Marstons Hell, please HELP ME!!!!!!

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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Ak47
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#1 Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 13 Jul 2017 08:20

Hi
Please, Marstons bailiffs called at my home whilst I was away. My wife rang in hysteria and I paid a hefty £425.
I have read I could do a section 14 statuary declaration which I intend to do as I was never aware of any proceedings against me. Apparently it is a historical debt for an unlicensed vehicle. I know of no such thing.
What I want to be clear about are my options for reclaiming my money back after I have done the SD

Any advice is highly appreciated

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Schedule 12
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#2 Re: Marstons Hell, please HELP ME!!!!!!

Post by Schedule 12 » 13 Jul 2017 08:56

The court will only refund you the fine, but the £310 will have to be recovered in the small claims track from the bailiff company.

You just send the bailiff company a letter with a copy of the SD and give your bank details for them to pay the £310 into it by a deadline. When that passes, open an account on money claim online.

http://www.dealingwithbailiffs.co.uk/Co ... edure.html
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Ak47
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#3 Re: Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 13 Jul 2017 09:09

Thank you Jason,
Now, please, which is the best SD form to use? Thus far, I have seen two variations so I need to be sure. Will appreciate if you could share that with me, please.

When sending off the SD, need I also send a copy to MoJ? I asked because the court the bailiff Tod my wife is now closed and apparently another magistrate court took over the case.
Now, I am still unsure who the creditor is, you know? Can you deduce?
Lastly, what is the correct company name for marston bailiff? I see they use group, holdings etc

Thank you, Jason

Ak47
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#4 Re: Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 14 Jul 2017 05:10

Any comment, please will be highly appreciated
Also keen to understand how the figure of £210 has been arrived at.
I contacted my bank to dispute the amount but sadly they have honoured the payment.
Please, what are my options with the bank on this?
Thanks in advance

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Schedule 12
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#5 Re: Marstons Hell, please HELP ME!!!!!!

Post by Schedule 12 » 14 Jul 2017 16:56

Ak47 wrote:
13 Jul 2017 09:09
Thank you Jason,
Now, please, which is the best SD form to use?

There is no 'form' to make a Statutory declaration.

This Template. works.

It must be sent to the court by recorded delivery, otherwise, it will fail.


Thus far, I have seen two variations so I need to be sure. Will appreciate if you could share that with me, please.

When sending off the SD, need I also send a copy to MoJ?
No.


I asked because the court the bailiff Tod my wife is now closed and apparently another magistrate court took over the case.
Now, I am still unsure who the creditor is, you know? Can you deduce?
The court refunds the fine by sending you a cheque, but you can include your bank details to enable them to pay the money into your bank.


Lastly, what is the correct company name for marston bailiff? I see they use group, holdings etc

Thank you, Jason
They use a PO Box address with Royal Mail, but tracked items are delivered here:
  • FAO, A Director
    Marston Group Limited
    Kestrel House, Falconry Court
    Baker Lane
    Epping
    CM16 5DQ
Copy it by email: customercare@marstongroup.co.uk
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Ak47
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#6 Re: Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 15 Jul 2017 12:44

Thank you.

I shall keep you posted

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#7 Re: Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 24 Jul 2017 11:00

Hi Jason/,
I have now made the SD and sent copies to Marstons. I have not heard from Marstons but the court has replied to me via email and informed me same is in the post to me.

Below is the extract of the Letter from the court;

The hearing will be re-opened and the original case will now be re-heard and listed on Monday 4th September 2017 at 10am at:

Highbury Corner Magistrates’ Court
51 Holloway Road
LONDON
N7 8JA

DVLA and the fines office will be notified. Enforcement of the fine will be held until 4.09.2017. You must attend on this date. The above account will not be written off unless it has been officially re-opened in Court on this date.

Please, what are my options now?

Can I still start a small claims proceeding against Marstons at this point?

Your advice is high appreciated

Thank you

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Schedule 12
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#8 Re: Marstons Hell, please HELP ME!!!!!!

Post by Schedule 12 » 24 Jul 2017 12:46

You ask Marston for your money back and give your account details to pay it by a fixed date.

If no money, then start the small claims procedure. http://www.dealingwithbailiffs.co.uk/Co ... edure.html

You have a summons. The SD only revokes the proceedings leaving the original complaint intact.

