marston's letter.

[daddy43]

Hi
i have been sent a letter by the above demanding payment of £26 pounds plus £85 costs. this was due to a speeding fine which i agreed to pay off at £26 a month (not with marstons i might add) i got my months mixed up and stopped it one month early, i didnt realise this till i got the letter this morning!
i am willing to pay off the £26 as this was my fault and a genuine mistake on my part. But i do not want to deal with Marstons i any way shape or form due to what i have read on here.
it states on the letter "they are in possession of a magistrates court order as a consequence of non payment for the amount above (£26) they are instructed to demand immeadiate payment in full from me within 7 days of this letter , unless it is paid into our office within the timescale , our bailiffs will attend to levy and distress and remove your goods for sale by public auction, this action will involve minimum further costs of £215.
I dont get paid until the 25th of Jan so this will go past their 7 day deadline .

Any advice on what i can do on this and where i stand .
Many Thanks ,
Paddy.

[pepsie]

Re: marston's letter.

oyou should have received a Further Steps Notice from the Court - a legal requirement - prior to the involvement of Bailiffs.

[daddy43]

Re: marston's letter.

hi many thanks for the reply,
i forgot to mention there is a giro slip at the bottom of the letter , should i use this to pay the £26 ?
paddy.

[CleverClogs]

Re: marston's letter.

To whose account is the giro slip payable?

It's payable to Marston's, isn't it?

If you pay them £26, they will keep that as a part payment of their "fees". You'll still owe the last installment of the fine and they'll still try to ream as much from you as possible.

[ploddertom]

Re: marston's letter.

Did you get the Further Steps Notice?

[ploddertom]

Re: marston's letter.

To whose account is the giro slip payable?

It's payable to Marston's, isn't it?

If you pay them £26, they will keep that as a part payment of their "fees". You'll still owe the last installment of the fine and they'll still try to ream as much from you as possible.

With Magistrates Court Fines the fine is paid first and only then can the Bailiff keep anything from the surplus for his fees.

[labman]

Re: marston's letter.

Reinforces what Ploddertom and Pepsie have said, but have a read of this. It sets the procedure out quite clearly, and mentions the point about the Further Steps Notice:

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

[daddy43]

Re: marston's letter.

no further steps notice at all , the above was the only letter i have received
so going by what ploddertom says i can pay the £26 so the speeding fine people will get their money and Marstons will get nothing ? or do i phone the magistrates court and speak with them direct and offer to pay them direct and hope they accept what i say as it is a genuine mistake on my part and go from there ??
Paddy.

[ploddertom]

Re: marston's letter.

You need to find out why the FSN never came. The FSN is a legal requirement as it notifies you there is an amount outstanding, it gives you 10 days to bring your account up to date and actually gives the date itself. If you fail to do this it also tells you what further options they may apply - including Bailiff action. Have you moved address since the original offence perhaps?

A point to note is that if you refuse the Bailiff entry or prevent him gaining a levy on goods outside - usually a car - then he is powerless to do anything and will eventually return the Warrant back to Court - it is only valid for 180 days. The Bailiff will no doubt tell you he has the power to force entry to remove goods. In essence this is true but he also fails to tell you he needs the permission of the Court to do so - very rarely given - as this is aimed at the more persistent offender who racks up fines like we do with socks.

[ploddertom]

Re: marston's letter.

no further steps notice at all , the above was the only letter i have received
so going by what ploddertom says i can pay the £26 so the speeding fine people will get their money and Marstons will get nothing ? or do i phone the magistrates court and speak with them direct and offer to pay them direct and hope they accept what i say as it is a genuine mistake on my part and go from there ??
Paddy.

The Court will tell you to deal with the Bailiff and they can do nothing. In my view this is tupid given the small amount outstanding and complaint should be made to the Court Manager & Fines Officer.

[daddy43]

Re: marston's letter.

Hi Again !!
where do i find out why the FSN never came ? also been at the same address the whole time, i will pen a letter to the court manager and fines officer and see what happens. Many thanks for all your help and advice on this. much appriciated .
Paddy.

[ploddertom]

Re: marston's letter.

You need to ask what the exact address is they have on the Warrant and if it has ever been amended. Some Courts are honest enough to even tell you the mail has been returned as undelivered. You also need to find out when the allegedly sent it out.

[CleverClogs]

Re: marston's letter.

Merely because an ordinary letter was sent, there an be little certainty that it was delivered.

Yes, I do know that the law deems that a first class stamp 'ensures' delivery after two working days whereas for a second class stamp, the time is four working days, but such Utopian perfection has never really been known from the Royal Mail and private carriers are probably worse. If a delivery man wants a holiday, he may stuff the contents of his mailbag back into a post box or, if he is feeling at all disgruntled, he may just dump it somewhere such as the local tip or a convenient river.

Why are such documents not sent by a 'signed for' service?