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Category: Law
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this is chantal i just asked a question to a solicitor about

Customer Question

this is chantal i just asked a question to a solicitor about marston baliffs sorry battery went on computer
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

my son karl had a driving fine but becouse he missed some payments he was refured to marston who came to my home yesterday can you remember the one i sent you about 15 mins ago

Expert:  Jo C. replied 3 years ago.
I can't see anything else on your account?
Customer: replied 3 years ago.

my son karl had a driving offence for which he received a fine he missed some payments but always court up the fines department reffured him to marstons high court karl continued to pay but thenmissed one payment marston added £85 cost karl payed again then later missed i should say that karl is not working and is paying £20 a month this is what the court did agree to when they fined him. Karl missed again we then received a letter with this tim £300 cost this was in May i myself did forget to tell karl. Marston then said he had a number of days to pay the full amount i payed the arrears of £80 last week Marston officer wre at my door yesterday asking for karl i told them he was'nt in they then told me they had a warrent for him i asked what for they said for this £815 it was £895 but they had taken the £80 that i had payed last week off,, i told them karl was not working and he did not have that amount of money the officer then told me that they had this warrant for him they would take him back to court and he would be sent to prison i then said well he cant pay that amount and i couldntt he asked why i said i was on disability he then ask me what was i on disability with isaid mental health problems and my back he asked me what was my mental health problem and that i looked alright to him was i bipolar i said along them lines he then told me they could take my goods from my home i told him that they could'nt take much as i dont have alot and said he could come and have a look he did agree a this point becouse i dont have much. the officer then said could karl get it from anyone else i said maybe his dad he said well ring him i said i dont have his number karl has it but then remembered the job his dad was on had finished and told him this he said he must have money in the bank has he been made redundant i said no the job he was on had finished then he asked me to ring karl to ask him to ask his dad, i did ring karl explained who was here and told him what they had said the officer then said let me speak to him so i did he was then asking karl to ask his dad karl said he where was he supposed to get that kind of money from said he would ring me back . inbetweenI karl ringing back i asked him if they called him Mr Williams he said no then said Andy williams i said yes becouse i had rang this mr williams before and he did'nt return my call he then told me mr williams had been finished for not doing his job propley. Karl did ring him back and said he would try and get the money of his rugby coach.. My son and myself are stressed becouse i dont know where the money is going to come from and my neighbours heared most of everything that was said.

Expert:  Jo C. replied 3 years ago.
I'm really sorry but I can't follow the above. I'm sure its me but I can't follow anything without punctuation.

How about if we try to summarise this and I ask you certain specific relevant questions? Is that ok?
Customer: replied 3 years ago.

yes thats fine , my english is not very good sorry.

Expert:  Jo C. replied 3 years ago.
No, its no problem.

What was the driving fine? From whom?
Customer: replied 3 years ago.

Myself and Karl were pulled over by the police karl was driving he exceeded the speed limit was not insured and was not displaying L plates it was my car and i did let him drive i was insured, we were both fined by penrith court and i received a ban. Karl was over a £1000 pound fine

Expert:  Jo C. replied 3 years ago.
Ok. Its a proper court fine.

Did he pay it?
Customer: replied 3 years ago.

Yes he pays, he does miss payments but always catches up, he pays £20 a month this is what the court orded him to pay. With him missing payments this is when they refured him to Marstons.

Expert:  Jo C. replied 3 years ago.
Ok. How long ago was the last default please?
Customer: replied 3 years ago.

The letter i have here dates the17 May this is when they put the £300 costs on , it was down to £595. It says offence; Use of motor vehicle without third party insurance. I payed £80 last week which brings him up to date with his fine

Expert:  Jo C. replied 3 years ago.

But he would have agreed a repayment rate with the court. When did he first default roughly?
Customer: replied 3 years ago.

I dont Know, he was ordered to pay £20 a month by the courts, i know he has missed payments but has always court up, he is not behined in payments, The fines department must have got sick of the missed payments and refured him to marston who are now in possession of a magistrates court order for none payment.

Expert:  Jo C. replied 3 years ago.
Yes, he must deal with this. This is not a bailiff matter. They have the power to arrest and put him before the court who can imprison. He must face facts.

It doesn't matter really for the purposes what his reasons are. Either he deals with this or he is at realistic risk of going to prison and since he is male that could actually happen.

He needs to go down to the issuing court as soon as possible. ASAP means Monday not when his work commitments allow. He can hand himself in to the court for non payment of fines. There is a risk they will out him in the cells but in a busy Magistrates court on a Monday morning when you've handed yourself in, you usually end up just sitting outside until the court can deal with you.

Then he needs to explain the defaults to the court. He must take some money with him and make a repayment offer that he can afford. He must be in a position to pay something on Monday.

I would normally suggest phoning the fines office first but I would imagine from what you say that they are no longer wiling to discuss this. Might be worth a try at 9am.

If you can persuade the court they will call off the bailiffs.

Unfortunately though he will still be liable for bailiff fees hitherto.

The other alternative, which sum do prefer, is to go to prison for a short time as the fines are written off. Normally every day served writes off £100. Some people do prefer that. I imagine he would not.

Can I clarify anything for you?

Customer: replied 3 years ago.

karl does not work this is why he only pays £20 a month this is what the courts order was

Expert:  Jo C. replied 3 years ago.
But he hasn't been maintaining it and people go to prison for that Im afraid unless they negotiate alternatives with the court.
Customer: replied 3 years ago.

i know he has not maintained regula rmonthly payments but he is not in any arrears with his fine

Expert:  Jo C. replied 3 years ago.
No, but he fell into arrears and so they have added bailiffs fees which is the issue.
Expert:  Nicola-mod replied 3 years ago.

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