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Urgent help regarding Marstons....

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  • Urgent help regarding Marstons....

    Hi all,
    im a new member to these forums and could appriciate any help possible on how to deal with Marston bailiffs who are due at any time. So the story is i had a magistrates fine issued to me in April 2008, due to circumstances at the time i missed payments and after moving addresses a few times i kinda forgot all about it (the wrong thing to do). So on the 17th May 2012 i had a big red letter put through the door from Marston Group stating that i must pay the fine in full within 7 days (£469), knowing that i could not afford to do this i called the number and spoke to the bailiff directly, i told him that there was no way i would be a able to get that sort of money so quickly, he said that he would give me until the end of the month (basically 2 weeks), at the end of the month i called him back and explained that i could still not afford that amount of money and he said not to worry he will speak to the courts and see what he can do, told me it would take a couple of weeks and wait for me to hear from him. About 3 weeks had passed and i heard nothing from him, so i called him back and asked what was going on, he said that he was sorry but he no longer worked for the company and i will be contacted when another agent is assigned to me. So there i was waiting and waiting, then on the 25th july i come home to find another red letter through the door now stating that i owed £1,126,47, OMG, now panic really does start to settle in, Straight away i contacted the new bailiff and asked about the amount and explained the the old bailiff told me to wait to hear from someone but he was having none of it and stated that i must pay the full amount up front. I simply told him that i do not have that amount of cash (if i did i wouldn't be where i am today). He again said that he would speak to the courts and see what he could do. A couple of days later i called him again to find out what was going on and he said that he had spoken to the courts and they would accept £469.00 upfront and then the rest at £50 per month. I told him that i could afford the £50 per month but just couldn't get together a huge lump sum like that. He said i had until the end of August to pay it and would call me to arrange payment. Well needless to say i never got a call, then out of the blue on the 20th September 2012 he turns up on the door step saying that he has a distress warrent and that if i dont pay the £469.00 now he would remove my goods as a van and locksmith was on there way and would be here in 20 mins! Ok after a brief 5 mins of panic and feeling like all the air in my lungs had just been sucked out i started to ring around friends to see if they could help. Everyone i asked said they was sorry but they just couldn't do it (which is fair enough), around 40 mins later i went outside and spoke to him and seriously told him that i could not get any money for him, he then informs me that i have until Friday the 28th September to come up with the money or he will be back with a van to take my goods (even though i told him i dint have a lot of things). So during the 20th and 28th i started to sell my things as i knew i could get more for them than what he would get, but even through this, it just still was not enough cash. I called him on Thursday 27th September and told him that i cant get the money for him tomorrow, to which his response was "there is no such word as can't", After another few minutes of him arguing he finally accepted that i woulld not have the money for him and got told i was put on the list for the Van tomorrow evening (friday 28th). After i finished work at 6am on friday morning i would go home to get just one hours sleep and then wake up in a panic thinking there outside, so for the next 11 hours i just sat at my bedroom window looking outside, waiting for him to turn up ( i live in a shared house and only have access to my room, kitchen and bathroom). Still by 4pm no one had turned up, so i called the bailiff and asked him what was happening, he told me that he would call the people coming and get them to ring me with a time they was turning up, but yet again no one contacted me, i tried to call him back more than 20 times over the next 2 hours to get a responce but he just didnt answer, i even rang the head office asking what was going on, they ended up transfering me to his mobile which yet again went to an answer phone, the next time i tried to call back the office they just hung up on me and did the same again straight after. So i ended up going to work friday evening with onky just 1 hours sleep and just feeling sick of worry and panic, same again on Saturday, i just sat at my window looking for almost 10 hours but still nothing, couldnt get through to the head office of the bailiffs mobile. Now i know they cant call on Sundays but i still must have looked out of my window more than a thousand times when ever i hear a car or van etc.... Which leads us until today, I have yet again been window watching just waiting for them to turn up, i called the bailiff and asked why they did not turn up, he said that he would call them and ask what is going on and would contact me back "maybe got held up at a previous property" he said, i did however tell him that i had wrote a letter to Marston Group with a repayment offer and also had wrote to The courts manager with a copy of the letter just showing to them the willingness to pay and im not trying to avoid it, so in the hope i can actually get this returned to the court they will know i have been trying to sort this, i dont think he was to happy with me for doing that as he even retracted and asked if i could get him even just £200 pounds today, i just said no to that as i just dont have it. . Now its 17.30pm (still not been contacted back) and i just wanna cry because i cant do anything in the fear of them turning up when im not here. So if anyone out there can give me any advice on how to deal with my situation the please please help a very tired and scared man...

