maximum of £300 which is made up as follows -

Admin Fee: £75 or £85
Visit Fee: £215 or £225

The only other charges they would be entitled to charge are those they lawfully incur and in order to do that they have to gain lawful entry to your home and have a valid levy. If not, they are acting ultra vires by demanding any fees over and above the £300 maximum.

You do, however, need to speak to the HMCTS Enforcement Manager about this, ideally, today. Do not procrastinate.