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Notice of Removal from Marston - help please?

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  • Notice of Removal from Marston - help please?

    Hi,
    Yesterday evening an open (not in envelope) Removal Notice from Marston was pushed under my door (I live in a block of flats). Its says 'despite previous visits and notices this matter has not been settled....' Its for a claim of £635. The client is illegible something like Knots, Avon & Somerset. I have never heard from these people and have not received any notices from any Court. I phoned Weston Super Mare's Magistrates Court and spoke to a very helpful lady called Julie, who informed me that the Removal Notice was about my car being unregistered (it wouldn't have been unregistered had the DVLA done their job!), although it had a new MOT and was insured!!

    The Court who sent the summons was Yate, so she gave me their phone number and I spoke to another very helpful lady called Nicky who informed me that the DVLA had sent a summons to my old address - which is why I hadn't received it! She advised that I email them (Yate Court) giving details and asking for the case to be reopened and that the Distress Warrant be put on hold until the hearing. (Which I did) I also emailed the DVLA. The problem is - they don't act quickly in reading emails never mind act upon them, and I'm really really worried that I'll get another visit from Mr Francis of Marston.

    The whole registration thing was complicated in that I was moving house at the time and the DVLA required my new address via the V5C form which I duly processed and sent them together with a cheque for £77 being 6 months registration. I didn't hear from them so sent them a letter asking why and that I was getting concerned that my registration was now out of date. Instead, my car was clamped and taken away because I couldn't do anything about my registration because it had to be in my new address and I no longer had the V5C form!! It seems all very complicated and I can't understand why a summons was sent to my old address when the DVLA had my new address via correspondence and phone calls! Just prior to all this due to circumstances beyond my control I had a sort of mental breakdown leading me (for the first and last time in my life) to seek help from The Samaritans. I also went to my doctor who put me on all sorts of medication - she understood I was going through a very dark and depressing time. So, what with my move and the complications re my reregistering my car - I was a mess at the time.

    I am sick with worry, had to double my dose of anti-depressant although I'd successfully reduced it right down. and would greatly value your advice. I am a 62yo single woman on Housing Benefits and who works in a supermarket 2 days a week. I have no car, no tv or any assets or savings. There is a name and contact number on the notice but I'm scared of contacting him. Please help?

    Also, one other disturbing thing has come to light - I was getting advice from the Consumer Action Group which - when I check online - they appear to be part of the Marston Group - can you advise me on that too please?
    Tags: None

  • #2
    Re: Notice of Removal from Marston - help please?

    Hello Lin and a very warm to LB x

    I can't advise beyond expressing extreme sympathy for what you're going through - but hang on in there, because there are very knowledgeable Beagles who will help you get it sorted.

    For now, try to relax (easily said, I know) make yourself a cuppa - help is at hand x

    Comment


    • #3
      Re: Notice of Removal from Marston - help please?

      Originally posted by MissFM View Post
      Hello Lin and a very warm to LB x

      I can't advise beyond expressing extreme sympathy for what you're going through - but hang on in there, because there are very knowledgeable Beagles who will help you get it sorted.

      For now, try to relax (easily said, I know) make yourself a cuppa - help is at hand x
      Thank you so much for that MissFM - your kind message actually choked me up - it was so unexpectantly pleasant after the gruelling 24 hours I've had!!

      Comment


      • #4
        Re: Notice of Removal from Marston - help please?

        Hello Lin. I'm sorry to hear you've had a tough time. I'm afraid this is going to be a bit of a question time so I apologise in advance. However, can I just say CAG is NOT part of Marstons. I've read that somewhere around the internet as well as on CAG itself, but the explanation given on CAG which I'm sure you'll have seen is absolutely right. They are very definitely NOT part of Marstons so you're safe seeking advice there and it will be good.

        It's a shame you didn't renew it at your local PO who'd then have sent the V5C off for you, or gone to the nearest DVLA office who'd have sorted it.

        Please could you give a link to your thread on CAG so we can see what was said there please?

