Marstons help please

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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Smithlmanc
Posts: 1
Joined: 05 Jun 2017 12:55

#1 Marstons help please

Post by Smithlmanc » 05 Jun 2017 13:08

Hi there,

My partner received two fines for no tax and a fine for no tv licence at the beginning of the yea
As we couldn't affOrd to pay in full they agreed to let him pay £100 a month and grouped all the fines together.
My maternity pay recently ended so we missed aprils payment and it now appears it has been passed to marstons I sent them a letter by recorded delivery on 17th may' no response, I have also since sent two emails but again no response.
Today I received a hand delivered letter saying they will be back one morning this week to take control of good

Can they just break in? Why are they not responding to my emails and letters but still trying to enforce)
My partner suffers from depression and stress and he is the sole earner does he class as vulnerable?

I just can't deal with being in my house looking after a baby with bailiffs at my door so any help on how to deal with this would be greatly appreciated

Many thanks

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Schedule 12
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#2 Re: Marstons help please

Post by Schedule 12 » 05 Jun 2017 13:58

Smithlmanc wrote:
05 Jun 2017 13:08
Hi there,

My partner received two fines for no tax and a fine for no tv licence at the beginning of the yea
As we couldn't affOrd to pay in full they agreed to let him pay £100 a month and grouped all the fines together.
It looks like Court service consolidated the fines together and allowed it to be paid instalments,


My maternity pay recently ended so we missed aprils payment

This is a change of circumstances. The law is Section 85 of the Magistrates' Court Act 1980 gives the court power to remit fines where there the defendant has had a change in the financial circumstances. It states;
  • 85 Power to remit fine.

    (1)Where a fine has been imposed on conviction of an offender by a magistrates’ court, the court may at any time remit the whole or any part of the fine, but only if it thinks it just to do so having regard to a change of circumstances which has occurred

    • (a)where the court is considering whether to issue a warrant of commitment after the issue of such a warrant in respect of the fine has been postponed under subsection (2) of above, since the relevant time as defined in subsection (4) of that section; and

      (b)in any other case, since the date of the conviction.


and it now appears it has been passed to marstons
That is standard court service practice. Blindly send them to bailiffs the moment a payment is missed.

If the court did not give a Collection Order or a Further Steps Notice, then you can get the enforcement stopped. Here is how: http://www.dealingwithbailiffs.co.uk/Co ... iliffs.htm see under No Further Steps Notice or Collection Order received



I sent them a letter by recorded delivery on 17th may' no response, I have also since sent two emails but again no response.
Marston will ignore everything. It's a commercial company out to take your money.


Today I received a hand delivered letter saying they will be back one morning this week to take control of good

Did you get one of these? http://www.legislation.gov.uk/uksi/2014 ... edule/made

If not, then Marston is out to cheat you by ambushing you into giving money under a threat of breaking and entering.


Can they just break in?
Yes, but only in respect of the unpaid fine. Not for unpaid bailiffs fees.


Why are they not responding to my emails and letters but still trying to enforce)
They just want the money.



My partner suffers from depression and stress and he is the sole earner does he class as vulnerable?
He is vulnerable only if a doctor says so. Ask your doctor to complete a MALG evidence form. This article explains how to proceed as a vulnerable debtor.

http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm


I just can't deal with being in my house looking after a baby with bailiffs at my door so any help on how to deal with this would be greatly appreciated

Many thanks
Run this checklist and see what else you might be able to do to stop enforcement: http://beatthebailiffs.org/magistrates- ... liffs.html
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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