Marston Group help please !

[keiron]

Had a message saying that removal contractors are to enforce a warrant at my address. I have an outstanding amount of £7000 and have been trying to sort it out with no sucsess. I spoke to a guy that came to my door and said i could start paying monthly but i am unsure if i should trust them .

Also i live with my parents, therefore the house is not in my name neither are any of the cars in the front drive. Can they still take stuff from my address, obviously i want to know how to stop them coming around again. Any help would be great thanks .

[hallowitch]

you are going to have to give more info

 

whats the debt for

[keiron]

the debt is from University a couple of years back. I had to leave and my student loans stoped but still owed the uni money. It has just mounted up over the past few years , always demanding the payment in full which is impossible for me .

[keiron]

Any help would be appreciated and any more info i need to give just ask .

[hallowitch]

i cant help you with this debt but someone will be along to help with this so hang in there

 

your parents can fill out a statutory declaration to send to the bailiffs to protect there property this will cost £5/£10 and needs to be done in front of a solicitor

 

 

 

STATUTORY DECLARATION

 

To: (the bailiffs) (their address)

 

I (your name)

of (your address)

Do solemnly and sincerely declare that:

the items listed (list them) are not the property of (your name) and (reason why they were there) and have always been my sole property

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.

 

Signature:

 

Declared at

 

On the day of two thousand and

 

Before me

 

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for OathsBefore me

[keiron]

thanks . When a visitor for marston came to the house he was aware that the house was not mine and said he had people checking who's names were registered with the cars. I dont have a socilicitor either , and my parents dont know the extent of my debt. I hope i cam get this sorted, thanks hallowitch , ill hang on in there .

[pink_eeyore]

was he a high court enforcement officer? did he leave any paperwork?

[keiron]

i am unaware , i was in a state of shock to be honest. he didnt leave any paper work just a letter from marston group informing me on my debt . then a few days later i receive a text message saying they are inforcing a warrant . And i was told to pay £200 month but nothing was confirmed.

[Nintendo Pü]

You do not have to let a bailiff into your parents home.

 

Marstons MO is to borrow expressions from the Criminal Procedure Rules, you are a defendant, their website talks about arrest warrants, have a power to use locksmiths to break in to homes and a parking ticket is a fine. They are also very big on overcharging debtors with bailiffs fees under a pretence they are statutory fees.

 

Phone the county court and find out what the original judgement debt was before it was transferred up to the High Court. You can get a solicitor to revoke the High Court Fees using Section 1 of the Unsoilicited Goods and Services Act. I only know it has been done if the defendant can show the Marston tranferred to the High Court is unilaterally. I can dig for more info, but IFAIK there is no precedent you can follow.

[ploddertom]

Hi Keiron

 

It would appear that the uni have taken you to Court and obtained a CCJ against you. Not having responded I guess they have had the debt transferred up through the High Court and Marstons are visiting as High Court Enforcement Officers. The problem stems from the fact you seem to have known about this debt but chose to put it off for one reason or another - something most of us have been guilty of before so I'm not criticising. This therefore makes any action a bit more awkward.

 

1. Do you know about the original debt? From what you say the answer is yes.

2. Have you checked your Credit Report recently?

3. As the Claimant appears too have obtained a CCJ against you did you have any knowledge of this? If the answer is no then you may be able to apply for Set Aside where you may be able to defend or offer to pay the Claimant.

4. If item 3 applies and you apply for Set Aside you must then apply for a Stay of Execution through the High Court. This halts any further enforcement action or further fees from the HCEO.

5. Marstons charges will include daily interest and charges for each visit, they will be quite sizeable.

6. If you have no seizable assets then Marstons may return the case to the Claimant as unenforceable but the debt still remains, and you could be subject to further action either through the Court or from another HCEO company.

 

PT

[keiron]

Thanks for the information. I was not aware that a ccj had been obtained against me no. I will see if i can get a set aside. And yes i did know about the original debt but like most of us have done, i just left it and hoped it would go away. Obviously it doesnt. If i cant get a set aside what else is next?

[Nintendo Pü]

Lets take it sone step at a time.

[ploddertom]

As Nintendo says you need to walk before you run.

 

I would advise you to seriously tell your parents about this debt - you never know they may be prepared to help as long as you pay it back. It would come as a greater shock to them to find out from other parties just how deep you are in - an "innocent" slip of the tongue. They would also feel that you cannot trust them.

 

You must start the ball rolling ASAP, tonight you can print off the Set Aside form either blank or filled in by going to the HMCS website and if I remember correctly it is Form 244 - cost of Application is £75. This must be returned to the Court where the original CCJ was made. In your claim you should also ask that any Hearing is made at your local Court.

 

To stop further action by the HCEO you MUST apply for a Stay of Execution this must be done in the High Court. Try National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court for further help and advice.