    Things to note.
    1. I have not invited him in to the house (peaceful entry)
    2. All my doors and Windows are locked
    3. I live in a shared house so dont really have much for them to take

    Questions
    1. Can he use a locksmith to gain access on the spot?
    2. Is there any definative way i can get this returned to the court?
    3 What is my best way of dealing with this, as i dont have any money to give him( cannot borrow either).

    I hope there is someone out there who will be kind enough to help me and possibly make me feel like i can actually eat something without feeling so sick and nervous. I just wanna be able to sleep

    Many thanks x x
    Tags: None

  • #2
    Re: Urgent help regarding Marstons....

    Hello Marty and welcome to LB.

    Firstly, rest assured he cannot take anything that does not belong to you, but I'm concerned at the amount he is claiming.
    I'm not a bailiffs specialist, but I will put an urgent call out for someone now

    Grab a cup of tea and listen for the bugles, the cavalry are coming

    P

    Comment


    • #3
      Re: Urgent help regarding Marstons....

      Hi, thx for the very fast response , might just have a beer and listen to some calming heavy rock

      Comment


      • #4
        Re: Urgent help regarding Marstons....

        Sounds good to me

        as far as I am aware, a bailiff cannot have a lock broken without a warrant, and no locksmith will risk his licence breaking it.
        Have you asked for a breakdown of charges, or contacted the court regarding this?

        Marstons are notorious or adding incredible amounts of *coughs* illegal charges on to accounts, if I can see the bod I want, I will direct him here.

        Edit:
        If they do come, keep calm. Do not open the door and ask them to post the levy through the door along with a breakdown of charges. if you have a video camera, record his/her behaviour. DO NOT SWEAR AT HIM. wait till he's gone and then let rip!! Do not enter in to a conversation with him, tell him to post the levy and come away from the door.

        Comment


        • #5
          Re: Urgent help regarding Marstons....

          ....or while the cavalry come...

          http://www.legalbeagles.info/forums/...ans-everywhere

          Originally posted by martyb82 View Post
          Hi, thx for the very fast response , might just have a beer and listen to some calming heavy rock

          Comment


          • #6
            Re: Urgent help regarding Marstons....

            The breakdown of charges are as follows:

            Fine £469.00
            Bailiffs fee £170.00
            Attendance £487.47
            Total: £1,126,47

            I will keep calm as i have read about them calling the police etc and saying about assult when in fact u have not, also a great idea about filming it, i will wipe the memory card now so i can film the whole thing

            Comment


            • #7
              Re: Urgent help regarding Marstons....

              I've pmed a friend who is very knowlegeable in this field, but I'm sure that attendance fee is far too high!

              Have you tried paying the court direct via their automated systems? maybe start £50 per week?

              Comment


              • #8
                Re: Urgent help regarding Marstons....

                The fees, I can assure you, do not comply with the contract Marstons have with HMCTS. The actual figures should be as follows -

                Fine: £469.00
                Admin Fee: £75.00/£85.00*
                Attendance Fee: £215.00/£225.00*

                * Fees can vary between local Magistrates Courts Committees, i.e. £75/£225 or £85/£215

                You need to contact the Magistrates Court immediately and ask for the direct telephone number of the local HMCTS Enforcement Manager. This person is responsible for all court bailiffs, HMCTS Enforcement Officers and Marstons certificated bailiffs when enforcing on behalf of HMCTS. They need to have it made clear to them what is going on. If they try fobbing you off to Marstons, do not be fobbed off. HMCTS is 100% vicariously-liable for the actions of any contracted agents.

