Reclaiming from Marston a historic 'debt' we didn't owe but paid out of fear?

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MissusMop
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Reclaiming from Marston a historic 'debt' we didn't owe but paid out of fear?

Post by MissusMop » 04 Dec 2017 17:23

n a nutshell, we ended up forking out £415 to Marstons for a 'debt' that wasn't owed, out of fear of it escalating and not being able to prove otherwise. After a recent visit from the bailiffs - even though my boyfriend paid up - we are now wondering if there is a way to get the money back?

My boyfriend received a letter of enforcement to my house (where he now lives) about 3 months ago, saying he owed £350 for a debt that he had no idea about. He ignored it (unknown to me at the time), then he got another letter with the fee up to £415, I told him to deal with it,
because I was scared about bailiffs knocking on my door.

He called them up to ask what the debt was about and they told him to contact the historic debt office. It appeared he was fined in 2013 for 'nonpayment of a TV licence', as a court decision (he had left the property) was made in his absence that he had a TV without a licence, and fined him. As we didn't know how he could have proved he didn't have a TV, and had no idea that we could have appealed this, to get them off our backs and to stop the charges going up, my boyfriend just paid the fine.

He did it in two installments as we don't have much money. We thought that it was over, then yesterday we got a knock at 10am on Sunday morning from Marston bailiffs, saying he still owed money, and they were putting even more charges on top. He showed them the bank statement of the final payment, and they said they would check it out and went away.

It has made me really angry that even after paying money that wasn't owed, they still came round harassing us. I have no idea if they will be back, but am I right in thinking the fine was invalid anyhow, and (had we known), he could have made a statutory declaration?

I am wondering what we can do about this? I want to fight them now, it is so unfair that this is happening and they got money out of us that they shouldn't have done, just because we were scared.

Thanks for any help/advice.

MissusMop
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Re: Reclaiming from Marston a historic 'debt' we didn't owe but paid out of fear?

Post by MissusMop » 04 Dec 2017 17:25

He paid on his debit card also, in two installments, so I'm not sure a chargeback could work? And if it did, then what, as they would then very much harass us?

Thanks!

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Re: Reclaiming from Marston a historic 'debt' we didn't owe but paid out of fear?

Post by Pote Snitkin » 04 Dec 2017 19:10

You need to send a statutory delaration to the court that issued the fine. Go to this thread and follow the advice in post #9 - www.bailiffhelpforum.co.uk/viewtopic.ph ... 16&p=71001
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MissusMop
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Re: Reclaiming from Marston a historic 'debt' we didn't owe but paid out of fear?

Post by MissusMop » 04 Dec 2017 19:57

So we can do that even though we have now paid it?

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Re: Reclaiming from Marston a historic 'debt' we didn't owe but paid out of fear?

Post by Pote Snitkin » 04 Dec 2017 20:50

Yes. You were unaware of proceedings or to examine the evidence.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

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Re: Reclaiming from Marston a historic 'debt' we didn't owe but paid out of fear?

Post by Pote Snitkin » 04 Dec 2017 23:15

MissusMop - I can see you've posted on another forum and are being given the usual runaround they give everyone. Be aware that the member Bailiff Advice is a known bailiff sympathiser - I can see she is giving her usual 'pay up' advice. She despises this site and will now argue against any advice you receive on here.

For the record, the £235 fee does not become payable at the end of the compliance stage as she states; it becomes due when an actual visit is made. As you had cleared the debt before any visit then no £235 fee can be charged.

Just get that stat dec in - explain that you were not aware of the procedures and that the court staff did not advise to do a stat dec when you initially contacted them. You only became aware of the legislation following the bailiff visit (after the debt was paid) and sought advice.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

MissusMop
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Re: Reclaiming from Marston a historic 'debt' we didn't owe but paid out of fear?

Post by MissusMop » 05 Dec 2017 08:50

THANK YOU so much for that Pote Snitkin. I've just spotted your reply here after going back to that thread. I think I found that forum before I found this one, and so posted there first.

Yes, we had cleared the debt several weeks before the visit, late September/early October. They haven't been back since Sunday so I am hoping that they are aware they have no grounds now. I'm not sure what their general timescales are though, having never been in this position before.

Going to get the stat dec in yes - only concern is being way outside the time frame, but as my partner was recently diagnosed with chronic fatigue syndrome and is pretty ill, am hoping that offers mitigating circumstances? Also, on another note, would that make him a "vulnerable person"?

That he is unwell is one of the reasons that I am helping him and taking charge of seeking information. Also, because it's my house we're living in, and I don't want this on my doorstep, of course!

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Re: Reclaiming from Marston a historic 'debt' we didn't owe but paid out of fear?

Post by Pote Snitkin » 05 Dec 2017 13:07

Send the stat dec in and you'll then get a chance to see what evidence TVL relied upon.
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Re: Reclaiming from Marston a historic 'debt' we didn't owe but paid out of fear?

Post by Schedule 12 » 06 Dec 2017 17:18

...and send it by RECORDED DELIVERY. Do not take it in person or be told to 'book an appointment'.

There are people out there looking to give wrong advice. They are both unemployed with nothing better to do apart from cause trouble. They have been banned from this forum countless times. More than 50 times in the last 3 years.

The other forum you posted on is run by a known activist who used to comment on the media about consumer issues, but was recently found to be using his website to make discredit me. He was struck off by the media when his commentary was presented to them. He along with Sheila Harding mounted an internet forum war to bring this board into disrepute when they were losing members for giving them wrong advice.
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