Help marstons charged £403

[shaz]

Hi everyone.
This is my first post here.
A quick guide first, I got a fine from court for £195.00 back in March 2012 which I paid in December 2012 after I got a letter from Marstons with added charge of £85.00,but I paid direct to the court the amount of £195.00 on advice of this Forum.
I got a letter from HM Courts&Ttibunals Service to say all payments should be made to Marstons etc(its a standard letter).
Then I got a visit from Mr Kendall from Marstons on 25.1.2013 who put a "postcard" through the letter box with figure written on the back of card.. £495 - £195 rejected court payment).On Monday 4th feb 2013 I got a phone call from My accountant telling me that Mr Kendall phoned him inquiring about me?on the same day I sent an email to Marstons asking for some details about total charges warrant etc. I got a reply from Marstons on 07.01.2013 by email and the sent me a complaint form (which I didnt request)but got none of the information I requested,so I sent another email on 07.01.2013 requesting details again.
Then this morning on 08.02.2013 at 6am I get a knock on my door from Mr Kendall from Marston with two police officers and a lock smith!! and explained to me who he was etc and I told him I sent few emails requesting details which he didnt want to know,anyway he had the locksmith so I said I wanted to record this and I asked him why he is here .he said to collect the court fine...i said its already paid and he replied the court rejected the fine and it was passed to Marstons. so I asked him are you here to collect your fees or court fine?? his reply..The court passed the payment of £195 to us and we will take our charges out first and then pay the court.
I paid £403 in total (£300 marstons fee £103 for locksmith.
HOW DO I GET THESE CHARGES BACK???
THANKS

[pepsie]

Re: Help marstons charged £403

Hi everyone.
This is my first post here.
A quick guide first, I got a fine from court for £195.00 back in March 2012 which I paid in December 2012 after I got a letter from Marstons with added charge of £85.00,but I paid direct to the court the amount of £195.00 on advice of this Forum.

Can you direct us to where this was said please?

[shaz]

Re: Help marstons charged £403

Hi
I cant really remember but it was some thing like this...always pay your fines direct to the court.

[enaid]

Re: Help marstons charged £403

Did you use a different user name and account as it looks like you have only just joined and this is your very first post.

[shaz]

Re: Help marstons charged £403

another interesting twist,Mr Kendall told me this morning that the payment I made to the court for the amount of £195.00 was REJECTED and returned to MARSTONS, I have just phoned the court and confirmed with them that they have received my payment of £195.00 and its cleared, and I have been advised YES they have received my payment and its with the COURT and NOT Marstons.
The whole incident was recorded this morning on my phone which inc Mr Kendall saying he is here to collect the court fine(which already has been paid).

[shaz]

Re: Help marstons charged £403

No I havent used this forum before but have searched here prior to my first post today.

[pepsie]

Re: Help marstons charged £403

Are you sure it was here and not somewhere else? We may advise that with Council Tax as that is a different process.

[bluebottle]

Re: Help marstons charged £403

Hi Shaz,

Could you advise which police force area you live in, please? Also, have you asked the court to confirm if they authorised Mr Kendall and Marstons to force entry to your home? It sounds very much to me that Mr Kendall has been very economical with the actualities where the police are concerned and has mislead them. My suspicion and gut-feeling is that you have been defrauded.

[shaz]

Re: Help marstons charged £403

I really don't remember it could well have been. does effect the case (original fine was for using a mobile phone while driving)

[shaz]

Re: Help marstons charged £403

Its Lancashire police. the police officer were from Colne police station Lancashire. I haven't asked the court if they authorized the Mr Kendall to force entry.
I was still waiting for a reply from marstons on the following information..

Dear Customer services

Thank you for your reply to my email.


You have not provided me with information I requested in my last email.


Can you please provide me the following details as requested earlier within 7 days.


.

This includes, but is not necessarily limited to the following:

a. the time and date of any bailiff action that incurred a fee or charge.
b. the reason for the fee or charge.
c. the name(s) of the bailiff(s) that attended on each occasion a fee was charged.
d. the name(s) of the Court(s) at which the Bailiff(s) was/were Certificated.
e. the date of certification.
f. the initial balance, and any amount currently outstanding on the account.
g.the original amount the magistrate granted against me.

