Marstons bailiff issue, magistrates court fine

[Venner]

Re: Marstons bailiff issue, magistrates court fine

Google street view will let you look at a property and glean details, if the car has been there a while that could be on GSV too.

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

its my dads car, and he's only been there today, so he's been, im almost certain, i'll soon find out when im home of course.

[Guest]

Re: Marstons bailiff issue, magistrates court fine

its my dads car, and he's only been there today, so he's been, im almost certain, i'll soon find out when im home of course.

Ok there is still the issue that they told you the fee had already been added on the phone before he called, if you had known that the fee would not have been added at that point you may have paid and avoided the extra charge, the fee is not due for "passing to enforcement".

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

my wife is home, has been all day, she says nobody has knocked, and theres no note been pushed through. Its by the by really, if I inform them of this, they'll just call tomorrow, and I cant pay in full until friday.

Im drafting a letter to my mp, the ocurt, and marston now, I'll put it in here incase anyone can add anything to it.

thanks for everyones comments so far

[Guest]

Re: Marstons bailiff issue, magistrates court fine

my wife is home, has been all day, she says nobody has knocked, and theres no note been pushed through. Its by the by really, if I inform them of this, they'll just call tomorrow, and I cant pay in full until friday.

Im drafting a letter to my mp, the ocurt, and marston now, I'll put it in here incase anyone can add anything to it.

thanks for everyones comments so far

Not really, if there is no notice, they have not called, all that you owe of this moment is your original bill plus 75 less what you have paid.
They cannot increase this amount until they call,if you can find the balance in the next couple of days and pay them by phone or online you can avoid the extra £235

[Milo]

Re: Marstons bailiff issue, magistrates court fine

I'm sure @Milo will be along at some point soon to give you more advice.

K x

I had not seen this thread until a few moments ago and will respond in full early in the morning. I am sure this matter can be resolved quite simply tomorrow.

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

thanks for the help so far everyone.

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

thanks milo, appreciate it.

ive drafted this letter to send to my mp, the court, and marstons this morning, i wont send until ive heard back.

Im also minded to add in a cover letter to the ocurt, im sure ive been wrongly advised by them (twice now) regarding a means hearing.

3^RD. March, 2015.



CC: Andy Burnham MP, Cheshire and Merseyside Magistrates Court.

Reference; xxxxxxxxxxxxxx


Dear Sir/Madam,

I wish to make a formal complaint re the mishandling of my case and the misinformation given to me by Marstons.

I have a debt of £320 which is being collected by your company on behalf of Cheshire and Merseyside Court for a driving offence plus an additional ‘compliance fee’ of £75 payable to yourselves
.
An agreement was reached in January 2015 to pay the fine in 3 instalments, £150 by end January, £150 by end of February and £95 by end of March.
Your welfare department agreed with the plan because my wife was 8 1/2 months pregnant at the time.

A mistake has been made on the January payment. My wife went to pay it at the bank and she has actually paid the cash to our mortgage account in error, which is our fault entirely.
I was unaware of this until last week. I had been in regular contact with your office, discussing the payment which we thought was missing.

However, during my telephone call on the 17^th February with a lady in your office called Sharon, I was informed that it wasn’t an issue of great importance, as ‘the payment plan is live until end of March anyway’.

I rang again on the 26/2/2015 and spoke to Neil in your office, who informed me that the debt had now increased to £630 because of a “broken arrangement”.
He confirmed during the call that a bailiff had not visited me at this point, so I'm not at all sure how the bill had increased by such a large amount. Perhaps that could be explained to me.
I explained to Neil that I had been told on the 17/2/2015 that the payment plan was live until end of March. He then informed me that this was not the case, and I had been given incorrect information.
Nevertheless, the account was put on hold until today 3/3/2015 whilst this, and the missing payment, were investigated.

The conversation of the 17/2/2015 was recorded, so I asked if a manager in the office could listen to it to verify my point. Amy in your Wales office, has confirmed to me today that I had indeed been told that the plan was live until end of March, but, since I had been sent a letter back in January stating the terms of the payment plan, the fine has in fact increased to £630 and there was ‘nothing could be done about it. (This letter was never received). I was told I ‘must speak to the bailiff’.

