Marstons Bailiff

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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djsith
Posts: 1
Joined: 20 Apr 2017 09:04

#1 Marstons Bailiff

Post by djsith » 20 Apr 2017 09:14

Hi there, newbie posting looking for advice. My brother in law had a speeding ticket which he had agreed to pay in installments (agreement with Marstons). It turns out that he stopped paying when he had paid £180 as 'that's what the fine was for', obviously Marstons have compliance and other fees to add on so he had not paid of the total amount outstanding and I expect Marstons will pay off fees first before paying off the fine amount. Today a Marstons enforcement officer has turned up at my sisters house with a court order to remove goods for auction to pay off the amount outstanding which is now £655! I paid the amount on a credit card for her as I couldn't see her children returning from school to an empty house.

I've got professional experience dealing with creditors and parking fines but I've never dealt with HMCTS fines before so not sure if I can reclaim anything back or not. Any help would be greatly appreciated.

Thanks

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jasonDWB
Posts: 1306
Joined: 30 Jul 2012 21:23
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#2 Re: Marstons Bailiff

Post by jasonDWB » 20 Apr 2017 21:01

You can reclaim it. The enforcement power ended when the sum adjudged was paid.

There is a snag. I can't say the money is not owed, but I can say there was no enforcement power. There is a case in progress that is to decide whether bailiffs fees are the debtors liability. The law sets a fee schedule for stages of enforcement, but nothing in any enforcement regulations says they are owed by debtors.

For now, you can start the small claims track proceedings to get your money hack.
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