Do I Have To Pay?

[trekbike]

HI, hoping for a little help here sorry to jump on another tread but can't seem to start my own.

I get a letter from Marstons saying I owe £135 in court fine however I paid a few days earlier online to the court. Marstons want £75 for this letter Then I get a letter from the court saying thanks for the £135 but we have forwarded the money to Martons and you still owe us £135. Marstons then send a man around the house wanting £310 fee even though I have paid the court the £135. these fees seem unlawful as I have paid the fine. if the court forward the money to Marstons that is up to them right?please help they are wanting fees on a fine I have paid. what should I do? thank you.

[bluebottle]

Re: Help marstons charged £403

The fees you mention are supported by legislation. Unfortunately, you have to pay the £310 and this should be paid directly to Marstons.

[Wombats]

Re: Help marstons charged £403

Hi Trekbike,

There is a real issue over this at the moment due to the loose wording in the new regulations. My opinion is that should anyone take this to court they would have to pay it. I have yet to see any definitive evidence to the contrary published, though I know knowledgeable people on here such as The Starving Taxpayer may provide links to some where they say they have succeeded in getting the fees waived.

I have little doubt that before too long a SI will come out plugging this potential loophole. Meanwhile, you need to be aware the spirit of the law is that the fees should be payable. There is an argument, potentially a strong one depending on your viewpoint, which states the fees are not payable. Only you can decide which route you wish to take, and to be honest, if you decide you want to challenge the fees, there are websites out there which have far more claimed experience of doing this successfully. I can also see both sides of the argument very clearly.

If you decide to expose yourself to further risk by challenging the fees, good practice always dictates that you should ask to see definitive proof of anything claimed - if you're happy with this, I wish you the very best of luck.

My view, for what it is worth, is there is a potential loophole, but it would not withstand scrutiny. If anyone gets away with not paying the fees by attempting to exploit this, I'm as happy for them as they are! However, I still believe the fees are payable.

[Guest]

Re: Do I Have To Pay?

Regardless of whether it is lawful or not, the court should only have forwarded £75 to Marstons. The OP should be onto this straight away & find out what the court are playing at.

EDIT - I would be interested to read how anyone could explain that the £135 was "the proceeds of enforcement" when the debtor didn't even know that enforcement action was taking place at the time he paid.

[trekbike]

Re: Do I Have To Pay?

I have foolishly paid the £310 fees to Marstons even though the court did not send the fine money over to Marstons they kept it. therefore me paying the fine in full without the aid of marstons. these bullies should be stopped. I was lucky I have a credit card to pay even though I feel robbed. it's other people who can't access ways to pay. Marston fees were more than the court fine itself. I really don't know how these people can justify the fees. Marstons web site makes them look like they are here to help. thanks guys but seems my fight for justice has been beaten and these Marston people will continue to bully the weak. wish I could do something to get the fees back or at least the £240 fee for the hand posted letter as I had paid the fine and the court had not forwarded the money to Marstons meaning I had paid in full without the need of Marstons. Any fees I could get back would go to charity rather than let them keep the money for nothing. bullies. thanks for a great service here anyway. it hurts knowing these people rob people day in day out.

[Guest]

Re: Do I Have To Pay?

There was no right or wrong way to deal with this and you needed to weigh up peace of mind against saving £310.

The court were correct in not sending the money paid over to Marstons but Marstons were still entitled to collect for their fees. As it transpired, they didn't have to as you paid them voluntary in any case. Ironically, if you had not paid, Marstons could not have added any more fees, no matter how many more times they visited PROVIDED they were not allowed entry to the home or were able to take control of a vehicle. People stating that it will end up costing a debtor more by refusing to pay sadly do not know what they are talking about.

The lesson to be learnt here is the importance of dealing with these debts or at least communicating. If the OP had contacted Marstons after receiving the Compliance letter, it is probable that the £235 enforcement fee could have been avoided.

& Wombats-I do not look for "loopholes" or "magicians choices". I look for fair and honest application of legislation, something that still appears to be sadly lacking from many Enforcement Agencies and creditors alike.

[bluebottle]

Re: Do I Have To Pay?

There was no right or wrong way to deal with this and you needed to weigh up peace of mind against saving £310.

The court were correct in not sending the money paid over to Marstons but Marstons were still entitled to collect for their fees. As it transpired, they didn't have to as you paid them voluntary in any case. Ironically, if you had not paid, Marstons could not have added any more fees, no matter how many more times they visited PROVIDED they were not allowed entry to the home or were able to take control of a vehicle. People stating that it will end up costing a debtor more by refusing to pay sadly do not know what they are talking about.

The lesson to be learnt here is the importance of dealing with these debts or at least communicating. If the OP had contacted Marstons after receiving the Compliance letter, it is probable that the £235 enforcement fee could have been avoided.

& Wombats-I do not look for "loopholes" or "magicians choices". I look for fair and honest application of legislation, something that still appears to be sadly lacking from many Enforcement Agencies and creditors alike.

My thoughts, too, ST. I suspect the only way in which the tide will be turned is for the Judiciary to grow some backbone and slap a creditor with a high value claim with an order barring them from enforcing a CCJ or HC writ for not keeping their enforcement agent(s) under control.

[Wombats]

Re: Do I Have To Pay?

Hear Hear! Agree with nearly everything there - all good! :beagle:

[sloane82]

Re: Do I Have To Pay?

Sorry what was the fine for?.

[Wombats]

Re: Do I Have To Pay?

The post is dead I think now 21535591. There have been no posts for several months.

[sloane82]

Re: Do I Have To Pay?

Ok cheers.