Visit from Marstons

[bluebottle]

Re: Visit from Marstons

If that is the case, HMCTS need to explain why you were not sent a Means Form. They know they cannot impose or enforce a fine unless your means have been examined. Do not deal with the court staff. You are better dealing with a Senior Enforcement Manager (SEM) who covers an area of up to four counties or large metropolitan areas. Mention the case law I have quoted in Post #27.

The SEM for your area is based at Poole, in Dorset. The telephone number is 01202 711880. The email address is do-pooleenforcement@hmcts.gsi.gov.uk.

[Pepperpot]

Re: Visit from Marstons

When I rang the court in January they told me to ring Poole and it was Poole who told me when a warrant is issued you have to deal with the collections company

[bluebottle]

Re: Visit from Marstons

When I rang the court in January they told me to ring Poole and it was Poole who told me when a warrant is issued you have to deal with the collections company

Whilst that may be technically correct, HMCTS need to explain why they imposed a fine without examining your means. That is a legal requirement and it may mean they need to recall the warrant or suspend enforcement. Ask to speak to or email the Senior Enforcement Manager. If you keep getting fobbed off, escalate the matter to the Head of Enforcement Operations (South) who is based at Southend-On-Sea, but try and resolve the matter with the SEM first.

[Pepperpot]

Re: Visit from Marstons

Whilst that may be technically correct, HMCTS need to explain why they imposed a fine without examining your means. That is a legal requirement and it may mean they need to recall the warrant or suspend enforcement. Ask to speak to or email the Senior Enforcement Manager. If you keep getting fobbed off, escalate the matter to the Head of Enforcement Operations (South) who is based at Southend-On-Sea, but try and resolve the matter with the SEM first.

I gave them a call spoke with the SEM he said that they automatically issue the uncollected warrant to another company to collect, I now have to sit back and ignore any correspondence from Phillips / Collectica and wait for an arrest warrant, then I will have the opportunity have my means examined the outstanding amount will then have the agents fees removed reverting back to the original amount.
The SEM said when I pleaded guilty by reply I showed that I was earning I can't honestly remember if this is the case but if it is I certainly did not show any outgoings!

[bluebottle]

Re: Visit from Marstons

I gave them a call spoke with the SEM he said that they automatically issue the uncollected warrant to another company to collect, I now have to sit back and ignore any correspondence from Phillips / Collectica and wait for an arrest warrant then I will have the opportunity have my means examined the outstanding amount will then have the agents fees removed reverting back to the original amount.
The SEM said when I pleaded guilty by reply I showed that I was earning I can't honestly remember if this is the case but if it is I certainly did not show any outgoings!

The SEM is not entirely correct. You should still have been sent a Means Form. R -v- South Western Magistrates (on the application of Purnell) confirms that a fine cannot be imposed or enforced unless a defendant's means have been examined. The SEM's suggestion seems to make sense as it would kill Collectica's pig.

[CleverClogs]

Re: Visit from Marstons

it would kill Collectica's pig.

Before the bailiff had a chance to take its virginity? msl:

[Pepperpot]

Re: Visit from Marstons

It's so frustrating I just want to pay the fine off but don't have the funds to hand I might make a token payment online and then another in a week or so! I did this in January they wrote back and said the money has been forwarded to the collection agent and that future payments should be made to them. If I do this at least I'm not paying their fees?

[bluebottle]

Re: Visit from Marstons

Before the bailiff had a chance to take its virginity? msl:

You're so subtle, Cloggy.

[bluebottle]

Re: Visit from Marstons

It's so frustrating I just want to pay the fine off but don't have the funds to hand I might make a token payment online and then another in a week or so! I did this in January they wrote back and said the money has been forwarded to the collection agent and that future payments should be made to them. If I do this at least I'm not paying their fees?

That appears to contradict what they have told you recently. What have they now told you to do? If it is "Sit tight and wait to be called before the court," then make sure you have the name of the person who told you that and, just to be sure, ask them to email that instruction to you. That way, they cannot argue later. If they won't, then it may be a case of escalating to the next level of management.

[CleverClogs]

Re: Visit from Marstons

You're so subtle, Cloggy.

Too subtle, perhaps?