Marstons

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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corinadeva
Posts: 3
Joined: 10 May 2018 10:55

Marstons

Post by corinadeva »

I had a third visit from the nasty boys in black, wanting over £1000 for a fine for failure to give the name of a driver who was speeding, I tried to defend the case saying he was an agency worker like myself and I did not have his details, I lost nearly a £300 fine and six points.
This was February this year, So yesterday I went online and paid the fine.
Now what is the next step, they could not take my car on the driveway as its a Motability leased car, I have refused to talk to them, I only stated through the door that the car is leased and to the treat of a locksmith, that they could use one if they had the correct paperwork, to that they seemed to check the car, tried all the doors vigorously, came to the door and gave me the finger.

What is my next step?
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Marstons

Post by zeke »

Your next step is No Further Action.

Taking a Motability car lands the bailiff a big bill because their law firm charges astronomical fees to make an interpleader claim and they charge even more just for sending a truck to collect it from the bailiffs compound.

If you qualify for a Motability car then you are probably a vulnerable person defined under official guidelines, and the bailiff cannot recover fees from you.

You say the bailiff tried all the doors vigourously. If there is any damage, then you can recover the cost of the repairs from the bailiff company.

Only earlier today, a bailiff company landed a bill for vigorously pushing at a pair of wooden gates. The footage showed a hinge on one of the gates cracked under force applied by the bailiff and the bailiff quickly disappeared.
corinadeva
Posts: 3
Joined: 10 May 2018 10:55

Re: Marstons

Post by corinadeva »

Thank you Schedule 12, you say no further action, do I have to inform Marstons that the fine is now paid? or can I just go about my everyday life
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Marstons

Post by zeke »

Just send an email telling them the amount Outstanding has been paid.

Then keep a screenshot of the email recording the time it was sent.
corinadeva
Posts: 3
Joined: 10 May 2018 10:55

Re: Marstons

Post by corinadeva »

I have just received this via email
They have my name and the Ref number

Dear Sirs / Madam,

We have received an email from you, but unfortunately we have not been able to locate your account details.

Please can you provide us with your Marston Case Reference so we can assist you with your query.

If you do not have this please provide the following information:

- Full Name
- Full Address (including postcode)

Regards,

Customer Service Team
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Marstons

Post by zeke »

Marstons might not know your full name and address.

Give them a copy of their own document. They will know.

Keep a screenshot out the sent email.
corinadeva
Posts: 3
Joined: 10 May 2018 10:55

Re: Marstons

Post by corinadeva »

Just an update,

I paid online,
2, sent them notice
3 Marstons asked for my details name address, I ignored them as I quoted there ref number in the email so they knew.
4 Marston sent me a debt letter claiming £315, they had the cheek to put that the debt owed was for HM courts and fines, not true as it was paid online.
I again ignored.
No visit from rent a thug.
I don't expect any to be honest
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Marstons

Post by zeke »

It's usually down to the individual bailiff whether he wants to take his chances in tracing you and attend knowing you have not been given notice.

Whose address did they send a demand for £315?
corinadeva
Posts: 3
Joined: 10 May 2018 10:55

Re: Marstons

Post by corinadeva »

They sent it to my home address
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Marstons

Post by zeke »

This article explains the position about fees after the enforcement power has ended: http://www.nationalbailiffadvice.uk/Pay ... liffs.html

I am a little concerned the demand is £315. That indicates there is still £5 owing on the fine.

The bailiff might not be honest, or you could have an amount outstanding and the enforcement power is still in force.

Meanwhile, tighten up: http://www.nationalbailiffadvice.uk/Pro ... Goods.html

Find out from the Court Service whether the fine is paid off. Ignore the yadda-yadda "it's in the hands of the bailiffs".
corinadeva
Posts: 3
Joined: 10 May 2018 10:55

Re: Marstons

Post by corinadeva »

That's them playing games the fine was paid in full
corinadeva
Posts: 3
Joined: 10 May 2018 10:55

Re: Marstons

Post by corinadeva »

Something strange has cropped up I paid a fine in full online is may this year last week I received a letter from what appeared to be from a court, stating my name and NI number DOB and starting they had informed my employer to deduct money from my wages.
Saturday I received another letter from the same court a further steps letter, both letters unsinged stating I owe 171.76, goodness knows where this figure came from. so I checked with employer no notice has been given to them and I checked online with trustonline and nothing outstanding in my name, what do you guys think
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Marstons

Post by zeke »

It might not be a fine. Let's see the deduction order.
corinadeva
Posts: 3
Joined: 10 May 2018 10:55

Re: Marstons

Post by corinadeva »

it contains the same ref number as the £292 fine paid in may
corinadeva
Posts: 3
Joined: 10 May 2018 10:55

Re: Marstons

Post by corinadeva »

I have just phoned the court they said the fine was for a motoring offence the one I was fined £292 for, why they said I owed £171.76 she said it was the fine and they had failed to get an attachment of earning, I informed her I had paid the fine in full on May 9th and gave her the payment reference number, she said she will look into it and get back to me
corinadeva
Posts: 3
Joined: 10 May 2018 10:55

Re: Marstons

Post by corinadeva »

Still waiting
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