                In order to force entry even with a locksmith, Marstons require written authorisation from the court. Any attempt to force entry without such written authorisation may amount to a criminal offence on the part of the bailiff involved. They also have to have police with them when forcing entry.
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment


                • #9
                  Re: Urgent help regarding Marstons....

                  OMG so there fees are far to high then, I will call the courts first thing in the morning to get the part resolved, i did try ringing the court to arrange payment with them but they told me i had to deal with marstons, do you think they are likley to turn up this evening or can i come out of panic mode just for a few hours?

                  Comment


                  • #10
                    Re: Urgent help regarding Marstons....

                    I would suggest coming out of panic mode totally.
                    Call the court in the morning, and speak to the people BB have told you to. Then ring back and use the automated service to make a payment. When you can maybe friday if thats payday, make another payment via the automated system.. DO NOT LEAVE YOURSELF BROKE!

                    BB can tell you if you can apply for a stay of execution or not, and the relevant forms.

                    You have people here behind you 100% who I promise will not judge you for this. the main thing is, relax. if a bailiff comes say you have contacted the court and to post the levy, and come away.

                    P

                    Comment


                    • #11
                      Re: Urgent help regarding Marstons....

                      Oh Martyb82,,you poor love,, you have landed in the right place ..the good folk on here will get you sorted, Noone has the right to make you feel so panicky and ill,,,thats bl**dy disgusting

                      Chin up chuck

                      Comment


                      • #12
                        Re: Urgent help regarding Marstons....

                        Thanks for all your very kind words of encouragement, also what is the law on what they can take? i have just started my own business running it from home and need my pc monitor ect for that purpose, i only have a almost finished website and business cards to show them i am actually a legit business!

                        Comment


                        • #13
                          Re: Urgent help regarding Marstons....

                          they cannot take anything used for buisiness

                          Comment


                          • #14
                            Re: Urgent help regarding Marstons....

                            Unfortunately I can't read the original post, would be better broken down into paragraphs.

                            However first point is - have you received a Further Steps Notice from the Court asking you to bring your account up to date - this is a legal requirement and one which HMCTS tend to forget to do.

                            As BB has said the fees are all wrong, they charge an £85 Compliance fee to each case they take on & after that charge £215 Attendance Fee whether they make contact or not.

                            Comment


                            • #15
                              Re: Urgent help regarding Marstons....

                              Originally posted by martyb82 View Post
                              Hi all,
                              im a new member to these forums and could appriciate any help possible on how to deal with Marston bailiffs who are due at any time.

                              So the story is i had a magistrates fine issued to me in April 2008, due to circumstances at the time i missed payments and after moving addresses a few times i kinda forgot all about it (the wrong thing to do). So on the 17th May 2012 i had a big red letter put through the door from Marston Group stating that i must pay the fine in full within 7 days (£469),

                              knowing that i could not afford to do this i called the number and spoke to the bailiff directly, i told him that there was no way i would be a able to get that sort of money so quickly, he said that he would give me until the end of the month (basically 2 weeks), at the end of the month i called him back and explained that i could still not afford that amount of money and he said not to worry he will speak to the courts and see what he can do, told me it would take a couple of weeks and wait for me to hear from him.

                              About 3 weeks had passed and i heard nothing from him, so i called him back and asked what was going on, he said that he was sorry but he no longer worked for the company and i will be contacted when another agent is assigned to me. So there i was waiting and waiting, then on the 25th july i come home to find another red letter through the door now stating that i owed £1,126,47,

                              OMG, now panic really does start to settle in, Straight away i contacted the new bailiff and asked about the amount and explained the the old bailiff told me to wait to hear from someone but he was having none of it and stated that i must pay the full amount up front. I simply told him that i do not have that amount of cash (if i did i wouldn't be where i am today). He again said that he would speak to the courts and see what he could do.

