Marstons Removal Division letter regarding Magistrates Court fine

[Tolo1dog]

My boyfriend was fined in the Magistrates Court for driving offences. He got behind with payments and has received two Further Steps Notices, which he dealt with. The final one, with a balance of £145, was paid on Oct 1st 2012, online, to the court, but it was 14 days late. He heard nothing further until the 17th January when a letter was hand delivered from Marston's Removal Division, stating that he owed £445 and they could use locksmiths in his absence. Naturally, he called Marstons and said his fine was paid. He was told to get proof from the court of his payment, which he did. After another call to Marston's they said that the amount owed was £145 fine + their fees of £300. Whilst it is correct that he was late in paying, he was never informed by the court that they had passed the matter over to Marstons and they accepted the payment, apparently after the warrant was issued. Marstons say that someone attended his property on 14th January. We were both at his flat all that day, and nobody came, and there was no note to advise of this visit left. They also wouldn't name the bailiff and said this was a criminal debt. He called the court who told him that he should pay the fee. I understand that £215 was for attendance, which I would happily swear in court never happened. The only communication he has received is the letter dated 17th January. It would appear that the court failed to inform Marstons when the final payment had been made. What would you advise?

[MissFM]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Hi Tolodog

Welcome and you have come to the right place (just not the right person yet lol). There are experts in this here and one will be along to help you as soon as

[gravytrain]

Re: Marstons Removal Division letter regarding Magistrates Court fine

I am given to understand that these fees are only chargeable(if at all) when incurred by the collection of the fine.
Since the fine had already been paid the are not due.
Certainly they cannot levy goods or break into you home to secure payment.

[bluebottle]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Marstons should not even be involved in this matter as the fine has already been paid. The time-lapse between 01/10/12 and 17/01/13 means HMCTS had plenty of time to inform Marstons. This needs to be pursued with the HMCTS Enforcement Manager for your local area. Enquire with the court that imposed the fine as to the Enforcement Manager's office telephone number. If they refuse to provide you with this, ask for the Area HMCTS Contracts Manager's office telephone number for your local area and escalate the matter. Could you indicate who your local police force is, please?

[CleverClogs]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Marstons should not even be involved in this matter as the fine has already been paid. The time-lapse between 01/10/12 and 17/01/13 means HMCTS had plenty of time to inform Marstons. This needs to be pursued with the HMCTS Enforcement Manager for your local area. Enquire with the court that imposed the fine as to the Enforcement Manager's office telephone number. If they refuse to provide you with this, ask for the Area HMCTS Contracts Manager's office telephone number for your local area and escalate the matter.

It's worse than that - the last payment was 14 days late when it was paid, on 01/10/12.

That means there was a period of nearly four months before Marstons allegedly first visited and no previous letter seems to have arrived, even if one had been sent.

The contract framework document (attached) requires Marstons to make contact by letter within one month of receiving the warrant and, if the warrant remains unexecuted after 90 days, they are supposed to notify the court. However, the distress warrant remains valid for 180 days.

Could you indicate who your local police force is, please?

What's the betting the local police farce will be Sussex?

[bizzybob]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Not looking too good for marstons then...

[gravytrain]

Re: Marstons Removal Division letter regarding Magistrates Court fine

stating that he owed £445 and they could use locksmiths in his absence.

As a minor point, even if they could levy goods they could not force entry without the debtor being on the premises, the DVCVA 2004 does not empower them to do so.

[bluebottle]

Re: Marstons Removal Division letter regarding Magistrates Court fine

As the fine has already been paid, I doubt very much Marston have grounds to do anything.

[CleverClogs]

Re: Marstons Removal Division letter regarding Magistrates Court fine

As the fine has already been paid, I doubt very much Marston have grounds to do anything.

When has that been known to stop them?

[bizzybob]

Re: Marstons Removal Division letter regarding Magistrates Court fine

When has that been known to stop them?

Not until hell freezes over will the clowns cease and desist. Court needs to get a grip and call marstons off before the marstons thug gets a grip of someone's throat, and remember it may not even be the debtor's throat he grips.

[kanine]

Re: Marstons Removal Division letter regarding Magistrates Court fine

When has that been known to stop them?

You can say that again..........and again

[wales01man]

Re: Marstons Removal Division letter regarding Magistrates Court fine

As seen on the sheriffs are coming tv programme the only ones to stop bailiffs in their tracks is someone bigger uglier balder and thicker than them trouble they are hard to find ?

[Tolo1dog]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Marstons should not even be involved in this matter as the fine has already been paid. The time-lapse between 01/10/12 and 17/01/13 means HMCTS had plenty of time to inform Marstons. This needs to be pursued with the HMCTS Enforcement Manager for your local area. Enquire with the court that imposed the fine as to the Enforcement Manager's office telephone number. If they refuse to provide you with this, ask for the Area HMCTS Contracts Manager's office telephone number for your local area and escalate the matter. Could you indicate who your local police force is, please?

The local force is Devon & Cornwall Constabulary.

[wales01man]

Re: Marstons Removal Division letter regarding Magistrates Court fine

I think Bluebottle knows of this police force

[Tolo1dog]

Re: Marstons Removal Division letter regarding Magistrates Court fine

It's worse than that - the last payment was 14 days late when it was paid, on 01/10/12.

That means there was a period of nearly four months before Marstons allegedly first visited and no previous letter seems to have arrived, even if one had been sent.

The contract framework document (attached) requires Marstons to make contact by letter within one month of receiving the warrant and, if the warrant remains unexecuted after 90 days, they are supposed to notify the court. However, the distress warrant remains valid for 180 days.


What's the betting the local police farce will be Sussex?

Thanks for the info on the Contract. I