Marston harrassment for court fine already paid!!

[Qpips]

Hi there, Apologies for the long post I wonder if anyone can help me?

My husband had a speeding ticket a while ago, due to redundancy and a bereavement and a whole host of problems he overlooked paying the fine and it went to court and duly ended up being about £560. We were granted time to pay and were paying £50 per month until December. On 17 Jan I paid the fine in full - (Albeit a couple of days late)We then received a very threatening letter from Marsdens dated 28/01/13 saying they were going to force entry to our property and retrieve goods to sell at private auction, and that the amount was £760!!

My husband called them and told them it had been paid, and they said they would call back - which they did! They left a message on his answer machine to say no money was ever paid and this matter was now very urgent.My husband tried to call the courst all day yesterday (I dread to see the phone bill) but could not get through..He then told Mr Munro that he had proof we have paid, via our bank statement. The lovely Mr Monroe said it wasn't as simple as that and there was a warrant out for his arrest!!!!He told my husband He needed to sort it out with the courts and my husband had to take the day of work to try to call the courts..

Anyway, we called mr Monroe back and he said he would get back to us - that was 02/02/13. /we heard nothing, so presumed it was all over, how wrong we were!!

On 3rd April at 6.30 in the morning they clamped our car and would not leave until we had paid £300!! Even though we had paid the court this was for Fees! Fees for what? This is the first we have heard, since January and they just show up, clamp our car and demand £300 within the hour - for fees!! Can they do this? Anyway we had to use our car to get to work so we had to empty ours and our sons bank account to pay in cash because he said if we didnt pay they would impound our car and it would cost much much more! We were only alble to take 250 per day out of our account and he would not take this! we then had to borrow £50 from a family member. I now have NO money to feed my family until the end of the month!

I am unable to get through to the courts to verify payment dates, and when they sent the debt to Marstons.

[ploddertom]

Re: Marston harrassment for court fine already paid!!

Before paying it off in full, what date did you make the payment before? Did you ever receive a Further Steps Notice from the Court?

[Qpips]

Re: Marston harrassment for court fine already paid!!

The last payment was November - around the 24th (I Think) Nothing further was received from the court... They did not even acknowledge our final payment. The first we heard was the final warning from Marstons on 28th Jan. Been trying in vain to contact the court to see what date it was passed to Marston's

[bluebottle]

Re: Marston harrassment for court fine already paid!!

What part of the UK did this happen in?

[Qpips]

Re: Marston harrassment for court fine already paid!!

Liverpool.

[ploddertom]

Re: Marston harrassment for court fine already paid!!

What part of the UK did this happen in?

Liverpool.

Wonder if this ties in a bit with that other one http://www.legalbeagles.info/forums/...-home-wreckers!!!!

[bluebottle]

Re: Marston harrassment for court fine already paid!!

There are two routes by which this can be progressed, PT. One is via Gareth Hughes, CEO of Marstons, or Head of Enforcement Operations (North) at HMCTS. Marstons have form for this questionable practice of enforcing after a fine has been paid in full. I am of the opinion that the clamping and visit to apply the clamp were unnecessary and was carried out purely to obtain the £215 Visit Fee.

Qpips,

Which court imposed the fine and was your OH's means examined by the court before the fine was increased to a silly amount? This is a legal requirement as well as the Further Steps Notice.

[Qpips]

Re: Marston harrassment for court fine already paid!!

Hi, no that is not connected to me, but it is quite similar..

[Qpips]

Re: Marston harrassment for court fine already paid!!

Thanks for your help! No, as far as I am aware hubbys means were never tested - although due to the various issues we were facing at the time I cannot be sure. The court that imposed the fine was Merseyside Magistrates court. I have emailed Marstons for a breakdown of fees. They left me a "Distress Warrant" on Marstons headed paper dated 02/04/13 which lists amount outstanding as £300 HMCS/HMRC fee shedule elow lists 1. Compliance fee (1) £85 2. Attendance Fee (2) £215. Total £300

[Qpips]

Re: Marston harrassment for court fine already paid!!

Just read "Best way to deal with Baliff's looks like I broke almost every golden rule..

[bluebottle]

Re: Marston harrassment for court fine already paid!!

Thanks for your help! No, as far as I am aware hubbys means were never tested - although due to the various issues we were facing at the time I cannot be sure. The court that imposed the fine was Merseyside Magistrates court. I have emailed Marstons for a breakdown of fees. They left me a "Distress Warrant" on Marstons headed paper dated 02/04/13 which lists amount outstanding as £300 HMCS/HMRC fee shedule elow lists 1. Compliance fee (1) £85 2. Attendance Fee (2) £215. Total £300

A couple of things, Qpips -

1. Merseyside Magistrates Court is not an actual magistrates court. It is the Cheshire & Merseyside Enforcement Centre. You need to look on the receipt the charming Mr Monroe left you for the name of the court that imposed the fine. It is likely to be one of the magistrates courts within the Liverpool area.
2. The "Distress Warrant" Marstons have knocked-out on Microsoft Word isn't worth the paper it is printed on. They are Mickey Mouse documents. The actual Distress Warrant, as issued to Marstons by the court that issued it, looks completely different. Insist that Marstons provide you with a certified copy of the actual Distress Warrant as issued to them by the court and also ask to see a certified copy of the Clamping Order Mr Monroe should have had in order to legitimately clamp your car. Any refusal on the part of Marstons should be regarded as reasonable cause to suspect they have not followed correct procedures.
3. Just be aware that there are people higher up the tree than Mr Monroe and magistrates court staff who can excrete on them from a great height.

If you need any further guidance, post up.

[Qpips]

Re: Marston harrassment for court fine already paid!!

Thanks Bluebottle. The final Notice from Mr Monro states the client as HMCTS Liverpool - That is all I have. It was a different baliff who clamped our car - a Mr Cox..The Mikey Mouse paperwork states the distress notice is dated 03/08/12

[bluebottle]

Re: Marston harrassment for court fine already paid!!

Thanks Bluebottle. The final Notice from Mr Monro states the client as HMCTS Liverpool - That is all I have. It was a different baliff who clamped our car - a Mr Cox..The Mikey Mouse paperwork states the distress notice is dated 03/08/12

If the date on their Mickey MOuse Distress Warrant says 03/08/12, then, potentially, Marstons have acted ultra vires ab initio. Magistrates Court Distress Warrant are valid for 180 days from the date of issue, roughly, six months, which was up in February of this year. It is vitally important that you or your OH speak to the court asap and find out the following -

1. The date the Distress Warrant was issued to Marstons by the court of issue;
2. Whether Marstons returned the Distress Warrant to the court of issue on or after its 180-day expiry date;
3. Whether the court re-issued and renewed the Distress Warrant once it had expired;
4. The date the court informed Marstons the fine had been paid in full and by what means;

If Marstons have acted on an out-of-date Distress Warrant, the company and the bailiffs involved could be in serious trouble.

[Qpips]

Re: Marston harrassment for court fine already paid!!

We have been trying to contact the court to no avail, I myself was hanging on the line for over an hour and a half on an 0845 number today. (After being passed around from pillar to post)

[bluebottle]

Re: Marston harrassment for court fine already paid!!

We have been trying to contact the court to no avail, I myself was hanging on the line for over an hour and a half on an 0845 number today. (After being passed around from pillar to post)

If you rang Merseyside Magistrates Court, you are wasting your time. Ring around the magistrates courts in the Liverpool area until you establish which court issued the Distress Warrant. Go onto the MoJ website at www.justice.gov.uk and click on "Courtfinder" which should enable you to find a list of the magistrates courts in the Liverpool area.