Visit for Marston Bailiff

[labman]

Re: Visit for Marston Bailiff

Rather than argue about the pro's & cons of a Certificate that in this case is not relevant you need to get cracking sorting the problem out. Of course with the time of year time is very short.

I gather from what you have said he is in position to pay this off at all. In that case he should try & apply for a Variation Order whereby the Court can set the level of payments. There is one difficulty with this and that is all businees debts are usually classed as Forthwith meaning all has to be paid in one go, however some Judges are realistic enough to see that in the present climate this is not always possible, but it is worth a try. He will have to supply a comprehensive I&E. The application is made on Form N245 available from HMCTS website, cost £45.

The most urgent problem is dealing with the HCEO. You may apply for a Stay of Execution which if granted halts all further enforcement action and charges. The grounds you may apply on are:
a - you cannot afford the fees demanded
b - pending determination of a Variation Order
c - the HCEO is threatening to remove & seized goods need for the business.
This is applied for on Form N244, cost £80, if thinking of doing this I have a guide that may help filling in the Form.

If on a low wage or certain Benefits then the Court Fees may be waived, see Forms EX160a & c for details.

See 5, 6 and 7 in link below for forms:

http://www.legalbeagles.info/forums/...1-Useful-Links

[philrp1000]

Re: Visit for Marston Bailiff

Hi Guys, thanks for the info and advice, have checked the list BlueBottle attached and our man is not on it, my son had a call from a third party that is named as "SouthWest Collections" he spoke to them ( I know, he should not have done so but he is worried) they are acting on behalf of the creditor and said that they would be happy to receive the sum of £100 per month until the debit is cleared, the man on the other end was friendly and really concerned about the way in which Marston's was behaving and said he would look into it. Paying the money is not the issue here as we/I can cover the cost, I did look into the Officers fee using the link that you sent me and as I see it it come to about £32 not the £349+ they are claiming.

Will download the forms and review, any links to guide on how to word etc would be most welcome

Thanks guys for all the help

[labman]

Re: Visit for Marston Bailiff

You need to arrange the repayment plan through the courts as Ploddertom has suggested. While they may sound nice over the phone, they only want your money and cannot influence the court. Don't be duped - at worse you may never see your money again - do it properly as per Plodder's post.

[ploddertom]

Re: Visit for Marston Bailiff

Please note the Directory of HCEO's is those that are authorised by the Lord Chancellor to act in this manner. It is actually quite rare that the HCEO himself actually gets his "hands dirty", instead he is allowed to delegate to others to do this work for him, although he is ultimately responsible for their actions & charges. There is no list of the "minions" that carry out this work although in the main they act more professionally than your common or garden Bailiff.

It is Marstons responsibility to pass on any offer of payment to your Creditor and they make tthe decision whether to accept or not, Marstons then usually act as the intermediary collecting the monies often on something like a 60/40 split. Although there are Statutory Fees they may charge they make these up under the dreaded Misc section and often the charges may double or treble the initial debt - these fees can all be challenged.