Help needed with Marston group .com

[bb41]

on behalf of my daughter she missed 1 payment but continued to keep the regular agreed amount.

Debt was down to 85.00 but with Marstons charges it's now 375.00.

She had bailiffs this afternoon whilst she was at work, and it stated she had purposely tried to evade payment.

She phoned the company last week to pay the missed payment amount but was told it was too late for the enforcement officers.

I've tried to pay the full amount online and via phone but it is refusing payment .

Could someone help please

[FlamingParrot]

Re: Help needed with Marston group .com

Can I just ask what type of debt this is Marstons are collecting? Is it council tax?

[bb41]

Re: Help needed with Marston group .com

no it's a fine I think Flaming parrot

[ploddertom]

Re: Help needed with Marston group .com

Does she still live at the address given when sentence was passed?

Did she receive a Notice of Enforcement which should have given her 7 clear days in which to make payment or come to an arrangement - this would have added £75 to what was owed?

What was the fine for?

[bb41]

Re: Help needed with Marston group .com

Yes she does.

She did but contacted them and they said it was too late to make a payment

The fine was a driving fine

[ploddertom]

Re: Help needed with Marston group .com

She did but contacted them and they said it was too late to make a payment

Prior to having the Bailiff call did she receive a Further Steps Notice from the Court asking the account be brought up to date? Was this complied with?

You say she did receive a Notice of Enforcement, what dates were listed on it and when did she contact them - I assume it was the Bailiff Co she contacted.

[bb41]

Re: Help needed with Marston group .com

Hi Ploddertom , She did receive a notice only that the bailiffs were arriving and she wasn't allowed to bring the money owed up to date.

She has used her small inheritance from my late mum to pay in full as she was very worried with the tone of the card they left

[ploddertom]

Re: Help needed with Marston group .com

I would be a bit concerned about how this has been done and would start with the Court asking for details of when the Further Steps Notice was sent. This Notice is a legal requirement and must be sent before Bailiffs or other ideas of enforcement can be used. If she has not received & similarly not received any notification from the Bailiff then she also needs to check the exact address including Postcode where they have sent everything.

If no response is made to the FSN - approx 10 days - then one of the Enforcement procedures listed may be used and this is almost certainly mean it being given to a Bailiff Co. In turn they are supposed to write giving 7 clear days notice that if payment is not made or a suitable arrangement made then a Bailiff may call. The Compliance Stage attracts a fee of £75 & if attendance is made this incurs another fee of £235 = £310 in total. No other fees may be charged unless Goods are removed for sale which can attract further fees which can ibcrease the debt owed quite substantially.

It is important to know the date the Notice of Enforcement was written, the date they give to comply by, any date mark on the envelope & what method of postage was used. It is common practice for them to allow 14 calendar days for a response.

I note you say it is now all paid. In some respects this is good as there is now no fear of a knock on the door - or worse - Court Fines do carry the threat of forced entry. Again letters should be written trying to ascertain all the dates involved - a Subject Access Request may need to be done.

[bb41]

Re: Help needed with Marston group .com

Thank you plodder tom, I know it's a bit late and I will ask her if all the above procedures were followed.


What recourse if any could be had if they weren't followed ??

[bizzybob]

Re: Help needed with Marston group .com

If they missed out any steps then a Formal Complaint to the court copied to MP is an option. Art least as ploddertom says, she needn't worry about a knock now it is paid.

[ploddertom]

Re: Help needed with Marston group .com

Until you have some answers it is difficult to speculate.

[bb41]

Re: Help needed with Marston group .com

I will find out plodder tom

[Sir Vere Brayne d'Emmidge]

Re: Help needed with Marston group .com

Prior to having the Bailiff call did she receive a Further Steps Notice from the Court asking the account be brought up to date? Was this complied with?

You say she did receive a Notice of Enforcement, what dates were listed on it and when did she contact them - I assume it was the Bailiff Co she contacted.

If a debtor, who has payment plan agreed with the Court is more than 24 hrs late on a payment a Warrant of Control will be issued automatically (computer produced); the Court should have sent the debtor a letter stating that since she defaulted the recovery of the outstanding balance had been passed to an Enforcement Agency and that she would have to deal with them from now on, but this is non mandatory, as further steps are clearly spelled out on the letter agreeing to a payment plan of £XX.XX at such and such frequency.

Unfortunately, sometime the Courts are not very polite.