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Distress

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  • Distress

    have problem also with marston please help have got only 6 days to react. How can I stop them?
    ------------------------------- merged -------------------------------
    I need help. In January I have received a letter from Marston, stated that I have owned HMCS London Northwest £200. As last year I have fines because of sending late tax declaration form to inland revenue in similar height, assuming that was that debt so I rang Marston and ask to pay £100,the other half in the coming month, they agreed and took my money. I have since then heard nothing about them, until 27/03 when Mr HCEO arrive at 7:30 and left a Removal notice at the shop where I work and use the address for postal contact, because I am divorced since 2006 and share room only in London without a permanent address. I immediately rang him and told I have paid the initial £100, I am prepared to pay the rest £100 I own inland revenue, I still assumed that was the debt, I protest again the high fee Mr HCEO has added on the debt, and will only paid after I receive all the communications his office has sent me, because I have received no letter until that date,even if I am not at work,at the address where I work there were 2 other colleagues so it is impossible that nobody has missed his letters. He told me to make complaint against the royal post if I have received nothing regarding that debt since my initial payment, and refused to take only the out standing amount, but telling me I must pay full payment of £382. I rang his office to complain and ask they should send me all the communication so I can see how the extortion cost comes together, they told me I have to write to the office to complain.

    On 30/03 Mr HCEO again come to the shop and left another Removal notice at 8:30 to arrange payment under the term of a warrant issued. I rang him again and told I have request his office to send me all the communications,I will write to Marston to complain about not receiving any letter, and will bring the matter plus the copies of communications to Citizen advise Bureau and OFT to verify the £280 cost he added up on the debt of £100 is reasonable,where only one remind letter is enough, as after receiving the first letter in January I have acted paid the initial half . Again I offer to pay the outstanding debt of £100 but reg the fee I pay only after seeing how it comes together, he refused and wanted the whole sum £382. I have record the conversation to the office on 27/03, and to Mr HCEO on 30/03.

    Today 07/04 he arrived again at the shop about 6:00PM, I protest that he know I have rang his office on 27/03, I have rung him and request the copies of communications on 30/03 so he should know that I am not prepare to pay the whole sum before I have a chance to talk to OFT or CAB,or don;t know how the cost come together, I told him I wont sign anything and ask him to leave, he know very well I complain already but does not bring even one peace of letter which he told me he has sent. He then give me Notice of Distress, including Inventory and tell me I have 6days to pay or he will break the lock and remove the inventory of the shop which caused further cost. On the Distress he states

    Sum O/S and costs £159
    Bailiff fee £226

    Why £159 left was only £100+£1 card charge!!!! Is 200% fee on the little debt reasonable when the debtor already prepaired to pay. He dont explain or show me anything.. Please help me. I don't know what to do, how to write a clear formal letter to his office, I feel this person pressures me into paying the wole sum only because something is wrongly putting together here, I read some posts on the Legal Beagles Consumer Forum and want to protest because firstly that the most common grounds for complaint against a bailiff are:-
    * the charging of excessive fees, including charging for visits that they did not make
    * letters they did not write or send
    * aggressive, rude or threatening behaviour from the bailiff..
    In my case I feel the two first points are true.

    and secondly if they remove anything of a business then only goods belonging to the business can be seized, but; if they are necessary for the running of the business, they must not be taken.(bailiff_fees_high_court.doc) but he ignores that rule and take inventory of machines I need for the job at work.

    thirdly even I talk to him on phone, and offer my payment he keep comming cause visit charge and bully me into paying the total sum, I fear he does to cause further visiting cost, while he could write to me or call me.

    Should I pay to prevent further cost,then request the wrongly set fee back later, will I get them back? what can I do in the 6-day time he given me?

    I read your post and feel you are a very competence person dealing with this matter, and you also know the person email inside Marston who one should contact to hear or read reg bailiff problem.

    please help me
    Last edited by Tools; 13th April 2010, 13:29:PM. Reason: Automerged Doublepost

  • #2
    Re: Marston HCEO

    Hi Distress

    i found this in the Bailiff information thread - please see post 7 http://www.legalbeagles.info/forums/...read.php?t=612

    It appears from that post, that you may be being overcharged.

    You should consider sending a Subject Access Request http://www.legalbeagles.info/forums/...ad.php?t=14106 and alter to suit your situation to obtain the information you require.

    Someone else will be along shortly to advise you further.

    Tuttsi

    Comment


    • #3
      Re: Distress

      Well, that is a post and half to wade through!

      It is very difficult to decipher what you have written above. Do you know for certain what this debt is for?

      Have you sent the letter in the link given to you by Tuttsi?

      Comment


      • #4
        Re: Distress

        Thanks Tuttsi, I have altered the Subject Access Request, and sent by special delivery to Martson. I am not sure they will wait 41 days. What if the HCEO just breaking and takes machines I use for work away? What should I do next. I intend as soon I have letters and itemised list of fee charge I will bring it to the CAB, will it help?

