Marston holdings help...

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Jayycarr
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Joined: 19 Jan 2017 23:27

#1 Marston holdings help...

Post by Jayycarr » 19 Jan 2017 23:46

Good evening all. So for the last few months I've had various bailiffs from marston holdings banging the hell out of my door at all hours of the day and their van parked outside sometimes for upto an hour or so...
I'm currently unemployed trying to survive and run a house on just £50 a week (pathetic I know) anyway this started out as a speeding fine which obviously I couldn't afford to pay.
I was going to do the awareness course but couldnt scrape the money together and ran out of time and things have escalated since.
This bailiff has posted the "final demand" notice through my door about 6 times over the past few months. I have spoke to them on the phone and explained to them that I have absolutely no money or savings to speak of and that everything in my home is of no value as its hand me downs. To which the bailiff replied, "if you have nothing of value just let us in to see for ourselves" to which I've obviously refused. Since then he has now threatened to "kick the door in" or have a locksmith out to take out the locks on the front door. They sat outside my front door for an hour one morning last week because I refused to open the door making me late for an appointment with the DWP.

The debt currently stands at £499.00 which I believe was for the speeding fine. The client is written as "HMCS dyfed Powys".

I have tried to offer a payment plan explaining that my basic bills already put me £200 a month more than my income however they point blank refused this demanding the full sum. I own a car which is only worth approx £500 at a push.

I obviously have no chance whatsoever of raising that kind of money so here I am asking for advice. The only contact I have made with so far other than a phone call to them and to the issuing court is an email I sent last week with the following on the advice of another forum....


In regards to your latest letter to me, under the Office of Fair Trading rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. Therefore any charges cannot be incurred. There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance."

I advise you that any attempts to contact me must now only be in writing; Your threat to force a home visit will be recorded and noted down in my complaint to the Office of Fair Trading. A copy of this letter will also be sent by recorded post."


Will this have made any difference at all? Can I stop them ? What should I do ? Who should I talk to ?

I appreciate any help advice and I thank you in advance
Jamie.

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Pote Snitkin
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#2 Re: Marston holdings help...

Post by Pote Snitkin » 20 Jan 2017 00:11

That email ain't gonna work for this kind of debt.

Did this go to court when you didn't pay the original FPN? If so, did you attend and what was the outcome?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Jayycarr
Posts: 2
Joined: 19 Jan 2017 23:27

#3 Re: Marston holdings help...

Post by Jayycarr » 20 Jan 2017 00:20

Yes it did go to court but no i did not attend unfortunately as I had mixed up the dates realised a little to late.

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Pote Snitkin
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Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#4 Re: Marston holdings help...

Post by Pote Snitkin » 20 Jan 2017 09:13

If you want more time to pay and you have had a change of circumstances since you were fined, then under Section 85 of the Magistrates' Court Act 1980 the court has power to remit fines where there the defendant has had a change in the financial circumstances

If you didn't attend, under Section 165 of the Criminal Justice Act 2003, the court has power to remit fines where the fine has been imposed without an ascertainment of means.

You go to court speak to the usher and ask to go before a Clerk to the Justices taking some evidence of your change of circumstances or evidence of income that wasn't considered at the time.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Michelle
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Joined: 10 Nov 2014 14:42
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#5 Re: Marston holdings help...

Post by Michelle » 20 Jan 2017 18:20

Jayycarr wrote: I obviously have no chance whatsoever of raising that kind of money so here I am asking for advice. The only contact I have made with so far other than a phone call to them and to the issuing court is an email I sent last week with the following on the advice of another forum....
I wonder what forum that may be :? given how grossly out of date the wording is, :o I can't believe the two main players (CAG/LB) would still be using that, but you never know. :roll:
Jayycarr wrote: In regards to your latest letter to me, under the Office of Fair Trading rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. Therefore any charges cannot be incurred. There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance."

I advise you that any attempts to contact me must now only be in writing; Your threat to force a home visit will be recorded and noted down in my complaint to the Office of Fair Trading. A copy of this letter will also be sent by recorded post."
Pote Snitkin wrote:That email ain't gonna work for this kind of debt.
Nope! That's the one for officious debt collectors as opposed to bailiffs. It also mentions the Office of Fair Trading, which ceased to exist nearly three years ago, in April 2014 if memory serves me.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

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