marston group ***URGENT HELP PLEASE***

[pinkpanthers1]

I Really hope someone can help me!!! I have been paying marston group £200 per month to clear an outstanding debt. Unfortunately, this month my chq bounced. They called me to say that it had not cleared and I promised to pay two days later on my card. I did it within the agreed timescale, but the man said that I needed to pay more. I explained that I didnt have any more to pay, as the lady I had spoken to previously had not said that I needed to pay any extra. He said that I needed to pay an additional £400 by the end of the week. I phoned them on Friday and explained that I dont have an extra £400 - I am self employed, and I have three very young children. He said that he will give me until lunch time today to make the payment, but I still dont have it. What can I do? Is it worth talking to the original company that I owe the debt to, to see if they can help me? I can probably pay another £250 by the end of the week, but I dont know where to turn. PLEASE Help me!!!

[dx100uk]

woe

 

you need to list te complete history of this debt and tell us what it is for...ctax?

 

seems like you are being fleeced blind

 

just remember bailiffs dont have any real powers they can't break in etc etc.

 

dx

[pinkpanthers1]

I had an operation on my eye that I thought my insurance would cover and so I chose to go privately. It wasnt until I got a letter from Ramsey healthcare saying that they were passing the debt over to marston, that I really took notice - I received a letter from them saying that I owed around £2500. I called them and agreed to pay £200 per month until the debt cleared. Typically, I completely misjudged my finances this month, and I just dont have any more money. I just dont know what to do.

[dx100uk]

this doesn't sound right

 

marstons are bailiffs as far as i know

 

have you had a court order or CCJ issued against you?

 

what are they threatening to do?

 

dx

[pinkpanthers1]

Sorry, yes, CCJ entered against me for this debt. They are threatening to send bailiff round. I know that they cant break in, but cant they turn up with removal contractors or something?

[dx100uk]

nope

not without a walkin possession which you have had to previously sign.

 

how much have you paid to date and how much togo on the ORIGINAL judgement sum.

 

trying to workout if you've got unlawful fees here.

 

 

edit: i see we've got guests..dx waves to marstons,,,...............

dx

[pinkpanthers1]

I certainly havent signed anything. Original debt was £1600 before it all went to court etc. Since then has gone up to £2500. The balance still owing is £1500 - so I have paid off £1k

[dx100uk]

what does the the judgement say

thats ALL you should be paying

dx

 

 

oh!! 7 guests

 

dx waves..............

[pinkpanthers1]

I will have a look now, what do you think that I should say to them - I need to phone them by lunch time - should I just say that I dont have it today, but should be able to pay some by the end of the week? Really out of my depth on this!!

 

By the way, thanks so much for your advise, it is appreciated.

[pinkpanthers1]

I have just found the original letter, it reads:-

 

You will be aware from communications left at your address that my Officer has been attempting to meet with you to levy executing under a High Court writ of FiFa that I have received against you on behalf of the above name Claimant for an amount of £2525.77 including costs, interest and charges, of which interest and charges continue to accrue on a daily basis.

 

The effect of this writ is to bind your property in your hands from the time I received it until the writ is withdrawn (Schedule 7 section 8 (1) Courts Act 2003). This means that you cannot dispose of your property to a person who at time of the purported transcation had notice of this writ or any outstanding writ.

 

Section 9 places a duty on me to size sufficient of your property to satisfy the judgemnt debt and related costs. In the absence of payment I am required to sell your goods by public auction without reserve to the hightest dibber. The sale proceeds (not to exceed the amount due under the judgement) will be paid to the claimant.

 

Clearly none of this will be necessary if you can settle with me in full, or in the alternative reach an accomodation to pay by instalments.

 

I suggest that you waste no time in contact me so that the matter can be resolved.

 

 

Help, no idea what this means!!

[dx100uk]

i'll pass you over to tomtubby whom i see is in the wings....

 

dx

[tomtubby]

what does the the judgement say

thats ALL you should be paying

dx

 

 

oh!! 7 guests

 

dx waves..............

 

Unfortunatly as this debt had not been paid the creditor has had the CCJ "transferred up" to the High Court for enforcement and Marston CAN charge additional fees as they are doing so in their capacity as High Court Enforcement Officers.

[dx100uk]

we need to see what is written in the judgement box of the CCJ

 

dx

[tomtubby]

I have just found the original letter, it reads:-

 

You will be aware from communications left at your address that my Officer has been attempting to meet with you to levy executing under a High Court writ of FiFa that I have received against you on behalf of the above name Claimant for an amount of £2525.77 including costs, interest and charges, of which interest and charges continue to accrue on a daily basis.

 

The effect of this writ is to bind your property in your hands from the time I received it until the writ is withdrawn (Schedule 7 section 8 (1) Courts Act 2003). This means that you cannot dispose of your property to a person who at time of the purported transcation had notice of this writ or any outstanding writ.

 

Section 9 places a duty on me to size sufficient of your property to satisfy the judgemnt debt and related costs. In the absence of payment I am required to sell your goods by public auction without reserve to the hightest dibber. The sale proceeds (not to exceed the amount due under the judgement) will be paid to the claimant.

 

Clearly none of this will be necessary if you can settle with me in full, or in the alternative reach an accomodation to pay by instalments.

 

I suggest that you waste no time in contact me so that the matter can be resolved.

 

 

Help, no idea what this means!!

 

Sorry, you were typing this at the same time as I was typing my reply !!

 

Clearly the officer has NOT levied upon any goods and therefore his fees would appear to be on the high side !!

 

As long as you dont have a car outside and dont' let the officer in to the property then he cannot levy.

 

I would suggest calling the company and saying that you cannot afford to pay any more than £200 per month and that you will not allow an officer to come into your property.

 

You could also say that UNLESS this is accepted that you will be giving consideration to making an N245 Application to the County Court to "vary the court order". Hopefully this SHOULD make them accept your offer of £200 per month !!

 

Please do post back.