        Hi Amy, sorry about the long post. First after receive the first letter from Marston in January mentioned the not paid £200, I wrongly assume HMCS is something to do with official/government office, or tax such as Inland revenue because that would be that £200,because that was the fine for sending late tax form. When the HCEO served the distress notice, and wrote the O/S amount £159, feeling something is doctored together I have asked to see any letter source doc, because I had a fine exact that amount by speeding from court but have already paid last year,the HCEO did not show me any document, but only ask me to pay the total sum, I said I refuse until receive response from his office. So I am waiting for further letter to see where the 159 comes from.

        Comment


        • #5
          Re: Distress

          Hi Distress

          The bailiffs are not allowed to take your work tools, but you would have to prove that they are your work tools.

          The Subject Access Request they have 40 days to answer + 2 for posting, so make a diary note, the clock is ticking.

          i found this in the Bailiff information thread - please see post 7 http://www.legalbeagles.info/forums/...read.php?t=612 This particular thread was the charging allowed for HM - taxes etc. The post is old, so not sure if the figures would have changed or increased but they are no where near what the Bailiffs were possibly charging you if your calculations were correct.
          Tuttsi

          Comment


          • #6
            Re: Distress

            I have received the SAR. That is a fine for speeding from court. I did pay that fine already although late, but definitely soon before the first reminder letter from marston because Marston talked from a £200 O/S (they added £50 fine ) where the original fine was £159. I paid by bank transfer and have copied. They send a breakdown of cost, 50 for administration, 175 for attendance fee v.v. what should I do next pls

            Comment


            • #7
              Re: Distress

              I mean they over-charge a lot for reminder letter, they said reason for charge also that I have not sent proof that I have paid to them, I could not remember that arrangement at all,because that £159 speeding fine i paid appear without any attachement . they mentioned £209, I wronly assumed It was the 200 tax form fine, I paid half meant £102.9, now in the breakdown list of fee it show £2.90. I have received only 1reminder, and attendance fee before they appear at the door. The second appearance is unnecessary because I have contact immediately his office, so where have charges based upon? When they do that wrongly what can I do? Because soon the HCEO will turn up and ask for the whole sum again? If I show copy of my payment, he still want £282 charge on top and will cause more costs applied on something even being in dispute, what can I do to avoid, pay now and complaint later? Don't pay, but .... Please give me advice

              Comment


              • #8
                Re: Distress

                Are you saying you paid this fine before any contact from Marston?

                If so, he cannot charge you for work he has not carried out. He cannot have carried out any work when there was no work to carry out since you had paid the fine.

                If he tries, then it is fraud.

                If you can clarify your posts we can help further.

                Comment


                • #9
                  Re: Distress

                  I am looking in older bank statement tonight regarding the speeding fine £159. I am sure I did paid before Marston HCEO appeared at my address. I remember that because of a freezing internet, I did try the payment online again which cause the amount to came out of my account twice. I did receive my 2nd £159 back after contact the court. I will have details tonight.

                  Comment


                  • #10
                    Re: Distress

                    Originally posted by Amy View Post
                    Are you saying you paid this fine before any contact from Marston?

                    If so, he cannot charge you for work he has not carried out. He cannot have carried out any work when there was no work to carry out since you had paid the fine.

                    If he tries, then it is fraud.

                    If you can clarify your posts we can help further.
                    Hi, I found it now,albeit not all what I am looking for

                    1 DEC payment to HMcourts -service £159
                    2 DEC payment to HMcourts -service £159

                    I rember that because I did it twice late night as the screen freeze not sure if have paid or not I did the second payment.

                    In the SAR they said initial letter was sent on 15 Dec 2009 ....

                    Comment


                    • #11
                      Re: Distress

                      If you paid in full either 1st or 2nd December and they did not even write to you until 15th December, then they are **** out of luck aren't they.

                      Comment


                      • #12
                        Re: Distress

                        Now i will have to write to them to request my £102.9 back. Which they strangely declare they have received only £2.9. I will find the statement of that month. Lucky for my that I remember those payments, and keep the bank statement.The question is there could be a fraud, don't you think so...lots of overcharges, lots of harassment to get the money in full, I mean I have been served the distress warrant and he is so bold standing at my work place taking stocks of the main machines and told me he will come back with locksmith and break the locks if I don't pay that in full,who would not be so scared and not find any way to pay them, they don't want to show you anything, after the plan pay then we provide information later. Thank for the idea of SAR otherwise I would not get the time, and the source of the to be paid amount.
                        ------------------------------- merged -------------------------------
                        and the £10 of the money I have sent with the SAR letter. It is still my money correct?
                        Last edited by distress; 3rd May 2010, 19:05:PM. Reason: Automerged Doublepost

                        Comment


                        • #13
                          Re: Distress

                          Get your bank statements and check your figures, but from what you have written here, you are correct.

                          Comment


                          • #14
                            Re: Distress

                            Thanks for reminding, Amy. What I wrote here, I extracted from my DEC bank statement and the date of iMarston nitial letter came from the response on the SAR written by Marston's own word

                            Comment


                            • #15
                              Re: Distress

                              Marston has stopped coming after receiving the proof. Good that you could see long bank record to prove you have paid fines parking, speeding etc

                              Comment

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