Please help
My husband received a fine for speeding.
stupidly it ended up going to a bailiff.
We set the arrangement up. 3 payments
1st payment was paid by my card online. Website stated error.
I tried again, it then came up as insufficient funds.
I quickly checked my bank and the payment was indeed shown as pending in my payments, so I assumed the error page was a glitch on there site, I couldn’t pay again as the funds were not available as they were in my pending.
Roll on two weeks later, bailiff at our door for failure to stick to an arrangement.
I explained I had paid, checked my bank. No payment but there was indeed £180 extra in my account.
The bailiff suggests maybe I made an error with the reference and they rejected it.
Called my bank, they advised that they authorised the payment and had it in holding but that Marstons rejected it.
Called Marstons they say my bank rejected it. Even though I have an approval code from my bank!
Marstons refuse to accept that I have done what I needed to.
My bank did not then put the money back for another 10days and when the did so did not put on my statement rejected payment.
Marstons now want another £300 odd pound for this.
Between my bank and Marstons something has gone wrong but I’m being punished for it!
Any advice greatly appreciated.
On line payments
Re: On line payments
To be technical, the enforcement power ended as soon as you paid the money.
If the payment is returned then nothing in enforcement legislation revives the enforcement power.
If marston rejected the money then pay it online to court service, and give marston a notice the amount outstanding has been paid.
Marston's online payments never work because of the high number of charge backs and fraud complaints.
If a bailiff starts pestering you for their £310 fees then consider having a detailed assessment hearing.
If you can show evidence the payment was returned by marston online then you have nothing to lose.
If the payment is returned then nothing in enforcement legislation revives the enforcement power.
If marston rejected the money then pay it online to court service, and give marston a notice the amount outstanding has been paid.
Marston's online payments never work because of the high number of charge backs and fraud complaints.
If a bailiff starts pestering you for their £310 fees then consider having a detailed assessment hearing.
If you can show evidence the payment was returned by marston online then you have nothing to lose.
Re: On line payments
What is the law that supports this, that the enforcement power he ended?
I spent hours on the phone Saturday, non the wiser.
The office claim that once it’s with a bailiff it is at their discretion. And I know I’ve to wait until Monday for the enforcement manager to decide what he wants to do!
I spent hours on the phone Saturday, non the wiser.
The office claim that once it’s with a bailiff it is at their discretion. And I know I’ve to wait until Monday for the enforcement manager to decide what he wants to do!
Re: On line payments
The law that says when the amount outstanding has been paid, the enforcement power ends is, regulation 6(3) of the Tribunals Courts and Enforcement Act 2007.
The legal definition of "amount outstanding" is the debt owed to the creditor plus the costs paid in connection with taking and selling the debtors goods to pay the debt. Regulation 50(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
Bailiff companies behave as if they are under a belief the above regulations dont apply to them.
Instead they rely on a screwball interpretation of regulation 13 of the Taking Control of Goods (Fees) Regulations 2013. As the law states, it applies to the proceeds of enforcement.
Fact. http://www.legislation.gov.uk/uksi/2014 ... on/13/made
Someone even made a website to promote the theory that regulation 13 also applies to money paid to a creditor is also proceeds of enforcement. https://bailiffadviceonline.co.uk/index ... he-council
It is placed on the internet by a bailiff company associate in an effort to mislead the public and increase the commercial prospect of the bailiff company.
The legal definition of "amount outstanding" is the debt owed to the creditor plus the costs paid in connection with taking and selling the debtors goods to pay the debt. Regulation 50(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
Bailiff companies behave as if they are under a belief the above regulations dont apply to them.
Instead they rely on a screwball interpretation of regulation 13 of the Taking Control of Goods (Fees) Regulations 2013. As the law states, it applies to the proceeds of enforcement.
Fact. http://www.legislation.gov.uk/uksi/2014 ... on/13/made
Someone even made a website to promote the theory that regulation 13 also applies to money paid to a creditor is also proceeds of enforcement. https://bailiffadviceonline.co.uk/index ... he-council
This advice is wrong.From any payment made (whether online to the local authority or the Magistrates Court) the Compliance fee of £75 must be deducted first. The balance will then apportioned on a pro rata basis between any remaining bailiff fees and the debt to the local authority or the Magistrate Court (in respect of court fines).
It is placed on the internet by a bailiff company associate in an effort to mislead the public and increase the commercial prospect of the bailiff company.
Re: On line payments
What can I say to them, they have effectively said that a £400 bill is now £750 and that I just pay by Friday or they will enter my property.
I need urgent help, please
I need urgent help, please
Re: On line payments
Pay the fine online and get a receipt. Then give a notice to the bailiff company.
Create a template notice here. https://www.nationalbailiffadvice.uk/Te ... otice.html
The template notice gives all the legal garb.
Create a template notice here. https://www.nationalbailiffadvice.uk/Te ... otice.html
The template notice gives all the legal garb.