Marstons - Paid Magistrates fine direct to court
Marstons - Paid Magistrates fine direct to court
Hi - I had an outstanding fine of £185.00 for non payment of TV licence which Marstons have been hounding me for over the last month! so last night I paid the fine direct to the court online, I have a receipt for this. My question is does this now quash their enforcement powers, I know they could chase me for their stupid fees, but I am more concerned about what rights I have now? what are my next steps? thanks.
Re: Marstons - Paid Magistrates fine direct to court
Other than telling the bailiff the amount outstanding has been paid. You don't take any steps.
This explains the legal position of paying a fine into court after a warrant has been issued.
This explains why individual bailiffs get angry when you pay a court fine online thereby cutting him out on his commission.
As a precaution, you should take protective action, because it's down to individual bailiffs whether they want to take a chance on trying to get the commission and risk an expensive court proceeding.
https://www.nationalbailiffadvice.uk/Pr ... Goods.html
This explains the legal position of paying a fine into court after a warrant has been issued.
This explains why individual bailiffs get angry when you pay a court fine online thereby cutting him out on his commission.
As a precaution, you should take protective action, because it's down to individual bailiffs whether they want to take a chance on trying to get the commission and risk an expensive court proceeding.
https://www.nationalbailiffadvice.uk/Pr ... Goods.html
Re: Marstons - Paid Magistrates fine direct to court
Ok thanks, so should I send a letter to them and the court just to let them know its been settled along with a receipt? just can't be bothered with them attempting to turn up at my property, it scares my kids! my own fault for letting it get this far, but I was hoping now I paid it they might just do one! thanks again.
Re: Marstons - Paid Magistrates fine direct to court
I mean't to add no they haven't been in my property to take control of goods and I don't drive so I have no vehicle, thanks.
Re: Marstons - Paid Magistrates fine direct to court
Whether the bailiff will pester you is down to the individual bailiff.
When a bailiff has not taken control of any goods, then he has no costs. That means the amount outstanding is only the fine, which is now paid, which ends the enforcement power.
When a bailiff has not taken control of any goods, then he has no costs. That means the amount outstanding is only the fine, which is now paid, which ends the enforcement power.
Re: Marstons - Paid Magistrates fine direct to court
Well they turned up this morning for their fees! and attempted to take some tyres at the side of my house with it being 8am I had to pay £310.00 for their fees to get them away! they said this information I got was incorrect and they still had enforcement powers for the warrant of outstanding fees? even though I had paid the fine direct to the court!
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corinadeva
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- Joined: 10 May 2018 10:55
Re: Marstons - Paid Magistrates fine direct to court
That's a waste of £310, I paid online, logged onto their site informed them, took a screen shot and they haven't been back, they sent some silly letter telling me I owed £310 to HMC, I just ignored it, not been back and I don't expect them to come back either, P.S they wont get paid that's for sure
Re: Marstons - Paid Magistrates fine direct to court
It can only be reclaimed through the court if two things can be shown.
1. The "amount outstanding" was paid into court on a date before the bailiff took the £310, and
2. The bailiff took control of the debtor's goods to extract the £310.
Otherwise, the claim will fail because the court will adhere to the bailiff's assertion the £310 was paid voluntarily.
This is why I make it clear to secure your home and car for the time being.
The alternative is to do a fee reclaim anyway, and that will cost the bailiff company more than £310 defending the claim, and that ensures the bailiff company does not benefit from non-compliant activity. To protect yourself from costs of a failed claim (very rare) use another service address other than your home or work address. The same policy of Marston Group Limited calling itself "marston holdings" with a PO Box address and a postal forwarding address in Birmingham for Companies House.
1. The "amount outstanding" was paid into court on a date before the bailiff took the £310, and
2. The bailiff took control of the debtor's goods to extract the £310.
Otherwise, the claim will fail because the court will adhere to the bailiff's assertion the £310 was paid voluntarily.
This is why I make it clear to secure your home and car for the time being.
The alternative is to do a fee reclaim anyway, and that will cost the bailiff company more than £310 defending the claim, and that ensures the bailiff company does not benefit from non-compliant activity. To protect yourself from costs of a failed claim (very rare) use another service address other than your home or work address. The same policy of Marston Group Limited calling itself "marston holdings" with a PO Box address and a postal forwarding address in Birmingham for Companies House.
Re: Marstons - Paid Magistrates fine direct to court
So how do I do this reclaim as I paid the £185 fine one week before they turned up claiming they hadn't received the payment, even though I had receipts etc? thanks.
Re: Marstons - Paid Magistrates fine direct to court
You make a claim in the small claims track.