You cannot enter a plea because you don't have a copy of information laid before the court. Ask the magistrate for a copy and 28 days to consider it before considering your plea. Take notes.
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Ak47
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#9 Re: Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 24 Jul 2017 19:50

Thanks.
Now, I already requested some of my money back from Marstons (£310) at the same time that I posted my SD to the magistrate copies of which I also sent to Marstons. I understand that the remaining £115 will need to be recovered from the court?

I shall request this info as you say but question is, does section 127 not come into play here? I mean, I am told this is a matter that was trailed in 2008!

Please advise

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#10 Re: Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 25 Jul 2017 10:22

All, please let me know your thoughts on this

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#11 Re: Marstons Hell, please HELP ME!!!!!!

Post by Schedule 12 » 25 Jul 2017 10:38

They can still pull you on the 2008 offence provided the prosecution shows the complaint was laid within six months of the alleged offence.
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Ak47
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#12 Re: Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 25 Jul 2017 10:43

Ok, but if I want and accept to pay the fine, does this stop any trial etc? I still don't even know what the fine amount is but in any case if I agree to pay it, does that mean Marstons can't touch me any more and must refund the £310 I have demanded either voluntary or through the small claims court?
Thank you

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#13 Re: Marstons Hell, please HELP ME!!!!!!

Post by Schedule 12 » 25 Jul 2017 10:58

You can admit the offence. Any money paid will go towards the fine. The balance is refunded - but you must ASK for it. Court Service will fob you off with contact Marston. Marston will fob you off with contact the court. Don't waste time getting the claim into motion.
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#14 Re: Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 25 Jul 2017 14:42

Thank you for this
If I don't get my money from Marstons by the 14 days deadline, I'll fine a small claims. In parallel I'll request the information the court has regarding the fine so Ivan consider my plea

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#15 Re: Marstons Hell, please HELP ME!!!!!!

Post by Schedule 12 » 25 Jul 2017 18:59

Deal wit the offence first, see how you come through. Then you know how much you are owed.
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Ak47
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#16 Re: Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 25 Jul 2017 21:03

So true

Thank you

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#17 Re: Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 09 Aug 2017 08:59

Now then, the 14 days I gave Marstons expired yesterday and they've failed to refund my £310 so I filed a small claims against them. Now, remember, the court re-summoned me to attend on 04/09. Questions I have are;
1) If I do not attend court, will the court still record a county court judgement against me at my new address even though the £115 DVLA fine has now been paid to them through the £425 that I paid to Marstons??
2) If I do not attend, what becomes of the SD that I made with regards to Marstons power to refund my £310

Please advise me

Thank you ever so much

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#18 Re: Marstons Hell, please HELP ME!!!!!!

Post by Schedule 12 » 09 Aug 2017 09:25

You must attend court if you have been summoned. You ask for 28 days to consider the evidence before you enter a plea.

Do a fee recovery for the £310 in any case.
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#19 Re: Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 09 Aug 2017 09:51

Thank you for prompt response. Problem is, I am away on family holiday on this date! What do I do now, please?

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#20 Re: Marstons Hell, please HELP ME!!!!!!

Post by Schedule 12 » 09 Aug 2017 11:41

Tell the court you have previous commitments. A simple letter and you will get a new summons.
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#21 Re: Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 09 Aug 2017 12:04

Got it. But, rather than postpone, is there a way to just say, you know what, court, fine is paid off now, can I move on for good?

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#22 Re: Marstons Hell, please HELP ME!!!!!!

Post by Schedule 12 » 09 Aug 2017 12:08

Write to the court and tell them. See what happens.
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#23 Re: Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 09 Aug 2017 13:16

Ok. Thanks a lot

In your honest opinion, what do you think about my approach, please?

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#24 Re: Marstons Hell, please HELP ME!!!!!!

Post by Ak47 » 18 Aug 2017 13:54

I have news!!!!
The SD process followed by a small claims court works wonderfully well

Marstons refunded £310

Is it valid to insist Marstons paying the court fees as well as the interest , after all, I gave them 24 days notice?

Please advise

Thanking you

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#25 Re: Marstons Hell, please HELP ME!!!!!!

Post by Pote Snitkin » 18 Aug 2017 15:40

They should've received the claim by now, so if they don't respond then you get judgement by default. Was this a MCOL? If so you can track the progress.

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Schedule 12
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#26 Re: Marstons Hell, please HELP ME!!!!!!

Post by Schedule 12 » 19 Aug 2017 12:21

MCOL - Money Claim Online.

Well done AK47, glad to have helped.
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