TV Licensing Marstons

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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bellabella
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#1 TV Licensing Marstons

Post by bellabella » 21 Mar 2017 11:39

On friday a fairly pleasant guy from Marstons appeared at my door demanding 680 for the unpaid fine - I explained that i did not have that right now but I could probably get some or most of it by today, he accepted this and said he would contact me in due course to arrange the payment. In the meantime i paid the full fine directly to the court. He has called today and i told him I could not pay anything to him but had cleared the fine in full - He informed me that I was still liable for their fees. I offered to clear the fees but could not do that today but that if he could give me 2 weeks I may be in a better position. He said he would have to phone the courts and see if this agreement was acceptable, but that he would speak to me again on the 4th April.

How do i proceed if the warrant is no longer in effect? is there a letter I can hand to him or something I can send directly to Marstons?

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#2 Re: TV Licensing Marstons

Post by Schedule 12 » 21 Mar 2017 11:43

You have to give notice to the enforcement agent saying the sum adjudged has been paid into court.

I can't say you don't owe the fees unless the bailiff has breached any provision of the Schedule 12 provisions. If a provision is breached, then regulation 3 of the Taking Control of Goods (Fees) 2014 applies, which says:
  • Application of these Regulations

    3. These Regulations apply when an enforcement agent uses the Schedule 12 procedure.
If the bailiff takes an enforcement step after the enforcement power has ceased, then he is liable for an action brought under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

There is one catch. The bailiff is not liable unless he has been given notice the amount outstanding has been paid. Paragraph 59 of Schedule 12 of the TCEA 2007.


I've attached a template to give him notice.
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bellabella
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#3 Re: TV Licensing Marstons

Post by bellabella » 21 Mar 2017 11:56

Thank you for your help it is much appreciated

bellabella
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#4 Re: TV Licensing Marstons

Post by bellabella » 21 Mar 2017 13:02

I dont have the guys full name just his first name and a mobile number. Will that be enough to include as the CC?

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#5 Re: TV Licensing Marstons

Post by Pote Snitkin » 21 Mar 2017 13:16

What's his first name?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

bellabella
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#6 Re: TV Licensing Marstons

Post by bellabella » 21 Mar 2017 13:21

Stephen

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#7 Re: TV Licensing Marstons

Post by Pote Snitkin » 21 Mar 2017 13:27

At a guess.... Stephen Millar.
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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#8 Re: TV Licensing Marstons

Post by bellabella » 21 Mar 2017 13:30

Scottish?

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#9 Re: TV Licensing Marstons

Post by Pote Snitkin » 21 Mar 2017 13:33

No idea. Millar is certainly a scottish name.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

bellabella
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#10 Re: TV Licensing Marstons

Post by bellabella » 21 Mar 2017 13:46

I assumed you had met him sorry. Thank you for your help

Twixi
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#11 Re: TV Licensing Marstons

Post by Twixi » 21 Mar 2017 14:23

He sounds more reasonable than the one I've had to seal with. Although if the fine is paid the court won't direct him with regard to the fees. I had the same, they are far too busy let alone to deal with bailiffs and debtors when it comes to fee's.
From the advice I've been given from great people on here, fees have nothing to do with the courts, they don't impose them.I've learnt so Oooh much. Good luck ☺

bellabella
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#12 Re: TV Licensing Marstons

Post by bellabella » 21 Mar 2017 14:54

Thank you, its all a bit nerve wracking and whilst he has been pleasant until now, I feel sure that will change when i tell him i have no intention of paying the balance in full on the 4th. I am not sure if i legally owe them anything else but I can relax at least for now.

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#13 Re: TV Licensing Marstons

Post by Twixi » 21 Mar 2017 15:05

The advise I have been given has helped me understand things. I paid my fine online and got a receipt.
The baliff was claiming I still had to pay fees for enforcement, however my understanding is , he hasn't secured any property I own, inside or outside. The fees they charge come from the proceeds of sale in the event that the sum owed is not paid. This would include the sum adjudged and the fees etc.
I paid the fine direct like you have, he hasn't done his job because nothing has been claimed in the event of a sale etc. He will get the hump, as Jason and others have pointed out, he loses his commission (£90). My EA in particular wasn't pleasant, and I had threats etc. But Jason helped me stand my ground.The law says the "sum adjudged has been paid, the Enforcement ceases to have effect" take a look at my post "paid on line" great info, very informative ☺

bellabella
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#14 Re: TV Licensing Marstons

Post by bellabella » 21 Mar 2017 15:32

I did read your posts before i posted mine, its just all a bit confusing as the terminology used in the correspondence is difficult to understand. I get that he cant legally enforce anything now that the fine is paid, probably why he allowed me the extra couple of weeks and said he would refer it back to the courts.. I am a single person living alone and I have had first experience of how underhand they can be in the past. Once i have the receipt from the court I will forward the email and post the letter. He didn't enter the premises but my car is on the drive and I am not sure if he took details or not.

Twixi
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#15 Re: TV Licensing Marstons

Post by Twixi » 21 Mar 2017 15:53

Might have to check back with Jason on that score, but I think he can't take it because that would be an illegal enforcement, after the warrant has ceased.
I could be wrong. Your in the best place for guidance.

