Marston harrassment for court fine already paid!!

[Qpips]

Re: Marston harrassment for court fine already paid!!

2013

[CleverClogs]

Re: Marston harrassment for court fine already paid!!

2013

At least they were current.

[Qpips]

Re: Marston harrassment for court fine already paid!!

If the date on the warrant is 19th April, does that not mean it is still active? (Even though I have paid)

[bluebottle]

Re: Marston harrassment for court fine already paid!!

Marstons copy of any "alleged Warrant" I believe is to give credence to their claim of the charges they make, which are listed on their document but not the "true" one.

Trouble is, PT, Marstons "Distress Warrants" are not legal documents as they as not "as issued" by the court. I am looking into this by way of a FOIA request.

Qpips,

On what date was the fine paid and on what date did the court issue the Distress Warrant to Marstons? If it was paid PRIOR to the issue of the warrant, it is possible that the warrant is/was invalid. If that does prove to be the case, the enforcement was ultra vires ab initio.

[Qpips]

Re: Marston harrassment for court fine already paid!!

Managed to talk to the court today (At last!!) the only information they would give hubby is that the debt was passed to Marstons on 3rd January. They would not tell hime what date was on the mysterious warrant or when they informed Marstons that we had paid.

BB We paid debt 16th January (came out of bank on 17th) the first date on the mickey mouse warrant is 3rd April.

[Qpips]

Re: Marston harrassment for court fine already paid!!

There is definately somethng amiss, the fee he turned up to collect was only place on the "account" on the day he turned up! So we were basically charged for him attending at that moment!

[Qpips]

Re: Marston harrassment for court fine already paid!!

REAL SEQUENCE OF EVENTS:

03/08/12 Husband received fine of ....£560
22/09/12 Made arrangements to pay courts £50pm
17/10/12 Made payment.................£50
17/11/12 Made payment.................£50
17/12/12 missed payment...............£50 (intended to pay in full in January)
03/01/13 Debt passed to Marstons....£460 (no notification)
16/01/13 Paid courts in full debt paid.£460
28/01/13 Final notice received to pay Marstons £460 for debt, £85 fees £215 attendance fee total £760 from the mysterious Mr Munro (I will swear in court that nobody attended!!)
01/02/13 Phone call to Mr Monro (recorded) to advise him we had paid! after a legnthy conversation he repeatedly told us to "leave it" and he would get back to us if any problems....


ALL QUIET


03/04/13 6:15 am Car clamped by Mr Cox who threatened to remove the car unless we paid £300! Which we did as we had no choice.. He then provided a "version" of the distress warant for £300 dated 03/04/13. P.S dealt with me even though my husband named on warrant - did not request who I was!

NO MONEY FOR FOOD TO FEED FAMILY!!

12/04/13 Email to marston group (thanks to this group)

19/04/13 email received quoting data protection and advising info sent through post.

25/04/13 Recieved the following letter (note the dates are not chronological) with a copy of the same distress warrant that Mr Cox left me BUT dated 19/04/13

"Thank you for your recent correspondence. Please be advised Mr Cox was certified at Liverpool County Court on 13 March 2013 and has an expiry of 12 March 2015. (what about Mr Munro?) Please find a generated copy of the warrant (another copy of the Micky mouse microsoft warrant on Marstons headed paper) In regard to the fees you incurred. These charges have been calculated in accordance with the magistrates court act 1980, and on a scale agreed with the ministry of Justice (MoJ). The breakdown is as follows;-

Fine £460

Compliance Fee 07/01/2013 £85 we had No notice of this!!!

Attendance to remove fee 03/04/2013 £215

Total £760

Payment forwarded from our client 08/02/13 £460 (I paid on 17/01/13)- in any case already paid prior to attendance fee!

Payment received £300

We can confirm that our records show that this case has now been paid in full. As such we will be taking no further action in respect of this matter " Even though they have sent me a warrant for £300 dated 19/04/13!!??!!???

26/04/13 Telephoned court, who would only tell me that Marston received debt on 03/01/13.

26/04/13 emailed Marston group to complain that insufficient data had been provided.

Have I done everything i can now?

[ploddertom]

Re: Marston harrassment for court fine already paid!!

I appreciate I may be going over some old ground here.

03/01/13 - debt passed to Marstons - no notification - they do not have to notify this has been done but the Court must send a Final Steps Notice which should have been sent after 17/12/12 and before 03/01/13 and considering the time of year probably did not do so as they have not allowed sufficient time for it to be acted upon. When were you told it had been passed to Marstons.

16/01/13 - paid fine in full to Court. What method of payment did you use. Why did you pay in full when you had an agreement to pay monthly?

Have you checked to see that the Bailiff Certificated from 13 March 2013 was actually done as a renewal? As for the other one you must be insistent.

[Qpips]

Re: Marston harrassment for court fine already paid!!

Thanks PT my answers are in red below.

I appreciate I may be going over some old ground here.

03/01/13 - debt passed to Marstons - no notification - they do not have to notify this has been done but the Court must send a Final Steps Notice which should have been sent after 17/12/12 and before 03/01/13 and considering the time of year probably did not do so as they have not allowed sufficient time for it to be acted upon. When were you told it had been passed to Marstons. Nothing recieved from courts, first we knew it was passed to Marstons was the letter from Mr Munro on 28/01/13

16/01/13 - paid fine in full to Court. What method of payment did you use. Why did you pay in full when you had an agreement to pay monthly? Paid online each time, I paid in full as I wanted to clear the debt, and we had some extra money after Christmas.

Have you checked to see that the Bailiff Certificated from 13 March 2013 was actually done as a renewal? No, he is not showing on the list how would I know if it was a renewal? As for the other one you must be insistent.

Will do! I am going to escalate the complaint to Gareth Hughes

[bluebottle]

Re: Marston harrassment for court fine already paid!!

You should also consider escalating the court staff's non co-operation through the following escalation procedure -

Stage 1 - Area Enforcement Manager (usually covers a number of courts in a given area)
Stage 2 - Senior Enforcement Manager (covers a region)
Stage 3 - Head of Enforcement Operations (North) (covers north of Birmingham to border with Scotland)[based at Gildersome, Yorkshire] or Head of Enforcement Operations (South) (covers south of Birmingham to Land's End)[based at Southend-On-Sea]
Stage 4 - Director of Enforcement Operations (covers England and Wales)
Stage 5 - Chief Executive, HMCTS.

Hope this helps.

[Qpips]

Re: Marston harrassment for court fine already paid!!

Thanks BB it does! Should I word the complaint as above in Chronological order?

[bluebottle]

Re: Marston harrassment for court fine already paid!!

Thanks BB it does! Should I word the complaint as above in Chronological order?

Any complaint, like a statement of evidence or statement of witness, should detail matters in chronological order.

[Qpips]

Re: Marston harrassment for court fine already paid!!

Great, pity Marstons don't understand that! Just trying to write a letter of complaint, struggling a bit with the wording as my anger and frustration takes over...

[BoroBoy1975]

Re: Marston harrassment for court fine already paid!!

Go on Qpips tell Marston's what you really think of them & that Mr Cox is a F*cking c*nt - it's about time some 1 told them what he really is - if it's the same 1 as my Mr Cox I hope the tw*t gets struck by a bolt of lightening the b*stard & fried alive - dunno as I've said b4 though sh*t doesn't burn does it :tinysmile_cry_t:

[CleverClogs]

Re: Marston harrassment for court fine already paid!!

Mr Cox is a F*cking c*nt

That seems to suggest he has at least one useful function, despite evidence to the contrary.

sh*t doesn't burn does it

It can do after it has been dried. (link)