Marston Group

[Merseyman]

Hi all,

Just looking for some advice on what to do after receiving a removal of goods notice from the marston group.

I was paying a magistrates court fine (£5 per week) for missing a tv licence payment. I paid this fine with no problems up until september this year when I fell ill and was totally incapacitated to the point I could not leave the house to pay the fine. Since then I received no correspondance from either the court or the marston group to tell me this had escalated to the point where bailiffs would become involved.

The court themselves admitted that errors had been made with this but since the bailiffs have become involved and a distress warrant issued there was nothing they could do. Likewise the marston group told me they cannot accept any instalment payments and require full payment of £410.

I simply cannot pay this in full due to my current financial situation and have been unable to secure help from elsewhere and I feel now there is no more I can do. The marston group told me the bailiff would call in about 2 weeks and if I was not home then the bailiff would post a letter through the door asking me to call them. Firstly is there anything I can do and should I take the marston group at their word of "2 weeks until bailiffs arrive" and that they will post a letter if I'm not home? As I've heard this type of bailiff will actually force entry or break into the property even if no one is home

Many thanks,

MerseyMan

[Amy]

Re: Marston Group

Do you have the £5 a week payments saved up from September that you could pay them? This would be a good start.

They do have the power to break in, although this is rare, but you will need to communicate and pay them. You need to come to another arrangement with them and you need to do it quickly.

If you haven't already done so, you should read the bailiff guide Bailiff Guide - Legal Beagles

[Merseyman]

Re: Marston Group

Hi amy, thank you for the reply.

Unfortunately I don't have that amount saved up but I could probably at a push get it together.

The problem is, this marston group have refused all offers of lower payments and insist on the full amount only. They simply will not entertain my offers.

I as yet have no contact with an actual bailiff, I'm not sure if that will come in the form of that letter they are meant to put through the door if I'm not in when they arrive. But so far the courts and the marston group will not accept anything I put to them even though I am willing to pay.

[Merseyman]

Re: Marston Group

Just to ask also, is it advisable to open the door to a magistrates court bailiff at the first time of asking? Would not letting them in show unwillingness to pay? Would the bailiff just put a letter through the first time so I can contact him or just try to force entry?

Sorry for all the questions but I'm a complete novice with this and its my 1st encounter with bailiffs.

MerseyMan

[Amy]

Re: Marston Group

Scrape together as much money as you can find and then continue to pay each and every week. Do not leave it until the bailiff is forced to take further action.

You do not need to tell the bailiff you are not going to let him in, you could just be "out", but he just might choose to visit a non-payer first rather than one who has made an effort.

[Merseyman]

Re: Marston Group

I had continued to pay through my illness as best as I could. But the court sent me a cheque through the post, I gather cos they wouldn't accept it. Then told me I had to make payments to marston group. When I called them they told me they could not accept lower payments and wanted payment in full. I figure they would send the payments back if I did continue to pay. Plus the fact money has run dry since I haven't been able to claim any benefit since I fell ill and was unable to get out of the house. I have recently claimed jsa but that could take 7-10 days to come through, so at the moment I have no means of paying unless family can help me out. That option has since failed too so at the moment I'm basically at a loss on what to do.

Went to CAB today and they couldn't even do anything about it. They said try negotiating with the bailiff to see if he will accept lower payments but there is nothing to bargain or negotiate with.

[Amy]

Re: Marston Group

Ok, so how much have you paid? What was the original fine and how much is it now?

[Merseyman]

Re: Marston Group

Original fine was £250 and a rough guess I would say it was down to about £170-£150. Now with other amounts being put on I imagine by the court or marston group, it stands at £410. I am not in a position to pay anything until I receive any money. An option but put to me by the CAB was to try and get the bailiff or the court to deduct lower payments through the jsa. My finances have been screwed up for a couple of years now. I had to leave full time employment due to my mother being diagnosed with terminal cancer and I became her carer.She died october 08 and I went onto esa due to severe depression . I lost a tribunal when they said nothing physical was keeping me from working. Then in Sept this year I applied for jsa and this is when my illness kicked in and I couldn't even
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get to benefits office to sign on. This may not be relevant but its the background to how I've arrived at this mess

[Amy]

Re: Marston Group

I suggest that you send a Subject Access Request to the bailiff to ascertain what fees have been added and for what reason.

Bailiff - SAR - Legal Beagles

[Merseyman]

Re: Marston Group

The problem is I don't know who the bailiff actually is. All I've got is a removal of goods notice from the marston group. I have had no contact as yet with an actual bailiff.

Would I send this to the marston group or wait until the bailiff calls/puts a letter with their contact details through the door?

[Amy]

Re: Marston Group

The problem is I don't know who the bailiff actually is. All I've got is a removal of goods notice from the marston group. I have had no contact as yet with an actual bailiff.

Would I send this to the marston group or wait until the bailiff calls/puts a letter with their contact details through the door?

Do not wait until the bailiff calls on you. Send the letter to Marston Group.

[Merseyman]

Re: Marston Group

Just received a letter from the court "grant of time to pay" I must make payments of £5 per week from November 27th.

Does this mean the bailiff warrant has been suspended? I can't ring the court until monday morning to clarify this.

[Amy]

Re: Marston Group

What is the order the result of? Have you written to the court or bailiff? Have you had a hearing?

[Merseyman]

Re: Marston Group

I have had contact with the court several times saying I am willing to pay but at a reduced rate. They consistently told me there was nothing they can do. But now suddenly I have received this letter dated november 19th saying I have to pay £185 at £5 per week. The fine with charges was £410. I don't know what is going on. Unless my dad who was also onto the court on my behalf has arranged something with them I really don't know.