        So, question time:

        1. When did enforcement for this first begin?
        2. When did your tax disc run out?
        3. Was the tax disc renewal and cheque sent in the same envelope as the V5C?
        4. On what date did you move?
        5. Did you have mail forwarded?
        6. If not, what arrangements were in place?
        7. Did you know anything about this before last night?
        8. Could you tell us the make, model and year of the car please?

        You need to contact the DVLA as a matter of urgency to explain what happened. Do you have proof of postage? Ultimately the offence is not displaying a valid tax disc. If you were not displaying a valid tax disc, the hard fact sadly is your vehicle shouldn't have been on the public highway. There's no easy way of saying that, sorry.

        You seem to be following the right route. There is no guarantee anyone can give you about any return visit as the warrant is valid until lifted by the court. Again I know this isn't what you want to hear, but it's as things are I'm afraid to the best of my understanding.

        Keep us updated and I look forward to the answers to the above questions.

        Comment


        • #5
          Re: Notice of Removal from Marston - help please?

          Hi Wombats! Thanks so much for your much appreciated response.

          1. I don't know when enforcement began as the first and only time I have heard anything about being taken to court was last night via the notice of removal.
          2. My tax disc ran out at the end of June 2013.
          3. Yes everything was sent together.
          4. I moved on the 2nd of August 2013.
          5. No, no mail forwarded as both my daughter and I had contacted relevant people with our new addresses (she was moving to Australia)
          6. Please see above
          7. I knew nothing about this prior to last night! There was and still isn't anything from the Court! So I wasn't given the chance to attend, I haven't been means tested - nothing!
          8. Ford KA, I can't remember how old it was but it was old.

          I emailed the DVLA this morning as soon as I knew from the Court what it was all about. I don't have proof of postage, I don't have a copy of the letter I sent after I heard nothing from them - really, the only time I was aware that my car was still unregistered was when I checked on the DVLA site!! I had been concerned that I hadn't received a tax disc from them. I know my car should not have been on a public highway, but once I realised it was no longer taxed - I dared not drive it, if only to take it off the road!!

          The link to consumeraction is - http://www.consumeractiongroup.co.uk...-Urgent-please!

          Reading on the forum here on your site I'm wondering why I didn't receive anything from any Court yet Marston knew my address. The DVLA had my current address because I'd given it to them, so why didn't the Court use it, and why was there no warning of further action, or a means test or what? There was a lot of email correspondence between myself and the DVLA - why didn't they give any indication that they were going to take action? Surely its wrong that the only piece of communication I have had is from Mr Francis of Marston with the notice of removal?

          Any and all advice you can give me is very gratefully received! I can't tell you how worried I am! I thought losing my car was punishment enough and I know I should have done more to chase the DVLA about their handling of it all, but I was so stressed that I didn't!


          Originally posted by Wombats View Post
          Hello Lin. I'm sorry to hear you've had a tough time. I'm afraid this is going to be a bit of a question time so I apologise in advance. However, can I just say CAG is NOT part of Marstons. I've read that somewhere around the internet as well as on CAG itself, but the explanation given on CAG which I'm sure you'll have seen is absolutely right. They are very definitely NOT part of Marstons so you're safe seeking advice there and it will be good.

          Hi Wombats! Thanks so much for your much appreciated response.

          1. I don't know when enforcement began as the first and only time I have heard anything about being taken to court was last night via the notice of removal.
          2. My tax disc ran out at the end of June 2013.
          3. Yes everything was sent together.
          4. I moved on the 2nd of August 2013.
          5. No, no mail forwarded as both my daughter and I had contacted relevant people with our new addresses (she was moving to Australia)
          6. Please see above
          7. I knew nothing about this prior to last night! There was and still isn't anything from the Court! So I wasn't given the chance to attend, I haven't been means tested - nothing!
          8. Ford KA, I can't remember how old it was but it was old.

