Marston bailiffs - help!

[Millie.iz]

Desperately in need of help. I have two unpaid court fines (one for speeding and one for running a red light), i couldn't scrape the money together to pay them at the time and it has just got worse and worse. Marston now have my debt and keep turning up at my door demanding full payment which they have somehow racked up to almost 1500 from 300! I have spoken to marstons multiple times and tried to set up a payment plan but they just refuse. I suffer with anxiety and take daily medication but this is all becoming unbearable, I've asked the court to step in and help but all they do is put it on hold for a week and marston keep telling me that their welfare department don't deem me as a 'vulnerable person' regardless of having seen the proof of my anxiety disorder and they know I am a single parent. My anxiety has got so bad that the doctor has just signed me off work, I knew I was close to a breakdown and I repeatedly told marstons that they were pushing me over the edge but they just don't care and keep repeatedly threatening to get a locksmith and break in to my property. I am terrified they are going to break in while I am out and I really think for my health it's best I go away and stay with my parents but too scared to leave me home in case they then break in.

Can someone please advise me what I should do, whether they will break in to my home and where I go from here?! I really want this to get resolved so I don't have to keep worrying as I'm never going to be able to go back to work in my current state. I haven't slept in weeks worrying about this. The card they put through my door this morning is titled; notice of intention to enter and search your premises - removal notice.

[Milo]

Re: Marston bailiffs - help!

Desperately in need of help. I have two unpaid court fines (one for speeding and one for running a red light), i couldn't scrape the money together to pay them at the time and it has just got worse and worse. Marston now have my debt and keep turning up at my door demanding full payment which they have somehow racked up to almost 1500 from 300!

I have spoken to marstons multiple times and tried to set up a payment plan but they just refuse. I suffer with anxiety and take daily medication but this is all becoming unbearable, I

've asked the court to step in and help but all they do is put it on hold for a week and marston keep telling me that their welfare department don't deem me as a 'vulnerable person' regardless of having seen the proof of my anxiety disorder and they know I am a single parent.

My anxiety has got so bad that the doctor has just signed me off work, I knew I was close to a breakdown and I repeatedly told marstons that they were pushing me over the edge but they just don't care and keep repeatedly threatening to get a locksmith and break in to my property. I am terrified they are going to break in while I am out and I really think for my health it's best I go away and stay with my parents but too scared to leave me home in case they then break in.

Can someone please advise me what I should do, whether they will break in to my home and where I go from here?! I really want this to get resolved so I don't have to keep worrying as I'm never going to be able to go back to work in my current state. I haven't slept in weeks worrying about this. .

I really am sorry to hear of your health problems.

It would seem from your post that bailiff enforcement has been ongoing for quite a long time. For instance, you have mentioned that Marston's 'keep turning up' at your house and that Marston 'keep' telling you that their Welfare Department do not deem you to be 'vulnerable'.

When was this account passed to Marston Group?

There is a huge amount of confusion regarding 'vulnerability' (as indeed is outlined in your above post). Being prescribed medication for anxiety would not automatically deem you to be 'vulnerable'. After you, despite your anxiety...and being a single mother, you are able to work. And by the way...well done...it cannot be easy.

The courts take non payment of fines very seriously, and what they would be looking at is to see what steps have been taken BEFORE a warrant had been issued to settle the debt. For instance, contacting the court to set up a payment arrangement. The mimimum amount that can be accepted is £5 per week. Alternatively, having nominal payments deducted from your benefits.

Have you made any payments to either the court or Marston Group in relation to these fines? Have you submitted a payment proposal?

[Millie.iz]

Re: Marston bailiffs - help!

Hi,

It has been with marstons for around 2.5 months. I haven't made any payments as I don't trust marstons at all (they turned up despite being told by the court not to). Can I start making payments to the court directly? I have offered multiple payment plans verbally to marstons but not in writing, is it worth putting the payments plan in writing to to the court as well as marstons? Now I am off sick I will only be taking sick pay so I need to apply for th necessary benefits for which will barely even cover my rent. I have £200 set aside to pay the court if that would help?

[Milo]

Re: Marston bailiffs - help!

Hi,

It has been with marstons for around 2.5 months. I haven't made any payments as I don't trust marstons at all (they turned up despite being told by the court not to). Can I start making payments to the court directly? I have offered multiple payment plans verbally to marstons but not in writing, is it worth putting the payments plan in writing to to the court as well as marstons? Now I am off sick I will only be taking sick pay so I need to apply for th necessary benefits for which will barely even cover my rent. I have £200 set aside to pay the court if that would help?

Millie,

Once a warrant is issued, the courts cannot...and will not...accept payment. What will happen, is that if you make payment to the court, they will in turn pass that payment to Marston's so that they (Marston's) can deduct the Compliance fee (of £75) and apportion the balance on a 'pro rata' basis with approx 60% being alloctaed towards the court fine and 40% against the balance of bailiff fees. Therefore, whether you trust them or not, is beside the point. Whilst the company still have the warrant, payments must be made to them.

If the court had put your account 'on hold' then they would surely have instructed Marston Group to cease all enforcement for a period of time? Did they not do this?

You have already been charged the maximum fees (of £310) so I am somewhat surprised that visits are continuing to be made.

Given the size of the debt (approx £1,500) the enforcement agent would have difficulty taking goods of yours to cover this debt (unless of course you have a car).

[Millie.iz]

Re: Marston bailiffs - help!

Hi milo. The fees they are applying are far more than £310. The £1500 is almost 1100 in fees/bailiff costs. I was going to ask for a breakdown as the amount seems to be spiralling. Are they likely to try and break in while I'm away? I'm happy to set up some form of instalment plan but they are continually refusing so do I just send money regardless or do I need something in writing? The court put it on hold and the bailiffs turned up during the 28 day hold period.

[Jojo71]

Re: Marston bailiffs - help!

Hi Millie, have you let the bailiffs into your house?

[Millie.iz]

Re: Marston bailiffs - help!

I googled about it and it said absolutely do not let them in so I have spoken to them either through the letterbox or a window and never opened the door to them.

[Jojo71]

Re: Marston bailiffs - help!

Good. The only times they could break in are if you have already let them in or as a last resort to collect criminal fines.

Have you complained to Marstons formally about them visiting while the court put it on hold? There is an online complaints form you can fill in on their website.

I would speak to Citizens Advice, they should be able to help you move forward.

Try not to worry, there are plenty of people around to help

[ploddertom]

Re: Marston bailiffs - help!

Good. The only times they could break in are if you have already let them in or as a last resort to collect criminal fines.

As this is for unpaid Court fines then the power of forced entry is already allowed. However considering the size of the amount outstanding I doubt they would bother as they would have to go some to seize goods to cover that when you consider there is a large list of exempt goods.