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first letter from Marstons "removal notice" help needed!!

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  • first letter from Marstons "removal notice" help needed!!

    hi im new to the site and have seen a few people have had some bad dealing with Marstons.

    I got issued a fine for not paying a metrolink fare (i did have a weekly pass but left it at home, i posted it to the metrolink offices and they said they never recieved it, so it got taken to court and i was fined £250. i couldnt argue with the decision as i stupidly sent the origional and didnt photocopy it.) I filled a form sent by the court to give details of my incoming and outgoings. I did this and they told me to pay £115 a month which for me is a joke as im on income support, got 3 young children (9, 4 15months), suffer from severe depression from age 13, and my partner is also umemployed at the moment due to the place where he worked going out of business. I contacted the courts again and they were adiment that i could afford the repayments and they refused to deduct any money directly from my benefits, they then sent a payment card and i was still unable to afford the amount they said so i called again, i was told to "leave it with them" so i did.

    Then this morning i got a knock on my door at 7.45am the man handed me a letter asked if he had the correct name and left, he didnt say who he was he just walked to his car and drove away. I opened the letter and it was from Marstons, saying it was a letter of a "notice of removal of goods", i phoned them straight away spoke to a very unhelpful, arrogant woman, i asked if i could set up a payment plan and she laughed at me and said "you most certainly can not!" when i asked why she said that it had gone to far and i had ignored previous letters from them i explained that i hadnt recieved any letters prior to the one the man handed over at my door and that i never even heard of the company she laughed again and told me that "that was my problem" and i needed to make full payment of £550!! Again i told her i was recieving income support and was told she didnt care and there was nothing she or anyone else can do id have to explain that to the bailiff when he comes to collect my things!

    She didnt say when the bailiff was going to come to my house, and now im so scared after reading what other people have said about this company that they are going to break into my home whether im there or not because its a magistrates fine. i dont understand how iv gone from having a £250 fine increased to £550? Especially without any prior notice, i no for a fact i havent had any letters sent from this company or i would have recognised the name straight away and it wouldnt have come this far i would have made contact sooner.

    I'm at a loss i dont know where to go or where to turn, any advice would be very greatly appriciated. I really dont want someone taking my stuff and its not like im not willing to pay because i am but i just want a repayment plan thats suits everyone.

    thanks for taking time to read and possably respond!
    Tags: None

  • #2
    Re: first letter from Marstons "removal notice" help needed!!

    Although a Court fine can carry the risk of forced entry this very rarely happens and was put into place for the more "hardened" type of person who treats this sort of thing as a career. Yes he will threaten & cajole you & also the Police will say he is allowed to come in - this is usually because the Police do not really understand what the Bailiff is allowed to do.

    Did you receive a Further Steps Notice from the Court which would have asked you to bring your account up to date or X, Y or Z may happen? As far as I am aware this is a legal requirement. I also assume that Marstons will be trying to charge you for a Letter/Admin Fee of £85 for something which you appear not to have had - they will no doubt clim it has been sent and the onus is on them to prove it has, they will need to provide a Certificate of Posting, they cannot rely on "we sent it".

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    • #3
      Re: first letter from Marstons "removal notice" help needed!!

      Thanks for your reply. I have since got in touch with community legal advice, they contacted the courts to ask it to be returned to them and have a means test hearing, but they refused, they said that now it has gone to the bailiffs there would be nothing they could do. Today i phoned Marstons again and pretty much got the same responce as on monday, however one thing does bother me, on monday i was told by that no more charges would be made on the next bailiff visit and today i was told there would be, so now i dont know if the debt is going to increase or not??

      The only 2 things i recieved from the court was the hearing details (which arrived a day after the hearing) and then my payment card, they have said i made no contact with them at all but i have things wrote down on the payment card letter from a couple of different occasions unfortunatly i didnt put the name of the person who i spoke to only what they said, Ill contact Marstons and ask for the proof that they posted that letter. thanks for your time and responce!!

      Also i have just been reading other posts RE Marstons and is is right that if i pay £250 direct to the court that is the end of the matter? i am finding all this very confusing??? someone plz advise me if this is correct, if so i will struggle beg and borrow to raise the £250 and pay the courts asap!
      Last edited by mumof3; 2nd August 2012, 12:38:PM.

      Comment


      • #4
        Re: first letter from Marstons "removal notice" help needed!!

        It sounds very much that your have not received a Further Steps Notice which is a legal requirement before proceeding with enforcement via bailiffs. Some HMCTS areas are notorious for non-compliance with this requirement and it is best to make a formal complaint to the Ministry of Justice. The best person, in my considered judgement, would be Sir Suma Chakrabarti KCB, who is the Permanent Secretary at the MoJ. As such, Sir Suma is the most senior civil servant at the MoJ and is in overall charge of the MoJ and its divisions, including HMCTS. The politicians simply dictate policy. Sir Suma's contact details are -

        Sir Suma Chakrabarti KCB
        Permanent Secretary
        Ministry of Justice
        102 Petty France
        London
        SW1H 9AJ
        Life is a journey on which we all travel, sometimes together, but never alone.

        Comment

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