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Warrant of Control with Marstons, but i live in scotland??

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  • Warrant of Control with Marstons, but i live in scotland??

    Ok, not sure if i should be posting this here or starting a new thread, but it is all related to the same matter, so hoping someone here can be as helpful as you were back in January.

    Basically my situation is this, I contacted the courts back in January, who were able to call back the debt and i had set up an agreement to pay them, they were happy with this and this was maintained until a about 2 weeks ago. approx 2 weeks ago, i lost my job, and as such i missed 1 yes ONE payment (my agreement was only for like £30 so this was daft on my part i admit that!!). and heres where i need the advice...

    So i missed one payment, but called the following week and made a double payment, happy days i thought this would be fine, but last week a received a letter from HMCTS saying that due to missed payment, they have referred my account on to Marstons, who are debt collectors working on their behalf, so i have just phoned Marstons with an attempt to make this payment, only to be told that they will not now enter into an agreement, that i would have 7 days to pay £150 and clear the balance by July 8th 2014 (total balance is now only £527) but there is no way on gods green i can afford to do this, i have 3 children, one of wich is only 14 months old, and am expecting twins in approx 2 months.

    I live in scotland, and previous advice on here was that a bailiff cannot attend in scotland as this must be done by a Sheriff Officer through the Scottish legal system, during my call with Marstons, i pointed this out and said it would be wise to enter an agreement with me as a bailiff would have no juristiction north of the border, only to be told that a review of the court and tribunalservice now means that they can enforce a bailiff officer to me..

    What im wondering is: Is this true?? Do i now need to worry about a bailiff attending my my family home in an attempt to seize my goods?? now it is a warrant of control they have been passed by the magistrate court (again we do not have magistrate in Scotland, only a Sheriff Court!!)

    In reality, what powers do Marstons have to enforce upon me and what action are they likely to take?? If i have to find the cash, i possibly could, but would end up costing me a fortune in the long run and probably end up putting me in debt that i couldnt afford to maintain, and begin the vicious cycle ive spent so long desperately trying to avoid any help would be most useful as im now again, panicking at what will happen to me and my family ne

  • #2
    Re: Warrant of Control with Marstons, but i live in scotland??

    Don't thgink they can as the Taking Control of Goods only applies to England & wales , I have answered your post on the original thread, other Beagles will know more and some extra research is needed to clarify exactly, but on the face of it Marstons may be extremely unwise to send a bailiff over the border.

    Comment


    • #3
      Re: Warrant of Control with Marstons, but i live in scotland??

      Bizzybob, thank you very much for your reply, i posted on my old thread as it had all the original info, but was unsure if it was likely to get looked at given it was a single post on a 4 month old thread, so started the new one up here, if i knew how i would remove this thread as it will possibly only lead to confusion having the same thread posted twice??

      Thank you again for the help, guess really my next question would be, short of sending a bailiff, what options are open to Marstons, and what action should i take to prevent things escalating??

      Comment

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