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information

[bluebottle]

Re: Help marstons charged £403

Its Lancashire police. the police officer were from Colne police station Lancashire. I haven't asked the court if they authorized the Mr Kendall to force entry.
I was still waiting for a reply from marstons on the following information..

Dear Customer services

Thank you for your reply to my email.


You have not provided me with information I requested in my last email.


Can you please provide me the following details as requested earlier within 7 days.


.

This includes, but is not necessarily limited to the following:

a. the time and date of any bailiff action that incurred a fee or charge.
b. the reason for the fee or charge.
c. the name(s) of the bailiff(s) that attended on each occasion a fee was charged.
d. the name(s) of the Court(s) at which the Bailiff(s) was/were Certificated.
e. the date of certification.
f. the initial balance, and any amount currently outstanding on the account.
g.the original amount the magistrate granted against me.

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information

Thank you for that, Shaz. You need to contact the Enforcement Manager at Colne Magistrates Court and ask them to confirm if they authorised Marstons and Mr Kendal to force entry to your home. Bailiffs collecting fines on behalf of HMCTS can only force entry where a fine defaulter is persistently avoiding paying the fine and the court has given written authorisation for forced entry. If they haven't, Lancashire Constabulary are not going to be very happy bunnies with Mr Kendall or Marstons and neither, do I suspect, will you be, because it means he has defrauded you out of £318.

Why is this?

You paid the court direct, which means the fine is paid. All Marstons can lawfully collect is the £85 administration fee. His visit with the locksmith and police was both vexatious and malicious. If it were me, if the court confirm Mr Kendall and Marston did not have authority, I would slap in a claim for £318 against him and Marstons asap.

[shaz]

Re: Help marstons charged £403

thank you Bluebottle
I will be visiting Burnley Magistrates court today to see the manager as it was issued from Burnley not Colne to see if they authorized Marstons and or Mr Kendall for force entry in to my house.
I have only had one visit from Mr kendall prior to this morning which was on 25.01.2013 and the fine was paid well before this on 17.12.2012 and I have also been in contact with Marstons as well,so I wasn't persistently avoiding paying the fine.
I will update again later this afternoon once I have been to see the court manager.
Thank you for your advise.

[bluebottle]

Re: Help marstons charged £403

Thank you, Shaz. You will need to see the Enforcement Manager, not the Court Manager, when you go to Burnley Magistrates Court. The Enforcement Manager is the person who is responsible for sending out warrants to Marstons and ensuring they don't overstep the mark, or are supposed to ensure they don't overstep the mark. You should also not discount the fact that Mr Kendall and Marstons may have lied to the Enforcement Manager. If this does prove to be the case, the matter may need to be taken further.

[ploddertom]

Re: Help marstons charged £403

another interesting twist,Mr Kendall told me this morning that the payment I made to the court for the amount of £195.00 was REJECTED and returned to MARSTONS, I have just phoned the court and confirmed with them that they have received my payment of £195.00 and its cleared, and I have been advised YES they have received my payment and its with the COURT and NOT Marstons.
The whole incident was recorded this morning on my phone which inc Mr Kendall saying he is here to collect the court fine(which already has been paid).

Please note that with fines the monies collected are to be paid towards the fine first and any remainder can then be put to any fees.

[shaz]

Re: Help marstons charged £403

Hi
just been to Burnley court to see Enforcement Manager but was refused to see him,no reasons given but my questions were writen down and put forward.
after 2hours i get a phone call from the court confirming...
The court had received my payment.
It was not rejected as claimed by Mr Kendall
The payment was kept by the court and Marstons advised but no payment from court was sent to Marsden as claimed by Mr Kendall.
The court didnt answer my last question which was...
Has the court issued a warrant for force entry?, the reply was first that Marsden have to apply for a warrant but then I was yold they dont require a warrant for force entry as MAGISTRATES DISTRESS WSRRANT gives the right to FORCE entry to Marstons!?.
in other words the court have washed there hands off clean.
I still believe Marston required a warrant for Force entry which took place this morning.