                              A couple of days later i called him again to find out what was going on and he said that he had spoken to the courts and they would accept £469.00 upfront and then the rest at £50 per month.

                              I told him that i could afford the £50 per month but just couldn't get together a huge lump sum like that. He said i had until the end of August to pay it and would call me to arrange payment. Well needless to say i never got a call, then out of the blue on the 20th September 2012 he turns up on the door step saying that he has a distress warrent and that if i dont pay the £469.00 now he would remove my goods as a van and locksmith was on there way and would be here in 20 mins!

                              Ok after a brief 5 mins of panic and feeling like all the air in my lungs had just been sucked out i started to ring around friends to see if they could help. Everyone i asked said they was sorry but they just couldn't do it (which is fair enough), around 40 mins later i went outside and spoke to him and seriously told him that i could not get any money for him, he then informs me that i have until Friday the 28th September to come up with the money or he will be back with a van to take my goods (even though i told him i dint have a lot of things).

                              So during the 20th and 28th i started to sell my things as i knew i could get more for them than what he would get, but even through this, it just still was not enough cash. I called him on Thursday 27th September and told him that i cant get the money for him tomorrow, to which his response was "there is no such word as can't", After another few minutes of him arguing he finally accepted that i woulld not have the money for him and got told i was put on the list for the Van tomorrow evening (friday 28th).

                              After i finished work at 6am on friday morning i would go home to get just one hours sleep and then wake up in a panic thinking there outside, so for the next 11 hours i just sat at my bedroom window looking outside, waiting for him to turn up ( i live in a shared house and only have access to my room, kitchen and bathroom). Still by 4pm no one had turned up, so i called the bailiff and asked him what was happening, he told me that he would call the people coming and get them to ring me with a time they was turning up, but yet again no one contacted me, i tried to call him back more than 20 times over the next 2 hours to get a responce but he just didnt answer,

                              i even rang the head office asking what was going on, they ended up transfering me to his mobile which yet again went to an answer phone, the next time i tried to call back the office they just hung up on me and did the same again straight after. So i ended up going to work friday evening with only just 1 hours sleep and just feeling sick of worry and panic, same again on Saturday, i just sat at my window looking for almost 10 hours but still nothing, couldnt get through to the head office of the bailiffs mobile

                              . Now i know they cant call on Sundays but i still must have looked out of my window more than a thousand times when ever i hear a car or van etc.... Which leads us until today, I have yet again been window watching just waiting for them to turn up, i called the bailiff and asked why they did not turn up, he said that he would call them and ask what is going on and would contact me back "maybe got held up at a previous property" he said, i did however tell him that i had wrote a letter to Marston Group with a repayment offer and also had wrote to The courts manager with a copy of the letter just showing to them the willingness to pay and im not trying to avoid it, so in the hope i can actually get this returned to the court they will know i have been trying to sort this,

                              i dont think he was to happy with me for doing that as he even retracted and asked if i could get him even just £200 pounds today, i just said no to that as i just dont have it. . Now its 17.30pm (still not been contacted back) and i just wanna cry because i cant do anything in the fear of them turning up when im not here. So if anyone out there can give me any advice on how to deal with my situation the please please help a very tired and scared man...

                              Things to note.
                              1. I have not invited him in to the house (peaceful entry)
                              2. All my doors and Windows are locked
                              3. I live in a shared house so dont really have much for them to take

                              Questions
                              1. Can he use a locksmith to gain access on the spot?
                              2. Is there any definative way i can get this returned to the court?
                              3 What is my best way of dealing with this, as i dont have any money to give him( cannot borrow either).

                              I hope there is someone out there who will be kind enough to help me and possibly make me feel like i can actually eat something without feeling so sick and nervous. I just wanna be able to sleep

                              Many thanks x x

                              better PT?

                              Comment

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