Marstons bailiff issue, magistrates court fine

[lovejoy]

Hi all, hoping someone on here can offer some advice on my situation. I got pulled over and fined by police because my drivers license had expired (i hadn't sent it off to get 3 points added to it so it was revoked, I technically wasnt allowed to drive until i had applied for new license, which I didn't know), anyway, i'm self employed and struggling financially and, stupidly, I didn't pay the fine. It then reached marstons, who i called before xmas, and was told they can enter the property (fine now at £395) at any time and remove goods, I explained my wife was 7 months pregnant (now 8 months) so I didnt want this to happen, they offered me until 19th jan to pay, which I agreed to, out of fear really (they also said that if a bailiff came to my house to remove, they advise my wife leave the property in order to 'not become stressed', yeah right!). However, I simply cant do it by monday. I called the court (cheshire and merseyside) on Tuesday to explain my position, who advised me to go to citizens advice buereau. I did so on wednesday, and, to be honest, they weren't much help. Their advice was, call the court or marstons and try to come to a new arrangment.
I called the court, who again stressed they couldnt do anything, so i reluctantly called marstons, who again said they couldnt help, if the arrangement breaks on the 19th (monday) then they would assign a bailiff, at a further cost of £200 and odd quid, and he would enter the house to take goods if i couldnt pay. I explained my wife was heavily pregnant, and that i would send proof in the form of a MATB1 form (midwife form basically confirming due date), i am also a previous bankrupt and i have a stat dec stating my wife owns everything in the property, i dont have a car etc, so i technically dont own anything. The lady on the phone didnt seem to think this would matter.

to summarise, i totally accept this is my fault, however, my work takes me away from home for days at a time, and im concerned about going to work next week incase they visit. My wife is terrified of them coming and her being alone heavily pregnant and with a two year old at home, so ive come on here to see if theres anything, at all, i can do? I accept the fine, I accept i owe the money, but i just need more time to pay (another 6 weeks if possible), and nobodys eems to think theres a thing I can do about it?

I havent sent any of the info to marstons as yet (the pregnancy proof or the stat dec), I wanted advice before doing so.

Can anyone help at all?

thanks in advance!

[Milo]

Re: Marstons bailiff issue, magistrates court fine

You say that you received a letter before Christmas. Did you try to make a payment proposal over 3 months or were you only given the option of 30 days? This is unusual and normally a longer period is allowed.

Given your wife's late pregnancy your account really should be with Marston's Welfare Dept.

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

You say that you received a letter before Christmas. Did you try to make a payment proposal over 3 months or were you only given the option of 30 days? This is unusual and normally a longer period is allowed.

Given your wife's late pregnancy your account really should be with Marston's Welfare Dept.

hi, thanks for the reply.

when i first called marstons i was told that no repayment period would be given, it was the full amount, that day, or further action, the woman on the phone was a real nightmare.

i then called back to discuss it again, hoping i'd get a different response, and I did, but i was still offered, what they said was the max time, which was 4 weeks to pay.

when i called them back this week, to explain i couldnt make mondays deadline, i was informed that they dont have to offer any repayment plan at all, and they had done so at their discretion and 'there isnt a person in his building who could offer you a longer repayment option, because we are not required to offer you any payment plan at all, by law'. i'm guessing, judging by your response, that this isnt true?

[Milo]

Re: Marstons bailiff issue, magistrates court fine

h
i'm guessing, judging by your response, that this isnt true?

No, it is not my experience at all.

When you contacted the company was it on receipt of a Notice of Enforcement in the post or did you receive a personal visit?

[Milo]

Re: Marstons bailiff issue, magistrates court fine

Is there any update on this matter?

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

No, it is not my experience at all.

When you contacted the company was it on receipt of a Notice of Enforcement in the post or did you receive a personal visit?

Hi, it was a letter through the post, there's been no bailiff as yet, but im guessing there will be soon, as the arrangement breaks today.

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

huge thankyou to Milo, and the forum, for their part in getting this case resolved for me. Marstons has agreed to accept payment over a period of three months.

massive relief, thanks so much!