I argued that surely the call in March, where I'm specifically told, by a Marstons employee that the payment plan is live until end of March regardless, must count for something. Amy didn’t seem to think it changed anything, and the fine was now £630 and with a bailiff for collection.

I explained I was willing, and able, to pay £395 within the end of March timeframe given, and was again told it was now £630 and to deal with the bailiff.

I then called Mr Cunliffe, the bailiff dealing with the case, at 15:25 on 3/3/2015.
Mr Cunliffe informed me he had attended my property that morning. I explained that I was at home looking after my new born daughter. I had not had a knock on the door, nor a letter through the letterbox to inform me he had attended.
The conversation was very civil and I explained my position clearly to Mr Cunliffe, explaining that I do not own any goods or vehicles due to my past bankruptcy, and that Marstons were in possession of my statutory declaration which backs this up.

I also explained that I am able to pay the fine of £395 within the agreed timeframe. Mr Cunliffe informed me that he could not offer any repayment plan, and that the outstanding balance of £630 had to be paid in full by Friday 6^th.March, and if it was not settled in full on that day then a further fee of £230 would be added to the account for each subsequent visit. I have since discovered that this is simply not true.

I was also told by Mr Cunliffe that he could ‘seize any vehicle I am driving, whether it is mine or not’. This is something else I have discovered to be untrue.
I am making the formal complaint on the basis that I have been misinformed by a member of your staff on 17/2/2015 and again by a bailiff acting on your behalf on the 3/3/2015.
I have sent a letter of this via recorded delivery, to my local MP, Mr Andy Burnham and to Cheshire and Merseyside Magistrates court.

I am asking the court to hold the account until 23^rd March 2015, by which time I will have paid the £320 plus the £75 compliance stage fee in full.

This is in line with the information I was given on the 17/2/2015.

I am also asking my local MP, Andy Burnham to look into this case further and help where he deems necessary.

This letter has been sent by both recorded delivery, and email to Andy Burnham MP, Cheshire and Merseyside Magistrates Court, and Marston Customer Service Centre.

I look forward to your reply,

Yours Sincerely,

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

hi, any thoughts on the letter anyone? I really need this to go soon, as im against the clock

[Kati]

Re: Marstons bailiff issue, magistrates court fine

hi, any thoughts on the letter anyone? I really need this to go soon, as im against the clock

It reads OK to me ... maybe hold off sending it until you've had a few more replies tho' (if at all possible) [MENTION=30402]Milo[/MENTION] said she'd be back to reply properly today, and I'm sure there will be other Beagles who can advise too

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

Thanks Kati, I'm just worried he's coming friday, so im against the clock to get this letter read by them, i'll sit tight.

[Kati]

Re: Marstons bailiff issue, magistrates court fine

[MENTION=41182]andy58[/MENTION] [MENTION=48758]stevemLS[/MENTION] ... any advice??

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

the more im reading, the more it appears the court have to offer me a means hearing, is this correct?

The court sent bailiffs and you have not been means tested.
If you have not been means tested before receiving contact from a bailiff then the court is not complying with court rules Section 165 of the Criminal Justice Act 2003.
You can make a formal complaint to get bailiffs taken off the case and any fees you have paid are recoverable.
Make a formal complaint to the sentencing magistrate's court.

[Guest]

Re: Marstons bailiff issue, magistrates court fine

the more im reading, the more it appears the court have to offer me a means hearing, is this correct?

The court sent bailiffs and you have not been means tested.
If you have not been means tested before receiving contact from a bailiff then the court is not complying with court rules Section 165 of the Criminal Justice Act 2003.
You can make a formal complaint to get bailiffs taken off the case and any fees you have paid are recoverable.
Make a formal complaint to the sentencing magistrate's court.

Hi
Sorry for the delay getting back. No the court does not have to offer you anything, the section quoted does not apply in your circumstances.

I take it the bailiff has not yet called ?

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

hi andy, no worries! no, no sign of him as yet.

im lthinking of paying for a telephone consultation now with dealingwithbailiffs.co.uk, has anybody else used them?