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Visit from Marstons

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  • Visit from Marstons

    Last week A Bailiff from the Marston group paid a visit I was pretty stupid and when she asked for me by my name I told her that he was not home when asked when he would be home I said I didn't know. The bailiff was very persistant that she had been trying to get hold of him for some time and that she had a warrant for his arrest so I asked if she could leave a contact number that I could pass on and she handed me the attached.

    The fine was for not displaying a valid tax on my vehicle issued February 2012 Original Collection order of fine is:
    Fine £185
    Back Duty £85.42
    Costs £60
    Total £330.42

    I paid an installment at the time with the intention of making regular payments but instead burried my head in the sand until I received a further steps notice in April when I made another 2 installments and again in May. In July the Central Accounts office wrote a reminder that I still owed £200.42 so I made a £50 payment. In July I got into financial difficulties and was unable to make further payments and just forgot about everything until I had the bailiff knocking on the door last week. As soon as the bailiff had gone I went online and paid off another £20 bringing the outstanding balance down to £130.42. I contacted the Central Accounts Office and got a recorded message advising if you have had a letter from any of 4 collection agencies to replace the receiver and contact the agents direct as your account has been passed over, instead I rang again and waited to speak to somebody They advised me that as I had failed to pay a distress warrant had been issued in september for the collection I advised them that I was currently not working and receiving JSA and asked if I could request to go to the court for a means hearing to which I was told this is no longer possible all further contact should be through Marstons.
    I rang the offices of Marstons and explained the same to them but the was not interested, they told me I had had pleanty of time to pay the fine and that I would now have to pay the costs. The office then transferred my call to the bailiff who went on to say she would give me a few days to come up with the money I said I would try but really had no way of getting the full amount as I have already borrowed from family etc she said if I didn't pay up when she returned she would have the police arrest me and have me in court which scared the life out of me. I took some advice and sent the following text to her on the morning she was due to return:

    Please note that the property where I live is not owned by me and is in fact owned by my partner, ** ********. Furthermore, he has owned the property for 17 years and I only moved into his property 7 years ago. All items in his home are owned by him and paid for by him. The only items that I own are my personal clothing. ** ******** will be arranging to get a Statutory Declaration sworn regarding his ownership of all goods within his home.

    I am out of work and have no means of making payment in full for this fine. My partner is also out of work and cannot assist me with payment. The maximum that I can afford to pay is just £30 per month. Please let me know whether this figure can be accepted and if so, how do I make payments.

    As yet I have heard nothing back from Marstons and I haven't even recieved a copy of any warrant or any letter which they told me would have been sent out prior to their first visit.

    Can you offer any further advise?
    Attached Files
    Tags: None

  • #2
    Re: Visit from Marstons

    Did I miss something or are Marstons allowed to execute arrest warrants?

    Was this the first time they visited or had letters been put through the door?

    The text is a good idea, keep the saved copy on your phone

    Never ever answer the door to them- They will attempt to push past you to gain entry.

    Persevere with the court, maybe even go in there- bit more personal than over the phone- You need the means enquiry

    Comment


    • #3
      Re: Visit from Marstons

      Who am I to question them Somecamel that is what they said both at the door and on the phone!

      Yes indead this was the first visit from Marstons and as I have said I had nothing in writing from the courts or marstons between July 2012 and 21st Jan 2013.

      Comment


      • #4
        Re: Visit from Marstons

        If you don't question them they will lie, cheat and extort you of your money

        I make their fee's £180 whereas the maximum they can charge for a first visit is £24.50.

        You need to make a complaint to the court regarding the behavior of the bailiff, blatant over charging, more than doubling what you actually owe and threatening arrest. It's a distress warrant not an arrest warrant.

        Comment


        • #5
          Re: Visit from Marstons

          Originally posted by Somecamel View Post
          Did I miss something or are Marstons allowed to execute arrest warrants? It will probably be a No Bail Warrant whereby you either pay up or agree to appear in Court at a set time & date.

          Was this the first time they visited or had letters been put through the door? They don't have to inform you of their visit.

          The text is a good idea, keep the saved copy on your phone

          Never ever answer the door to them- They will attempt to push past you to gain entry.

          Persevere with the court, maybe even go in there- bit more personal than over the phone- You need the means enquiry
          Part of the problem is going to be that the OP has had the Further Steps Notice and not been able to comply.

          Comment


          • #6
            Re: Visit from Marstons

            Originally posted by Somecamel View Post
            If you don't question them they will lie, cheat and extort you of your money

            I make their fee's £180 whereas the maximum they can charge for a first visit is £24.50.

            You need to make a complaint to the court regarding the behavior of the bailiff, blatant over charging, more than doubling what you actually owe and threatening arrest. It's a distress warrant not an arrest warrant.
            Unfortunately for this the fees are somewhat different. There is an agreement between Marstons & HMCTS for them to charge an Admin Fee of £85 for each case taken on followed by a Visit Fee of £215.

            Comment


            • #7
              Re: Visit from Marstons

              My bad- Go for court then?

              Comment


              • #8
                Re: Visit from Marstons

                As I said one of my issues is I had nothing in writing from marstons other than the hand written sheet left for me even though the office assure me that they have written to me!
                I asked for a date but they just said I sugest you contact your sorting office.

                Comment


                • #9
                  Re: Visit from Marstons

                  Originally posted by Somecamel View Post
                  My bad- Go for court then?
                  Easy done, wouldn't belive some of the cock ups I made when first started, even now learn something new most days.

                  Comment


                  • #10
                    Re: Visit from Marstons

                    Originally posted by Pepperpot View Post
                    As I said one of my issues is I had nothing in writing from marstons other than the hand written sheet left for me even though the office assure me that they have written to me!
                    I asked for a date but they just said I sugest you contact your sorting office.
                    One important thing of note is to try and find out when the Warrant was actually issued as they have a shelf life of 180 days - might be a good chance it is about to expire in which case you would be summonsed to explain why you have not paid - which gives the chance to have payments looked at again.

                    Comment


                    • #11
                      Re: Visit from Marstons

                      According to the Central Accounts Office the warrant was issued 13th Sept 2012 so some time to go until 180 days are up.

                      Comment


                      • #12
                        Re: Visit from Marstons

                        Approx 6 weeks by my reckoning.

                        Comment


                        • #13
                          Re: Visit from Marstons

                          Phoenix Consulting seemed to think that sending the text would mean that they would have to refer it back to the courts but I'm getting the feeling it's going to take more than that am I right?

                          Comment


                          • #14
                            Re: Visit from Marstons

                            Originally posted by Pepperpot View Post
                            Phoenix Consulting seemed to think that sending the text would mean that they would have to refer it back to the courts but I'm getting the feeling it's going to take more than that am I right?
                            Did you actually do the Stat Dec referred to in the text message. If not, the text message would, I fear, carry no weight whatsoever. A statutory declaration might have done if you did it?

                            Comment


                            • #15
                              Re: Visit from Marstons

                              Originally posted by Pepperpot View Post
                              Phoenix Consulting seemed to think that sending the text would mean that they would have to refer it back to the courts but I'm getting the feeling it's going to take more than that am I right?
                              Have they given you any other advice apart from this. Reason for asking is that they are usually spot on with their advice.

                              Comment

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