Marstons bailiffs turned up after court fee was paid

[Guest]

Re: Marstons bailiffs turned up after court fee was paid

The one issue that is being overlooked is that the bailiff visited. This activates the enforcement fee of £235. The bailiff appears to have been collecting just for the compliance fee. The total he should have charged is £310.

Ironically, if the OP had not paid, my feeling is that the car would not have been removed and the house would certainly not have been broken into. Now that Marstons have the money, it is difficult to know where to turn for a refund other than small claims. I doubt the courts will help and will take Marstons stance.

[bluebottle]

Re: Marstons bailiffs turned up after court fee was paid

If Marstons knew the fine had been paid, it raises the question as to whether the visit to the OP's home was justified.

I have recently been given first-hand accounts of the most appalling behaviour by Marston bailiffs in the counties of Devon and Cornwall. In the case in Cornwall, it would appear that Mr Paul Carlton has learned nothing from the dismissal of his vexatious allegations against an alleged fine defaulter by Bodmin Magistrates Court in the last 12 months. In the case in Devon, thanks to a cock-up on the part of TEC, Mr Kevan McGovern decided he would be his usual charming self and try to intimidate a young lady over a PCN. The young lady just happens to be a radio presenter.

[Milo]

Re: Marstons bailiffs turned up after court fee was paid

I'm afraid, Awakened One, that both Milo & Wombats will continue to press you to make the payment. As far as I can see, Marstons sent a letter out to you after you paid the fine, ergo they chased you for something you no longer owed. Tell them to stuff it.

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Most people who know me will be aware that I will never 'jump in with both feet' and instead, I will ask a number of questions to ascertain the background. Most important is that at present we do not know the date by which payment was required. What we do know is that the OP confirmed that he had made payment late (on 2nd May) and this date must clearly have been outside of the time prescribed given that a warrant of control had already been passed to the enforcement company (in this case Marston's) on 23rd April.

The new regulations are quite specific in that as soon as the warrant is passed to the enforcement company (in this case on 23rd April) a Compliance Fee of £75 is added. This fee covers all administration costs (including sending an initial letter, processing a payment, administering a payment proposal, calculating the 'pro rata' payments to the Fines Dept at HMCS etc.

The OP confirmed that he had received the initial letter and queried the payment with the court. He needs to continue with his enquiries.

You appear to have not properly read the posts. Payment has already been made to the bailiff.

[bizzybob]

Re: Marstons bailiffs turned up after court fee was paid

If Marstons knew the fine had been paid, it raises the question as to whether the visit to the OP's home was justified.

I have recently been given first-hand accounts of the most appalling behaviour by Marston bailiffs in the counties of Devon and Cornwall. In the case in Cornwall, it would appear that Mr Paul Carlton has learned nothing from the dismissal of his vexatious allegations against an alleged fine defaulter by Bodmin Magistrates Court in the last 12 months. In the case in Devon, thanks to a cock-up on the part of TEC, Mr Kevan McGovern decided he would be his usual charming self and try to intimidate a young lady over a PCN. The young lady just happens to be a radio presenter.

Come on now BB, this is Marstois, the bailiffco who want to be bigger than Crapita, swallowing rival firms up in a predatory manner, ever likely their EAs are also predatory, hope the Radio Presenter gives McGovern hell on air.

So it looks like OP has paid the fine, then Marstons visit and add £235 for visiting to get the Compliance fee. They could have just asked for the £75, no they had to visit to get the full monty.

[Milo]

Re: Marstons bailiffs turned up after court fee was paid

So it looks like OP has paid the fine, then Marstons visit and add £235 for visiting to get the Compliance fee. They could have just asked for the £75, no they had to visit to get the full monty.

As I have mentioned above I try to get all the facts before responding but what I will do is to read through what is written to get as much information. In doing I notice the following:

He received a notice of some sort (which I assume to be a Further Steps Notice advising that payment had to be made by 23rd April.

As he had not paid a Warrant of Control was authorised and passed to Marston Group to enforce on 26th April.

He made payment late on 2nd May and the courts notified on 6th May.

He received a letter from Marston Group on 8th May to request payment of £315. I calculate the 'amount due' as consisting of the amount of the fine of £240 and the Compliance Fee of £75.

Given that he had paid the amount of £240 then the amount that he needed to pay to discharge the debt on 8th May was £75.

PS: There is some confusion with the amount that the bailiff attended the property for. As explained by Starving Taxpapyer, the amount should have been £310 and not £315.

The debtor is still on holiday and no doubt when he returns we will know more.

[bluebottle]

Re: Marstons bailiffs turned up after court fee was paid

Collectica is well-known for making unnecessary visits, Milo, and they were doing this before the new regulations came into force. It is something that needs to be monitored and, if necessary, fed back to the MoJ. If civil enforcement is going to be used, it must be done responsibly and fairly.