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

sadly, this saga isnt over, mainly due to a mistake on our part, although im clinging to a marstons mistake as well!

we had to pay £150 per month for 2 months and then £95 by end march, cut a long story short, we thought we'd paid January at the bank, and i have kept in touch with marstons whilst they tracked this payment, turns out my wife paid the wrong details, £150 not paid. I spoke to marstons regularly throughout february regarding the missing payment (i haven realised at this point its wrong) and was told on the 17th pretty much not to worry because arrangement is live until end march anyway.

ive spoken to marstons again today, who have listened to the call, and agree ive been given wrong info, but still say arrangement broken and the debt has increased now to £630. Just spoken tot he bailiff, who informs me that he'll hold off until friday, after that he's coming in with a locksmith to take goods (despite me telling him i have a stat dec from bankruptcy stating i dont own anything in the house at all). I appreciate they very rarely enforce these things, but its worrying with a newborn nonetheless.

ive offered to pay marstons in full (£395) by friday, which is before it was due to be paid off anyway, and nothing doing.

the bailiff, as friendly as he was, informs me that unless i pay £630 in full on friday, he'll attend again and charge another £200 odd quid), which im sure he cant do!

spoken to the court, they insist i cant have a means hearing now its at the bailiff stage. im sure this isnt right either!

my point is this, i accept the £150 mistake is mine, however, i was clearly told that the arrangement is live until end march anyway, surely this cant just be ignored? they've recorded the call and heard it themselves!

any advice massively appreciated, i cant pay the £630 on friday, ive even thought of paying the court the original fine of £320 and seeing where that gets me!

sincere apologies to milo as well, who has already tackled this once, and its our own mistake that we're back here

[Kati]

Re: Marstons bailiff issue, magistrates court fine

You say:

ive spoken to marstons again today, who have listened to the call, and agree ive been given wrong info

does this mean you have a recording of the call where Marstons gave you the wrong information?

If so, I'd strongly suggest you write a formal complaint to Marstons and the courts (sending a copy to your MP too if possible). Explain how you would have paid it apart from the wrong details in January (which they knew about) and that you were told that this was ok. Request that they look into it as a matter of urgency and hold off on the visit on Friday until this matter has been dealt with. Also reiterate your willingness to pay the whole debt (up to your prior agreement) in full by friday. You can email this due to the lack of time, but should probably follow up with a 'hard copy' too

Any complaints must be sent to us in writing and emailed to customercare@marstongroup.co.uk. Please include your customer reference number in all instances.

I'm sure [MENTION=30402]Milo[/MENTION] will be along at some point soon to give you more advice.

K x

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

Thanks Kati, thats exactly what I will do! I dont have the recording, marstons do, they listened to it, pretty much accepted i was given wrong info, but still said they were increasing fine for enforcement fee, bizarre! im pretty sure ive bene given wrong info at every turn, from marstons, the court and the bailiff

[Guest]

Re: Marstons bailiff issue, magistrates court fine

Just reading through this, am I right in saying that the bailiff has not yet called but told you the fees had increased over the phone ?

This they cannot do, the enforcment fee(£235) can only be charged on the attendance of the bailiff, as long as you pay the agreed amount (minus the £235) to the bailiff before he calls they cannot charge the extra fee.

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

Hi Andy, thanks for the reply, bit of both really, i was told on the phone last thursday that it had increased by £235, I explained a bailiff hadn't even been, I was informed it was a fee for 'passing it to enforcement'. They agreed to hold my account until today whilst it was all looked into, however, the bailiff claims he called this morning.

[Guest]

Re: Marstons bailiff issue, magistrates court fine

Hi Andy, thanks for the reply, bit of both really, i was told on the phone last thursday that it had increased by £235, I explained a bailiff hadn't even been, I was informed it was a fee for 'passing it to enforcement'. They agreed to hold my account until today whilst it was all looked into, however, the bailiff claims he called this morning.

If you have the money phone them and pay them over the phone before the bailiff arrives, they can only charge the fee on attendance.

http://www.legislation.gov.uk/uksi/2...ulation/5/made

Stages of enforcement for which fees may be recovered – enforcement other than under High Court writs

5.—(1) The relevant stages of enforcement under an enforcement power which is not conferred by a High Court writ are as follows—

(a)

the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the enforcement stage;

(b)

the enforcement stage, which comprises all activities relating to enforcement from the first attendance at the premises in relation to the instructions up to but not including the commencement of the sale or disposal stage;

[Guest]

Re: Marstons bailiff issue, magistrates court fine

Sorry missed your last sentence, you say the bailiff claimed he called, did he leave a note ?

[lovejoy]

Re: Marstons bailiff issue, magistrates court fine

hi andy, ive not been home, but im guessing so, he described my house and the car (not mine) outside etc,, so he's def been.