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#16 Re: TV Licensing Marstons

Post by beauty » 03 Apr 2017 14:14

hi, pls can anyone help me.I loose my old house to bed and breakfast while i was there.i call tv license that I'm not living in the old apartments anymore that I'm now homeless so therefore i dnt need TV for the moment. unfortunately I received Tv license penalty charge of £600 .i call Tv to ask why but i was told to call 020827711533 i think magistrate london .but have call several time no body pick the call.please if there's any number to solve this issue. thank you

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#17 Re: TV Licensing Marstons

Post by Schedule 12 » 03 Apr 2017 16:07

Can you confirm (yes or no) you were unaware that you had been fined until you received a bailiff.
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#18 Re: TV Licensing Marstons

Post by bellabella » 21 Apr 2017 13:05

Hi me again guys, I paid some of the fees off because I could and I didn't want the hassle really, plus I had not received confirmation that marstons had received my letter. I have just delayed the inevitable, I said I would make another payment today. In the meantime I have received an email from marstons acknowledging my letter and was told it would be forwarded to me Miller. He has rang my home phone repeatedly and my mobile today, left a message saying that unless I call him to make payment the removal team will be at my place at noon.. (I am not there). Am guessing he is upset he can't enforce because he has been overly pleasant until this point. I have not answered, is it best to just avoid him or is there something I can say to put an end to it. The outstanding balance is £150 and I am worried he will clamp my car if I don't stand up for myself. Can anyone advise please

bellabella
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#19 Re: TV Licensing Marstons

Post by bellabella » 21 Apr 2017 13:32

He is also threatening to add extra costs

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#20 Re: TV Licensing Marstons

Post by Schedule 12 » 21 Apr 2017 14:08

You have previously said the fine has been paid, and you gave notice to the bailiff the fine has been paid.

If the bailiff takes an enforcement step, then he gets a day's time out attending court. He will have to pay for his own defence costs. Not really worth it for £150.
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bellabella
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#21 Re: TV Licensing Marstons

Post by bellabella » 21 Apr 2017 14:32

Thank you, have since had a message saying bet has had the removal guys take an early lunch.. call me! 13 missed calls and 3 text messages that is just in my mobile. I have unplugged the house phone as it wouldn't stop ringing either.

bellabella
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#22 Re: TV Licensing Marstons

Post by bellabella » 21 Apr 2017 14:44

Should I just ignore him?

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#23 Re: TV Licensing Marstons

Post by Schedule 12 » 21 Apr 2017 14:49

Give them a copy of the Paragraph 59 notice from post #2 above. You can give it to the bailiff by text message. Or you can send it to me and we can send it from our number. I need the notice completed and scanned and I also need the bailiffs mobile number.

jason (at) dealingwithbailiffs.co.uk
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bellabella
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#24 Re: TV Licensing Marstons

Post by bellabella » 21 Apr 2017 14:51

OK thanks will email it to you now

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#25 Re: TV Licensing Marstons

Post by Schedule 12 » 21 Apr 2017 15:16

Done.
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bellabella
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#26 Re: TV Licensing Marstons

Post by bellabella » 21 Apr 2017 15:38

Thank you so much.

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#27 Re: TV Licensing Marstons

Post by bellabella » 21 Apr 2017 17:56

He has since left a voicemail saying it makes no difference and a text saying a removal team will be sent in. What is the best thing to do now? Can they add extra costs at this point?

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#28 Re: TV Licensing Marstons

Post by Schedule 12 » 21 Apr 2017 18:12

The regulations don't provide for it.

The enforcement power ended when the sum adjudged was paid.

Bailiffs cannot take an enforcement step to recover fees. There is one very landmark case progressing court now where the solicitor discovered there are in fact no obligations to debtors to pay bailiff fees of any kind of debt. It will be interesting how the judge pans out with that.

If the bailiff does turn up, then deploy a pay and reclaim. You can redress it through the courts. That makes the case toxic for both the bailiff and for Marston. Get everything on video. Do not sign anything.
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bellabella
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#29 Re: TV Licensing Marstons

Post by bellabella » 21 Apr 2017 18:21

Should I answer the door?

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#30 Re: TV Licensing Marstons

Post by bellabella » 26 Apr 2017 11:13

Ok so I have had marstons at the door again and my car is now clamped, he is still waiting over the road and has left a couple of letters. How do I get this clamped removed without dealing with him, its a different bailiff and was hammering the door down for at least half an hour.

bellabella
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#31 Re: TV Licensing Marstons

Post by bellabella » 26 Apr 2017 11:24

I will not be bullied

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#32 Re: TV Licensing Marstons

Post by Schedule 12 » 26 Apr 2017 14:24

Deploy Pay and Reclaim.

It gets the bailiff into court and a days timeout. Marston will have to swallow the cost of defending the claim. Take photos in the clamped car showing its registration. Never pay cash. Always by card. Get a mugshot of the bailiff. Get the receipt proving the sum adjudged has been applied before the date the car was clamped.

Here is how to bring the claim. http://www.dealingwithbailiffs.co.uk/Co ... edure.html

Here is the legal argument to support the grounds of your claim: http://www.dealingwithbailiffs.co.uk/Co ... ement.html

You can slow claim special damages arising from the cost of taxi's and other transportation while your car was clamped.

You can claim fixed damages one day £50 for the deprivation of the use of the car. We are regularly achieving a daily rate of £50 a day in the small claims track.
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bellabella
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#33 Re: TV Licensing Marstons

Post by bellabella » 28 Apr 2017 14:56

Am I being paranoid but because it seems like anyone posting here is being targeted. I was i was in a position to pay but only because I have some support, I really do hope these cooks are held responsible for their actions 😖

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#34 Re: TV Licensing Marstons

Post by Schedule 12 » 28 Apr 2017 15:18

That is only a matter of time. I can't say more than that.
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