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'Final Notice' letter - court fine already paid

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  • 'Final Notice' letter - court fine already paid

    This is a little complicated and I have looked around but cannot find anything similar to my situation.

    I had a few court fines (two motoring offences and one criminal offence.

    I was paying it weekly via standing order. When the payments stopped coming out, I assumed that the fine was paid (of course, it wasn't, as I later found out).

    I have since moved out of my parents house and when I went there some time ago, I was greeted with a letter from Marston which was hand delivered saying 'NOTICE OF ENFORCEMENT' with HMCTS being who I owe money to. It was £900 and I contacted the court and I was told that they no longer accept standing orders and that they were all cancelled without notification and that they have no responsibility. (I have this recorded, as I record all calls that have importance).

    I paid it off directly to the courts. I then considered it paid.

    My parents then informed me that a chap had stopped by saying I owe money. He was rather rude (not uncommon by things I've read) so I decided to give him a call.
    I informed him that I do not live there anymore nor do I have any property there. (which is true. I'd have told him the same if it wasn't to be quite honest).
    He left a letter saying "Removal Notice" and that I now owe £310.

    I called the courts after stating that the fine had been paid and they said there remains a balance of £75. I said this is not part of my fine and I have no intention of contacting or paying Marston for anything as I owe no debt.
    They had no interest in it at all.

    Yesterday, I went over my parents house to collect mail and on my way, I received a call saying that a man tried to get them to let him in. They wouldn't let strangers in regardless and off he went after leaving me a letter for the same sum, £310 but with "Final Notice"


    The letters seem to have no order.

    Now, I am seeking advice on how to deal with this. CAB in my area are almost impossible to get in contact with. My emails have had reply and phone calls are never answered!
    I believe I made have reasonable effort to pay the fine. I set up the Standing Order which was cancelled by the courts with no notification or warning. As soon as I found out that they cancelled it, I paid it off.


    The £75 and the £235 they have decided to add, can I use an argument that is 'article 7' of the human rights act?
    Specifically: "Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed."
    (
    http://www.legislation.gov.uk/ukpga/1998/42/schedule/1)

    Also, I believe that a bailiff cannot take control of goods for their fees alone. As there is no outstanding debt and only their fees, this falls into that, does it not?

    How do I deal with him attending my parents place? (other than giving him my real address lol). My mother is severely disabled and requires round the clock care and idiots banging her door are the last things she wants.
    I did warn him last time. Should I tell her to call the police next time?
    Tags: None

  • #2
    Re: 'Final Notice' letter - court fine already paid

    I didn't think it was possible for a recipient to cancel a standing order.

    Comment


    • #3
      Re: 'Final Notice' letter - court fine already paid

      Originally posted by Debt Camel View Post
      I didn't think it was possible for a recipient to cancel a standing order.

      I was under that impression too.

      It's what they said...

      Comment


      • #4
        Re: 'Final Notice' letter - court fine already paid

        Originally posted by Debt Camel View Post
        I didn't think it was possible for a recipient to cancel a standing order.
        I would like., an explanation from my bank on the " cancellation " of the standing order.

        nem

        Comment


        • #5
          Re: 'Final Notice' letter - court fine already paid

          Originally posted by nemesis45 View Post
          I would like., an explanation from my bank on the " cancellation " of the standing order.

          nem
          I called them, they have no record of the cancelation.

          Comment


          • #6
            Re: 'Final Notice' letter - court fine already paid

            Banks can't cancel SOs and neither can the recipient. The recipient has no power over the transaction whatsoever, other than changing the account payee details.

            One assumes that your account was still being debited by the bank to honour the SO, so where did the money go?

            Comment

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