Marstons bailiffs turned up after court fee was paid

[Awakened one]

Hi,

I do not have a lot of knowledge on these matters and looking for some advice.

To cut a long story short, I received a fine from the magistrates court of £240 as a speeding fine. I was given a set period to pay the fee and as I didn't pay within the 28 days I received a letter stating that if I didn't pay a bailiff 'could' be sent and I 'could' receive certain charges.

I paid the total of £240 on the 2nd May (I have proof of this on my bank statement) which apparently reached the courts on the 6th may. Unbeknown to me, the debt was transferred to Marstons on the 23rd April and they contacted Marstons on the 6th may to let them know that the payment had been received before sending the payment over to them on the 28th may. On the 8th may I received a letter from Marstons stating that it had been transferred to them and that I now owed £315. I contacted both Marstons and the courts to say that I had paid on the 2nd and that the letter was therefore invalid.

I heard nothing else until 2 days ago when me and my family were on holiday in France. I had a voicemail on my phone from a Mr Adamson, 'law enforcement office' who was at my house and had clamped my car. He said that I either had to pay £315 there and then or have my 2007 car towed away and my house broken into by a locksmith and all my possessions taken. I told him we were away and that the only money that I had was to feed the kids and he said that I had no choice. The kids were upset at the prospect of our car and possessions being taken so we paid it over the phone but the children are now living on pasta everyday as we have little money to last us.

My questions are these:

if I paid on the 2nd then surely the letter that they wrote on the 6th was invalid? They were claiming for a debt that did not exist???

Can they take stuff without me being there and without me seeing the warrant?


Many thanks in advance x

[ploddertom]

Re: Marstons bailiffs turned up after court fee was paid

After the Court wrote to asking to bring your account up to date you only get about 10 days in which to comply, they then transfer it to the likes of Marstons and don't have to inform you they have done so.

[Awakened one]

Re: Marstons bailiffs turned up after court fee was paid

But technically Marstons hadn't started their process yet until the 6th of May as that's when they'd written their letter to me. The information written in their letter was incorrect as I'd already paid £240 and they knew that as the courts has informed them on the 6th that I had paid £240?

[Wombats]

Re: Marstons bailiffs turned up after court fee was paid

The debt was transferred to Marstons on April 23rd, so that is when the Compliance Stage started, and the £75 compliance fee was added to your debt of £240 to make the £315. If you have proof you paid the £240, then you still owe Marstons £75.00.

[Awakened one]

Re: Marstons bailiffs turned up after court fee was paid

Should they not have contacted me stating that I still owed them £75. And my other issue - can they take my stuff without me even being there to see the warrant??

[Wombats]

Re: Marstons bailiffs turned up after court fee was paid

No, they can't take your stuff without you being there. They'd already informed you that you owed £75, so why would they inform you a second time? The only thing that hadn't happened was your payment had not been processed, so it still showed the fine as well. This will have been adjusted now leaving just the £75 outstanding.

[Awakened one]

Re: Marstons bailiffs turned up after court fee was paid

When I received the letter I phoned up and told them that I had paid the £240 on the 2nd of May and that I therefore didn't owe them that amount. I never heard anything back from them then. When I spoke with mr Adamson on the day that he was at my house, I told him that the only money I had with me was to last me to feed my children until I returned home. I wasn't even in the country yet he said that if I didn't pay the full amount there and then, my car would be towed and a he would get a locksmith to break in and he would take my possessions. Given what I told him, was he legally allowed to do that and if not is there anything I can do when I get home?

[Wombats]

Re: Marstons bailiffs turned up after court fee was paid

Complain to the bailiff company. Have you checked to ensure the bailiff is certificated? Can you post up the letter you got from Marstons on May 8th please so we can see it is fully compliant - thanks! :tinysmile_twink_t2:

[Awakened one]

Re: Marstons bailiffs turned up after court fee was paid

I did try to complain but I just got a snotty reply from the lady that I spoke to who told me to put my complaint in writing. Thank you for all of your help. I will put the letter up when I get home as we're still on holiday. It was so frustrating to be in France with a bailif on my door saying 'you have two choices: pay now or we'll take all your stuff'. I didn't have a clue what my rights were and paid it as I can't do my job without my car!

[Milo]

Re: Marstons bailiffs turned up after court fee was paid

The debt was transferred to Marstons on April 23rd, so that is when the Compliance Stage started, and the £75 compliance fee was added to your debt of £240 to make the £315. If you have proof you paid the £240, then you still owe Marstons £75.00.

This is correct. The Compliance fee is applied once the account is passed to the enforcement company. It is worth checking the Further Steps Notice to see how many days late you were in paying the debt to the court.

The letter from Marston Group will have a date of issue and the date and time when payment must be made by. When you return home could you post up details of the dates for each of the above notices.

[doubleslap2]

Re: Marstons bailiffs turned up after court fee was paid

I'm afraid, Awakened One, that both Milo & Wombats will continue to press you to make the payment. As far as I can see, Marstons sent a letter out to you after you paid the fine, ergo they chased you for something you no longer owed. Tell them to stuff it.

[Amethyst]

Re: Marstons bailiffs turned up after court fee was paid

Should there not be a refund in this case as the £315 was paid by card to the bailiff while the OP was on holiday, and they had already paid the £240 court fine. Or do they have to bear the 2nd stage fee as well as the £75 even though the bailiffs were informed of the payment before enforcement stage?

[bizzybob]

Re: Marstons bailiffs turned up after court fee was paid

Should there not be a refund in this case as the £315 was paid by card to the bailiff while the OP was on holiday, and they had already paid the £240 court fine. Or do they have to bear the 2nd stage fee as well as the £75 even though the bailiffs were informed of the payment before enforcement stage?

It is egregious and obnoxious if that is so.

[MissFM]

Re: Marstons bailiffs turned up after court fee was paid

Should there not be a refund in this case as the £315 was paid by card to the bailiff while the OP was on holiday, and they had already paid the £240 court fine. Or do they have to bear the 2nd stage fee as well as the £75 even though the bailiffs were informed of the payment before enforcement stage?

Yes, there should (be a refund). The OP has (if I understand correctly) paid the fine twice.

I paid the total of £240 on the 2nd May (I have proof of this on my bank statement) which apparently reached the courts on the 6th may.

He said that I either had to pay £315 there and then or have my 2007 car towed away and my house broken into by a locksmith and all my possessions taken. I told him we were away and that the only money that I had was to feed the kids and he said that I had no choice. The kids were upset at the prospect of our car and possessions being taken so we paid it over the phone

The 2nd payment includes the £75 first stage fee - the only fee due.

[Kati]

Re: Marstons bailiffs turned up after court fee was paid

Should there not be a refund in this case as the £315 was paid by card to the bailiff while the OP was on holiday, and they had already paid the £240 court fine. Or do they have to bear the 2nd stage fee as well as the £75 even though the bailiffs were informed of the payment before enforcement stage?

I agree - a refund is definitely needed here