Hi,

This is my first post here and need some advice please -

Had a letter given to me by mum yesterday which I opened to see it was from marstons and a notice of enforcement for HMCTS for £8,900.00.

I was given a £11,600 fine last year for a VAT debt from the magistrates ( was to do with no giving security at the time) which was a £500 fine and £11,100 compensation.

I have been paying this fine and was being paid every month, I believe the last couple or maybe just 1 (need to check) haven't gone out for some reason. Obviously debt has already gone down by £1700.00 since June last year when imposed.

The details on the notice of enforcement state " a warrant of control has been issued by her majesty's courts and tribunal serve, distress warrant and then a date of 17/05/2017.

I have read somewhere about it can only be enforced within 180 days of the date? What does that mean?

I don't have £8,900.00 to pay marstons and don't know what to do, I have read that they won't accept payment plan?

I am already in an IVA as of Feb 2017 which I know this can't go in as is a court fine.

Will the court if I call them cancel this down and go back to the original payment plan?

Any help would be great.

Thanks in advance.

Adam

 

The details on the notice of enforcement state " a warrant of control has been issued by her majesty's courts and tribunal serve, distress warrant and then a date of 17/05/2017.

 

I have read somewhere about it can only be enforced within 180 days of the date? What does that mean?

 

Adam

Hi Adam,

When a warrant of control is issued, the enforcement company (in this case Marston) should return any uncollected warrants after the period of 180 days. Payment arrangements for unpaid court fines are not at all generous (usually 3 months possibly 4, but rarely over 180 days. The exception would be where an account is being managed by their Welfare Department.

hi,

Thanks for the reply.

Do you have any advice on my situation?

Hi,

 

Had a letter given to me by mum yesterday which I opened to see it was from marstons and a notice of enforcement for HMCTS for £8,900.00.

 

I was given a £11,600 fine last year for a VAT debt from the magistrates ( was to do with no giving security at the time) which was a £500 fine and £11,100 compensation.

 

I have been paying this fine and was being paid every month, I believe the last couple or maybe just 1 (need to check) haven't gone out for some reason. Obviously debt has already gone down by £1700.00 since June last year when imposed.

 

I have read that they won't accept payment plan?

 

I am already in an IVA as of Feb 2017 which I know this can't go in as is a court fine.

 

Will the court if I call them cancel this down and go back to the original payment plan?

 

Adam

What date is the Notice of Enforcement?

Almost certainly you need to be making contact with Marston's to advise them of the IVA and your ongoing obligations to the creditors to adhere to the monthly repayments. They may want to see a copy of the agreement.

The company will accept a payment arrangement but as I said yesterday, repayment proposals for Magistrate Court fines are not at all generous. I am frequently asked the reason for this so I should explain:

In the first instance, it is important to understand that a court fine is considered a punishment for wrong doing (in other words; for breaking the law).

The amount that Marston's are collecting on behalf of HMCTS is made up of 4 different sums as follows:

From payments received from Marston's (after deducting their fees), HMCTS, must first discharge the compensation amount followed by the Victims Surcharge and Prosecution Costs. Only after all these amounts are cleared in full can the balance go towards discharging the government's debt (the court fine).

All the while the warrant of control is with Marston's the court will not entertain bringing the debt back into their control. If Marston are unable to obtain payment then the warrant will be returned and you will then be in a position of approaching the court for a new repayment proposal.

What date is the Notice of Enforcement?

 

Almost certainly you need to be making contact with Marston's to advise them of the IVA and your ongoing obligations to the creditors to adhere to the monthly repayments. They may want to see a copy of the agreement.

 

The company will accept a payment arrangement but as I said yesterday, repayment proposals for Magistrate Court fines are not at all generous. I am frequently asked the reason for this so I should explain:

 

In the first instance, it is important to understand that a court fine is considered a punishment for wrong doing (in other words; for breaking the law).

 

The amount that Marston's are collecting on behalf of HMCTS is made up of 4 different sums as follows:

 

Compensation

Victims Surcharge

Prosecution Costs

Fine

 

From payments received from Marston's (after deducting their fees), HMCTS, must first discharge the compensation amount followed by the Victims Surcharge and Prosecution Costs. Only after all these amounts are cleared in full can the balance go towards discharging the government's debt (the court fine).

 

All the while the warrant of control is with Marston's the court will not entertain bringing the debt back into their control. If Marston are unable to obtain payment then the warrant will be returned and you will then be in a position of approaching the court for a new repayment proposal.

The date of enforcement is 17/04/18. I have spoke to them today and the least they will take is £2600 up front with the balance payable within 4 weeks after.

So as you say not very generous. I have made a complaint to the court today and requested the enforcement is paused or stopped. See what happens.