Marston notice enforcement, scotland

[randomandy]

Hey all, been a while since I've been on here. But it's the same ongoing issue from like a year or more ago...

I have just received a notice of enforcement from Marstons, for an unpaid court fine. What exactly does this mean?? I wax previously informed when I got a notice of intent from them that because I live in Scotland, the bailiff can't touch me without going through sheriff etc, does this still stand with the notice of enforcement I have just received??

As I've always said, I do not dispute the fine and am willing to pay in affordable installments if they are willing to accept but I have 5 children, so that isn't much a week/month that I can afford...

I'm worrying they will just come and remove my car or something (worth more than the 480 I owe 😐&#128528 if anyone can help me out would be appreciated...

Cheers, Andy

[ploddertom]

Re: Marston notice enforcement, scotland

Same still applies, Marstons may only operate within England or Wales. have you tried contacting the originating Court to come to some sort of arrangement?

[bizzybob]

Re: Marston notice enforcement, scotland

Could OP send I & E and offer to the court copied to marstons, stating that Marstons have no jurisdiction, so cannot enforce, therefore pointless giving them the debt?

Incidentally are Marstons fees of themselves enforceable in Scotland?

[randomandy]

Re: Marston notice enforcement, scotland

Same still applies, Marstons may only operate within England or Wales. have you tried contacting the originating Court to come to some sort of arrangement?

had a feeling this was the case...

Last year, when I was going through this, I refused to pay Marston the high amounts they were demanding, and tried to sort through the court, but the court simply fobbed me off and told me they cant recall the debt once they have passed it to Marstons, and didnt seem at all interested when I tried to inform them that Marston had no Jurisdiction in Scotland, and that by accepting payment from me at least they will get monies owed lol...

Marston on the other hand, tried telling me that it was enforcable and that they would be enforcing it etc, this was a year ago (Was a notice of intent I believe) and have heard nothing since until I got the 'Notice of Enforcement'. It threw me off guard a bit to be honest, but if I can safely argue that I am effectively 'untouchable' by their bailiff as I live in different legal jurisdiction, may well give me some leverage to negotiate clearing in a way I can afford and try putting this behid me...

that being said, I remain doubtful after going through similar last year...

So just to confirm, bailiff has no power in Scotland, so not only can they not enter my family home, but they are lawfully, not allowed to remove my car etc?? the car is the 1 thats worrying me the most as that is outside my home and is NEEDED daily to ferry kids around to schools/nursery etc...

If I was to get in touch with the court, who would I be asking to speak with?? I am going to assume its a fines officer or something like that??

[randomandy]

Re: Marston notice enforcement, scotland

Could OP send I & E and offer to the court copied to marstonb, stating that Marstons have no jurisdiction, so cannot enforce, therefore pointless giving them the debt?

Incidentally are Marstons fees of themselves enforceable in Scotland?

what would Marston fee be for though... If they cannot enforce in Scotland, Then my assumption would be there fees cannot be either. My assumption is based on the fact that fee's are charged to cover the cost of enforcement?? if they cannot enforce, they cannot charge for that??

The courts passed this on to I believe Collectica a while before it 1st went to Marston, and after negotiating the Court called it back from Collectica, it didnt have any of collectica charges after it was called, only the original fine... Thats why this is kind of my own fault in a way, the ourt called it back i agreed to pay 10 a week wich i stuck to for a good while, then missed 1 payment due to problems with the bank, when I got it sorted, called courts to pay and they said they had passed it on...

that was well over a year or more ago, roll on Marstons, and then now again...

hope this helps better explain my situation aswell

[bizzybob]

Re: Marston notice enforcement, scotland

The fees would be those laid down in Regulations from April 2014, £75 for Compliance Stage, as in the letter, then £235 for the Enforcement fee on a visit. As they cannot operate in Scotland and that law doesn't apply, they can ask for the fees, but cannot take your goods, in fact they could get their collars felt if they turned up and you called the police. If you paid the original fine they would still pester you for the fees but couldn't do much about the fees imho, unless you ventured south of the border and they saw your car.....

[ploddertom]

Re: Marston notice enforcement, scotland

For Collectica read Marston - they are the same.

[josephbloggs]

Re: Marston notice enforcement, scotland

Marston holdings now own a scottish sheriff firm and i believe plan on inter-mingling the 2 so they can get at scottish people who have court fines from england. The company is called scott and co

[judgemental24]

Re: Marston notice enforcement, scotland

Even if Marstons owns a scottish sheriffs office

The fine cannot be enforced by those scottish sheriffs as the debt originated in england. It must go through the scottish courts first for a scottish sheriff office to get involved.

I am ignorant on this matter and just doing an educated opinion so happy to be proved in error

I had Marstons turn up at my door chasing a debt for a DCA.. It had not been to court, Marstons group of companies included the DCA company
.
The Marstos chap was trying to insinuate he had the powers of a baliff for a civil debt and tried to intimidate me into paying. I soon educated hm on the matter.

There is a serious conflict of interest in the way Marstons operate relying on he debtors ignorance of the law

[bizzybob]

Re: Marston notice enforcement, scotland

Marston holdings now own a scottish sheriff firm and i believe plan on inter-mingling the 2 so they can get at scottish people who have court fines from england. The company is called scott and co

Scottish legal system is separate, so they wouyld have to go through Scottish system as the English debt can't be enforced in Scotland, even by a Scottissh Sheriff inho. I could be completely wrong though.