          I emailed the DVLA this morning as soon as I knew from the Court what it was all about. I don't have proof of postage, I don't have a copy of the letter I sent after I heard nothing from them - really, the only time I was aware that my car was still unregistered was when I checked on the DVLA site!! I had been concerned that I hadn't received a tax disc from them. I know my car should not have been on a public highway, but once I realised it was no longer taxed - I dared not drive it, if only to take it off the road!!

          The link to consumeraction is - http://www.consumeractiongroup.co.uk...-Urgent-please!

          Reading on the forum here on your site I'm wondering why I didn't receive anything from any Court yet Marston knew my address. The DVLA had my current address because I'd given it to them, so why didn't the Court use it, and why was there no warning of further action, or a means test or what? There was a lot of email correspondence between myself and the DVLA - why didn't they give any indication that they were going to take action? Surely its wrong that the only piece of communication I have had is from Mr Francis of Marston with the notice of removal?

          Any and all advice you can give me is very gratefully received! I can't tell you how worried I am! I thought losing my car was punishment enough and I know I should have done more to chase the DVLA about their handling of it all, but I was so stressed that I didn't!


          It's a shame you didn't renew it at your local PO who'd then have sent the V5C off for you, or gone to the nearest DVLA office who'd have sorted it.

          Please could you give a link to your thread on CAG so we can see what was said there please?

          So, question time:

          1. When did enforcement for this first begin?
          2. When did your tax disc run out?
          3. Was the tax disc renewal and cheque sent in the same envelope as the V5C?
          4. On what date did you move?
          5. Did you have mail forwarded?
          6. If not, what arrangements were in place?
          7. Did you know anything about this before last night?
          8. Could you tell us the make, model and year of the car please?

          You need to contact the DVLA as a matter of urgency to explain what happened. Do you have proof of postage? Ultimately the offence is not displaying a valid tax disc. If you were not displaying a valid tax disc, the hard fact sadly is your vehicle shouldn't have been on the public highway. There's no easy way of saying that, sorry.

          You seem to be following the right route. There is no guarantee anyone can give you about any return visit as the warrant is valid until lifted by the court. Again I know this isn't what you want to hear, but it's as things are I'm afraid to the best of my understanding.

          Keep us updated and I look forward to the answers to the above questions.

          Comment


          • #6
            Re: Notice of Removal from Marston - help please?

            http://www.consumeractiongroup.co.uk...iewing%29-nbsp

            Comment


            • #7
              Re: Notice of Removal from Marston - help please?

              I'm really sorry - it's late! I'm a little confused about the sending for the registration document.

              You state in your first post:


              The whole registration thing was complicated in that I was moving house at the time and the DVLA required my new address via the V5C form which I duly processed and sent them together with a cheque for £77 being 6 months registration.
              When you say 6 months registration, I assume you mean 6 months road tax (VED)?

              If my assumption is right, you say your tax ran out at the end of June 2013, so your tax would have been applied for prior to that.

              You moved on August 2nd 2013, so your V5C would have been sent off around this time.

              Are you saying that for most of July you drove around (or had a vehicle on the public highway) which had no road tax?

              Sorry for the confusion, but I'm trying to get a clear picture.

              If the bailiff / EA returns in the meantime, do not open the door to them. It may be better to keep the thread to one forum, I'd suggest where you started it as you're getting good support. I'll look in as well to check on things now there's a link - obviously that has to be your choice, but it's easier to have everything in one place I'd imagine. :beagle:
              Last edited by Wombats; 24th June 2014, 23:33:PM.

              Comment


              • #8
                Re: Notice of Removal from Marston - help please?

                Your immediate next move is to contact the court to do a Statutory Declaration. If accepted it roll things back and you'd be able to make a plea and have a means test which would make life much more comfortable for you. As long as you then maintained payments, no further enforcement action would be taken. :beagle:

                Comment


                • #9
                  Re: Notice of Removal from Marston - help please?

                  I'm pleased to be able to provide an update to this. Marstons have now been called off by the Magistrates' Court and Lin's case is being heard again on July 3rd. She will be providing an Income and Expenditure and hopefully asking for the level of fine to be reconsidered in light of her circumstances as well.

                  Comment

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