 

The assumption is that the university sent all the paperwork to your old address, however there is no guarantee you will win the Set Aside application. At present there it is not worth going over all the what ifs until you know what direction the process is going in.

 

Follow Hallowitch's post to get your parents to do a Statutory Declaration, otherwise the HCEO can assume any property could be yours and seize it.

 

PT

[keiron]

I received a letter today saying that they note my offer to pay the debt off at £200 a month. I have to give the first installment by return of post , how do they mean? Check, cash, or just my card details?

 

However they said they will seek instructions from the solicitors wheter their client is willing to accept the offer. I hope this is genuine and not some kind of set-up . Anyone received a letter like this?

[sillygirl1]

ploddertontom, you have to remember that Marstons have bought a load of debts to try to enforce, PRETENDING that they are bailiffs collecting on a warrant when they are NOT.

 

Unfortunately it is a sign of how desparate the debt buyers are becoming, using both Marstons and JBW as debt collectors - a very nasty development indeed.

[pink_eeyore]

ploddertontom, you have to remember that Marstons have bought a load of debts to try to enforce, PRETENDING that they are bailiffs collecting on a warrant when they are NOT.

 

Unfortunately it is a sign of how desparate the debt buyers are becoming, using both Marstons and JBW as debt collectors - a very nasty development indeed.

 

I'm assuming you have proof that Marston's have purchased debt???

 

This is a serious allegation as it would put them in contravention of their consumer credit licence

[sillygirl1]

I do have proof and it was sent to Bankfodder last year - I am now exiting this thread to avoid a 'slagging off' war.

[pink_eeyore]

I received a letter today saying that they note my offer to pay the debt off at £200 a month. I have to give the first installment by return of post , how do they mean? Check, cash, or just my card details?

 

However they said they will seek instructions from the solicitors wheter their client is willing to accept the offer. I hope this is genuine and not some kind of set-up . Anyone received a letter like this?

 

Sounds like they are not dealing direct with the client rather client appointed solicitors who should have sent you a letter before action - have you rcieved anything from solicitors? The solicitors would have passed this to Marston's not the Uni directly.

[Nintendo Pü]

 

This is a serious allegation as it would put them in contravention of their consumer credit licence

 

How so? the public register says Maston is licensed to trade in debt collection. In fact its license is A-F and Z, an everything license.

 

Are there any specific terms of its license prohibiting it buying debts?

[pink_eeyore]

debt collection is entirely different to debt purchasing

 

if they are simply collecting on behalf of debt purchasers that is OK but not if they are purchasing themselves - that's a whole different part of your application which they will not have had to complete as bailiff/hceo's

[Nintendo Pü]

I learn a new thing every day. Didnt know purchasing debts required a specific license different from debt recovery.

 

But I dont think its right for Marston to be collecting consumer debts using letters with the word BAILIFFS on it. This could be interpreted as making a false representation of their powers to obtain a money transfer.

 

I think the OFT should be made aware of this.

[viking657]

Hi I too am currently involved with fighting the Marston Group my case is a bit different to yours but I'll pass on what I've learnt so far but please be aware I'm no legal expert and I'm sure the guys on here will point out any mistakes or misunderstandings I've made of the law so please don't take the following as gospel but heres what I believe to be true thanks to my own research and the help from this forum.

 

Ok so the first thing is not to panic knowledge is power and although its scary when the bailiff knocks on your door there is alot you can do about it, whats probably happened is the claimant has served papers to your last known address.

So basically he's suing you for the money you owe. As you never responded to the court papers, you couldn't as you never got them, this case has gone before a judge without a hearing, the claimant has submitted evidence to say you owe the debt and the Judge in your absence has ruled you liable for this debt by default.

What happens next is the claimant can apply for a warrant of execution to pursue you for the amount owed and they have hired/contracted the Marston Group to carry this order out.

The reason this is with the High Court is because of the amount a Writ will probably have been obtained.

 

So at this stage lets be clear you don't have to deal with the bailiff, its the bailiffs job to levy distress against your goods to cover the debt and attempt to set up a repayment plan or collect the total due in full.

As long as you don't let them in you don't have a problem, don't answer the door keep it locked and talk to them through the letterbox or an open window if you have to preferably a first floor window.

If you let them in they gain the power to enter the house whenever they like even if your not there and can walk around the house and levy distress against anything you own and bring round a van to remove those goods for sale at public auction.

Never sign anything or agree to anything.

The following apply to a bailiff in his duties, he can attempt to levy distress, he can attempt to organise a repayment plan with you or if he does gain entry he can access your goods and levy distress.

If he can't do the first two he can only try so many times before he has to return this debt to the claimant for further instructions and if he does gain entry and access your goods, if he doesn't feel the goods will cover the debt at auction he's also obilged to return this to the claimant for further instructions but he can still take what little you have.

