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I think I've read literally every case on every forum and still... still can't find an answer to these questions. I hope someone can help, for the sake of my sanity.
I'll cut to the chase.
I was fined £120 for no TV license at my previous address. This dated back to 2007 and I had no idea it was outstanding. When I received this letter (from Magistrates) I paid £60 of it immediately.
I intended to pay the second half of the fine a week later. I genuinely thought I did. I obviously forgot to.
Next correspondence was from Marston. I was told I now owed the £60 plus £85 admin fee.
I immediately rang the courts and told them of my mistake and that I was not aware it had not been paid.
They told me that, upon receipt of my £60, they had extended my time to pay by a number of days. I asked why I was not informed of this and why nobody sent me a reminder for the amount outstanding or a receipt for what I had paid, before handing over to Marston.
I was told they were not obligated to do that.
I offered to pay them the £60 but they refused and said it was now the business of Marston.
I sought advice from a number of places, one of which told me that if I paid my fine direct to the court, the warrant would be expunged. So, I paid the remaining £60 direct to the court.
I then received a letter from the magistrates telling me they had received my payment, and that it had been credited against my account. But because it had already been passed over to Marston, they would deduct that amount outstanding on the distress warrant, which, at that exact time, was £145 (£60+£85) leaving me with the £85 admin fee to pay.
Then, I was visited by a bailiff. I opened the door and he issued me with a notice saying I now owed £360; £60+85+215 for his fees and that it was within his power to return with a locksmith if I didn't pay.
I told him I'd paid the fine direct to the court. He went away, talked to the courts, and came back to tell me I still had to pay the whole balance, only minus the 60 I'd paid to the court.
Now... and this is where my head is really battered by it all.... regarding the paying of the fine to the court expunging my warrant - I have now come to believe that there is real ambiguity regarding this, and every single person I have spoken to has given me different accounts regarding what might happen.
It seems that if I go down the route of blatantly ignoring them, I will have to put up with the threat of harrassment, locksmiths, etc, until the warrant expires... I believe this is 6 months.
What I really want to know is whether there's been anything during this procedure which would warrant me getting this returned to pre-enforcement stage.
The reason I ask is because:
1. Nobody from the court service means tested me before issuing me with the demand. Is it their obligation to do so, or do I have to ask?
2. With regard to me paying them £60 of the original fine, before it was handed to Marston:
(i) should I have been issued with a receipt?
(ii) Should I have been made aware of the new time frame in which I had to pay?
(iii) Should I have had a further letter explaining that my case would be handed to a debt collection agency?
3. With regard to me paying the remaining £60 after it had been handed to Marston:
(i) should Marston have sent me a revised invoice with the correct amount I had to pay? (ie not the £145 but the £85 which was now remaining) - bear in mind on the initial invoice I was told I had to pay the entire sum within 7 days, but I made the £60 payment within that time-frame.
(ii) Should a Bailiff have been instructed AFTER the whole of the court fine had been paid? In other words, the bailiff, at that point, was acting to retrieve only the admin fee, not the actual court fine.
I just want some clear answers regarding these specific points, because, for the life of me, I can't seem to get them anywhere.
Does anyone on here think I have any case to call into question the conduct at any point throughout this whole matter?
If not, what would you advise from this point. Marston's Bailiff is still pushing for the £300.
Thanks very much in advance.
I'll cut to the chase.
I was fined £120 for no TV license at my previous address. This dated back to 2007 and I had no idea it was outstanding. When I received this letter (from Magistrates) I paid £60 of it immediately.
I intended to pay the second half of the fine a week later. I genuinely thought I did. I obviously forgot to.
Next correspondence was from Marston. I was told I now owed the £60 plus £85 admin fee.
I immediately rang the courts and told them of my mistake and that I was not aware it had not been paid.
They told me that, upon receipt of my £60, they had extended my time to pay by a number of days. I asked why I was not informed of this and why nobody sent me a reminder for the amount outstanding or a receipt for what I had paid, before handing over to Marston.
I was told they were not obligated to do that.
I offered to pay them the £60 but they refused and said it was now the business of Marston.
I sought advice from a number of places, one of which told me that if I paid my fine direct to the court, the warrant would be expunged. So, I paid the remaining £60 direct to the court.
I then received a letter from the magistrates telling me they had received my payment, and that it had been credited against my account. But because it had already been passed over to Marston, they would deduct that amount outstanding on the distress warrant, which, at that exact time, was £145 (£60+£85) leaving me with the £85 admin fee to pay.
Then, I was visited by a bailiff. I opened the door and he issued me with a notice saying I now owed £360; £60+85+215 for his fees and that it was within his power to return with a locksmith if I didn't pay.
I told him I'd paid the fine direct to the court. He went away, talked to the courts, and came back to tell me I still had to pay the whole balance, only minus the 60 I'd paid to the court.
Now... and this is where my head is really battered by it all.... regarding the paying of the fine to the court expunging my warrant - I have now come to believe that there is real ambiguity regarding this, and every single person I have spoken to has given me different accounts regarding what might happen.
It seems that if I go down the route of blatantly ignoring them, I will have to put up with the threat of harrassment, locksmiths, etc, until the warrant expires... I believe this is 6 months.
What I really want to know is whether there's been anything during this procedure which would warrant me getting this returned to pre-enforcement stage.
The reason I ask is because:
1. Nobody from the court service means tested me before issuing me with the demand. Is it their obligation to do so, or do I have to ask?
2. With regard to me paying them £60 of the original fine, before it was handed to Marston:
(i) should I have been issued with a receipt?
(ii) Should I have been made aware of the new time frame in which I had to pay?
(iii) Should I have had a further letter explaining that my case would be handed to a debt collection agency?
3. With regard to me paying the remaining £60 after it had been handed to Marston:
(i) should Marston have sent me a revised invoice with the correct amount I had to pay? (ie not the £145 but the £85 which was now remaining) - bear in mind on the initial invoice I was told I had to pay the entire sum within 7 days, but I made the £60 payment within that time-frame.
(ii) Should a Bailiff have been instructed AFTER the whole of the court fine had been paid? In other words, the bailiff, at that point, was acting to retrieve only the admin fee, not the actual court fine.
I just want some clear answers regarding these specific points, because, for the life of me, I can't seem to get them anywhere.
Does anyone on here think I have any case to call into question the conduct at any point throughout this whole matter?
If not, what would you advise from this point. Marston's Bailiff is still pushing for the £300.
Thanks very much in advance.
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