• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

I need some help with Marstons, please!

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • I need some help with Marstons, please!

    Hi,

    Two years ago I received a fine. I was on benefits at the time and so money was taken from my benefit each week. I came off of benefits in April 2012, and in July 2012 I received a Distress Warrant letter from Marstons demanding £315 fine and £85 costs. I spoke to the court as this was a shock, to be honest something that I had forgotten about and I needed to check the amount outstanding.

    The court told me that they would put a 'stop' on the bailiff action and give me two weeks to look into it and get back to them. It took me longer than this to find out the information that I needed, closer to but less than three weeks. I called the court back and agreed that I had £315 remaining on my fine and that I was in a position to pay it all there and then. The court were happy to take my money, but explained that the bailiff may still come after me for the £85 fee. I said that this was unfair as I was the one that called them and paid the fine in full, so I was not trying to avoid anything, and the woman just kept saying 'well they may still come after you'

    Eight months later I received a phone call from Marstons two weeks ago saying that I owe them £615.

    I explained all of the above to the bailiff, who was happy to give me a few days to speak to the court. The court were no real help at all, they simply said that they've had their money so they're happy and that I need to 'sort it out with the bailiff'.

    I spoke to the bailiff again. It transpires that this £615 is my original £315 fine, £85 for the letter, and £215 for a visit to my previous address three weeks ago. The court had at no point told them that I had paid the fine.

    While on the phone to him I viewed my bank statement online and gave him the details. He was happy that I was telling the truth and told me that this time he would contact the court and get back to me. He called me today to say that the court have now told him that I have indeed paid the original £315, but "they've told me to collect the £300 owing as this is also part of the distress warrant".

    I'm sensing from him that he is trying it on a bit. He told me that a letter came out to me in October but I didn't receive it, and if they did write in October then isn't there another £85 missing from the bill?

    I would welcome the chance to argue these things in front of a judge, but I can't get any help on how to achieve that or advice on how to proceed in general. I truly have nothing for them to take as I have recently separated from my wife, but I'm thinking another visit is another £215 and then it's them taking me to court for £515 instead of me taking them to court to have this written-off.

    I am truly grateful in advance for any help that you can give me.

    Paul
    Tags: None

  • #2
    Re: I need some help with Marstons, please!

    "they've told me to collect the £300 owing as this is also part of the distress warrant".

    This is not the Court this is them trying it on. He has already admitted he went to an old address so should have returned it to the Court at that time. Send a strongly worded letter to the CEO of Marstons - Gareth Hughes.

    Comment


    • #3
      Re: I need some help with Marstons, please!

      The maximum they can charge is £300. This has been confirmed by HMCTS. As Ploddertom says, it is the bailiff trying it on. If he found you had moved, he had a duty to return the warrant to the court of issue and seek direction. HMCTS High Command do not take kindly to bailiff companies under contract to them behaving in a manner that brings the courts, judicial system, HMCTS and the Ministry of Justice into disrepute. A strongly-worded letter to Gareth Hughes is a first step. If you get no joy from him, HMCTS High Command is the next step.
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #4
        Re: I need some help with Marstons, please!

        Originally posted by bluebottle View Post
        HMCTS High Command do not take kindly to bailiff companies under contract to them behaving in a manner that brings the courts, judicial system, HMCTS and the Ministry of Justice into disrepute.
        That really does not make much sense.

        When do bailiffs not misbehave?

        Comment


        • #5
          Re: I need some help with Marstons, please!

          The time I found was when the one calling on me had a council official with him and I was filmong the entire situation . Niether were happy rabbits.

          Comment


          • #6
            Re: I need some help with Marstons, please!

            Originally posted by seduraed View Post
            The time I found was when the one calling on me had a council official with him and I was filmong the entire situation . Niether were happy rabbits.
            Just look at the videos on YouTube. As soon as they realise they are being film, out comes the bleat, "I haven't given you permission to film me," or "It's illegal to film me." The worst for the latter comment are those who take part in foxhunting. They get really hysterical when a camera is pointed at them.
            Life is a journey on which we all travel, sometimes together, but never alone.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X