Visit from Marstons

[Pepperpot]

Re: Visit from Marstons

That was the only advice they gave they actually emailed me what I was to text to Marstons. According to the lady I spoke to the bailiff that called on me has quite a reputation for making threats and has been reported many times she was suprised to hear that she is still doing so!

[Pepperpot]

Re: Visit from Marstons

No he has not actually done one yet the lady at Phoenix gave the impression that as long as he was prepared to do one that would be ok. How do we go about making a Stat Dec do we have to go to a solicitor etc?

[labman]

Re: Visit from Marstons

No he has not actually done one yet the lady at Phoenix gave the impression that as long as he was prepared to do one that would be ok. How do we go about making a Stat Dec do we have to go to a solicitor etc?

Any High Street Solicitor will do one - just walk in and ask. They cost about £10.00ish.

There's an example here:

http://www.legalbeagles.info/forums/...Useful-Letters Number 2B

[pepsie]

Re: Visit from Marstons

No he has not actually done one yet the lady at Phoenix gave the impression that as long as he was prepared to do one that would be ok. How do we go about making a Stat Dec do we have to go to a solicitor etc?

Phoenix have a reputation second to none for giving excellent advice...I would be very surprised indeed if you were left hanging on the impression 'anytime will do' to get the stat dec in place, logic should tell you you need to act quickly in these matters?

Pepsie

[Pepperpot]

Re: Visit from Marstons

5 months on
I have this morning received a Notice of distress warrant from COLLECTICA for the same fine stating outstanding amount £205.42, actual fine outstanding is £120.42 I'm assuming they have applied £85 as a charge but the letter doesn't mention this?
I was expecting Marstons to refer this back to the court as I wanted to request a means test due to me and my partner being out of work. The court just say that the mater is out of their hands now that it has been passed for collection. I have not contacted Collectica yet as I'm not sure where I stand I would be happy to pay by installments but Marstons said no to that so I guess Collectia will be the same.
Can anybody advise what I should do as I don't what them coming round and adding £215 as they say in their letter.

[charitynjw]

Re: Visit from Marstons

Hi Pepperpot,

I'm not an expert on these matters, but I believe that, if there is a warrant of execution, you can go to your local court, fill in an n245 variation form, suspend the warrant & offer to pay installments.
If you are on limited income, you can ask for court fees to be waived via an EX160 form.
But please wait for others to advise - I might be barking up the wrong tree!

[ploddertom]

Re: Visit from Marstons

Hi Pepperpot,

I'm not an expert on these matters, but I believe that, if there is a warrant of execution, you can go to your local court, fill in an n245 variation form, suspend the warrant & offer to pay installments.
If you are on limited income, you can ask for court fees to be waived via an EX160 form.
But please wait for others to advise - I might be barking up the wrong tree!

This is for a Magistrates Court so none of the above applies unfortunately.

[bluebottle]

Re: Visit from Marstons

Were you in court when the fine was imposed and were your means examined at the time? Also, which county are you in, please?

[charitynjw]

Re: Visit from Marstons

This is for a Magistrates Court so none of the above applies unfortunately.

Thanks, pt, I'm getting me 'criminal' mixed up with me 'civil'. :doh:

Livin' & learnin'!

[Pepperpot]

Re: Visit from Marstons

Thanks, pt, I'm getting me 'criminal' mixed up with me 'civil'. :doh:

Livin' & learnin'!

I thought there was a glimmer of hope there then!

[Pepperpot]

Re: Visit from Marstons

Were you in court when the fine was imposed and were your means examined at the time? Also, which county are you in, please?

No I didn't attend court my means have not been examined at any time I'm in Wiltshre I believe the issuing court is Chippenham.

[bluebottle]

Re: Visit from Marstons

Okay. There is case law in the form of R -v- South Western Magistrates (on the application of Purnell) which has confirmed that a fine cannot be imposed or enforced if a defendant's means have not been examined.

Could you answer these questions, please -

1. What was the fine allegedly for?
2. Were you notified of any court hearing?

If you were not notified of any court hearing or not aware you were being taken to court, HMCTS need to explain what is going on. Also, do not accept what Collectica tell you as they have recently been caught fibbing to HMCTS and a debtor.

[Pepperpot]

Re: Visit from Marstons

The offence was Use A vehicle without valid vehicle license
I was aware of the court case I pleaded guilty by reply.

I made several payments missed one and received a reminder made another couple and then was out of work and unable to make payments and just forgot about it until I had a letter from Marstons in Jan 2013 and Collectica this morning.

[bluebottle]

Re: Visit from Marstons

The offence was Use A vehicle without valid vehicle license
I was aware of the court case I pleaded guilty by reply.

I made several payments missed one and received a reminder made another couple and then was out of work and unable to make payments and just forgot about it until I had a letter from Marstons in Jan 2013 and Collectica this morning.

Okay. Were you sent a Means Form and did you complete and return it?

[Pepperpot]

Re: Visit from Marstons

Okay. Were you sent a Means Form and did you complete and return it?

No I have never received the form