 

Ok so what can you do about all this? Firstly you can apply to have this judgement hearing set aside using form N244 and also apply for a "stay the writ" this will recall the case for a new hearing based on the evidence you give - you weren't served papers this is a valid reason because you didn't live at that address.

The "Stay the Writ" application will suspend enforcement action for the same reason until this is case is reheard.

Lets make it clear all this is going to do is suspend action until you can appear in your local court at a hearing and for all the evidence to be reheard, as this is a student loan I'm assuming you'll have signed papers for the loan so its going to be easy for the claimant to prove you owe this debt. So the court will still find you liable for this debt if this is the case and you aren't guaranteed to have the judgement set aside or the "Stay Writ" enacted anyway prehaps based on this evidence.

 

Get online and pull your credit report, creditexpert are good, if a CCJ has been entered against you it will be on here.

From this you'll have a judgement/case number plus a name for the court were the case was heard.

If you can't do this ring Marstons and ask for the court case ref number and chances are as this case was heard in your abscence it will have been heard at Northampton County Court.

Ring the Court they can give you details on everything, where papers were served and when, the full contact details of the claimant or the solicitors who are acting on their behalf.

 

Another thing you can do is get yourself an N245 form, this is an application for the suspension of a warrant and/or variation of an order.

This is basically a form that gives full details of your income and outgoings and gives you the option of making an offer of payment. This should be an amount you can afford. The court will look at your income and outgoing and set your payments based on what you can afford based on your disposable income.

If the court agrees all enforcement action will be stopped and as long as you keep up with repayments no further action can be taken and in the event you have a change of circumstances use the same form again to reapply for reduced payments.

If you agree you owe what they say you owe then I think, but its just an opinon based on what you have said so far, this is probably your best option. It stops enforcement action and sets up a payment plan you can afford and this form only costs £30 to submit to the courts.

The other forms are £75 a go and if you owe the amount and theres no doubt the N245 seems at least appear to be as quickly sorted and processed as the others.

 

Whatever route you go down you'll need to submit these to the court where the case was orignally heard.

 

Whislt your getting these forms get yourself a EX160 and read the advice booklet with it, use it to work out if you qualify for remission of court fees ie you don't have to pay.

If you don't have to pay submit this with which ever route you decide to go down.

you'll get this if your on benefits or have a low gross annual income

 

If you can get the details of the claimant write them a letter telling them what your doing and write a letter to Marstons telling them what your doing.

Include in your letter to Marstons that you have no intention of allowing lawful access etc etc. If you like I can help with these by posting a sample.

Any letters you send must be sent recorded and send a copy to all parties concerned. If you make it clear you've no intention of dealing with Marstons and allowing them to carry out their duties and inform their employers, the claimant, they should back off unless they can levy distress by gaining access or say on a car.

 

Its important to remember your not guilty or innoccent your liable for this debt and the law will protect you by allowing you to repay what you can afford without enduring hardship.

If you set up a repayment plan you can't afford with Marstons you'll end up in more trouble and they aren't concerned what your living costs are the courts however are.

 

Whats important is you do something now about this as it won't go away, remember a CCJ is a judgement by the courts that you are liable for this debt and must repay it.

It does not mean you have to agree to anything with marstons you can set up your repayment plan through the courts, forget dealing with marstons if they can find a way to add on charges they will and theres still an opportunity at a later stage to contest any charges they have added to the orignal debt.

Marstons are just contracted to collect the debt, you don't have to negioate with them you can settle this through the courts and cut Marstons out of the picture completely.

Try to remember that the only thing the orignal claimant is interested in is recovering the orignal debt, if court says you can only afford £xxx's per month they have to accept this by law and if you send them a letter telling them what your going to do about this it will help.

The law will protect you if you can show your being proactive about settling this debt.

Marstons want it all now and don't care how they get it but unless you agree to something with them and sign something theres little they can do.

Even if you have set up a repayment plan with Marstons by the time you read this, keep to the repayment plan and then apply for the N245 to get the payments reduced and this out of Marstons hands.

 

I'd think about coming clean with your parents too but show them what your going to do about this and the steps your taking to protect them.

 

I hope all this helps and that my advice is right, its only what I've learnt so far myself good luck and I'll check back in if you don't understand anything or what help writing your letter to the claimant or marstons

Edited December 1, 2009 by viking657

[keiron]

vicking657 - thanks for your help. Well i have sent a check in the post to marstons like they said i sould. They will then see if it is accepted by the courts. I have not let anyone in my house, well my parents house i just spoke to a guy on the door step who seemed understanding and gave me some adivce. What shall i do now ,wait for a response or carry on with a set aside? Any more help in detail would be much appreciated. Thanks