marstons removal contractors visit

[jasper18]

Well hi all,

 

Have received a letter from the Marston group this morning for a visit by removal contractors to visit the address for seize and remove goods. date 29/2/2012

 

The letter goes on to say that i can ring them to arrange a visit convenient to myself. (I don't Think so).

 

The debt is for £1,128.58. the original bill was for £480.00

 

Had a previous letter that stated a High Court writ of FiFA had been issued against the debt.

 

The debt was for a business i ran and have not paid, i am currently on Jobseekers allowance as i have no work.

 

Many Thanks,

 

Nik.

[jasper18]

! Bump !

[viking657]

Hi Marstons are supposed to be visting me on the same day! Welcome to the forum someone will be along soon who can help you with this but they will need more information, theres plenty you can do however but like I say information is critical.

 

Is this the first you know of enforcement action against this debt? this matter has probably been to court if marstons are involved. Have you made any repayments against this debt already? Is this a business debt with a supplier for example or is it related to revenue and customs?

 

The best advice I can give to you at the moment is this, unless you agree to Marstons actions theres nothing they can do.

Don't answer the door talk to them through a first floor window or the letter box, if you allow them peaceful access to your home ie invite them in they will gain the right to come back and break in at a later date.

Don't sign anything, if you sign a walking poccession order they can come back and force entry.

If you refuse to speak to them with regards to a repayment plan or payment and if you refuse them access to your home then they can do nothing, they eventually have to return it to the claimant.

Its worht pointing out they can take your car, unless its on finance or needed for work, and they can break into unattached outbuildings such your garage but not your home.

Keep all doors and windows locked, climbing in through an open window is classed as peaceful, lawful access.

 

Its scary stuff and bailiffs, not all but most, will say alsorts to gain access. If you read that letter carefully it will say at the bottom, should officers call and a seizure is effected you will be responsible for our additional costs.

that really is key, unless they gain access and make a seizure alll these charges are just hot air. It will ocst them money to attend not you unless you let them in and this £300 for the first then £250 for each additional hour is nonsense unless you agree to it.

 

Without more info its difficult but the best way to halt action at this stage is to put this account into dispute and get it returned to the claimant so you can set up a repayment plan. Don't pay Marstons anything you don't have to.

[viking657]

I forgot to ask have you previously paid marstons or signed anything with them?

 

Also its taken me a day or so to send marstons packing thanks to this forum, if you provide the info people can help you acheive an affordable repayment of your debts

[jasper18]

it is a business debt and although the business account is still running there aint no money going into it. and it is for goods.

 

I have not had a letter from a court advising me of there decision or ruling.

 

yes the additional costs are there as well for attendance.

 

No I haven't paid them anything, have spoke to them on the phone (withheld Number) But as i was not in receipt of benefit at the time could not tell them how much income i had.

Edited February 22, 2012 by jasper18
more information

[viking657]

Ok I have to go get my kids from school shortly but I will come back later and like I said others will be along to help over the course of today and tonight, I will advise as best I can.

 

If you were never served court papers over this you can apply to the court for set aside, as you never recieved the papers you never had the opportunity to defend yourself. The effect of this is basically to rewind the collection process to the point of court action, so bye bye marstons.

Once there you can put your side across and have the courts decide based on your income how much you will repay. If memory serves me right you need form N244 but someone else can probably confirm that and it will cost £50-£70. I'm limited in how I can advise you on this having never quite got that far, I managed to sort out repayment plans.

 

Another way to deal with this would be to put in a subject access request to the claimant, whoever hired Marstons. You'll find a template for this on this forum, basically your asking for all the information regarding this matter and they have 40 days to reply. this will cost you £10.

 

If you use the first or second option this will put the account into dispute and based on what you have said Marstons will legally have to suspend enforcement action.

 

My advice would be to telephone Marstons and tell them that you are disputing this debt and will be informing them in writing. Tell them you are putting in a subject access request to the claimant and looking into applying to have this judgement set aside.

Depending on how you come across they may or may not be nice to you, I've had a few heated exchanges but on the whole its gone well. If all else fails just tell them they will have your response in writing in the next few days.

Get this all in writing sent to them today or tommorrow by 1st class recorded delivery I can help with that later if no one else gets back to you before this evening.

 

The above should get it sent back to the claimant and call off marstons then you need to start talking to the claimant and coming up with some sort of repayment plan.

 

Its very hard not to panic but knowledge is power, you can regain control of this matter and repay on terms based on your income

[unclebulgaria67]

You can check for CCJ's using this site. http://www.trustonline.org.uk/

 

As has been said, if you never received the court claim form, you can request a set aside, by completing the form mentioned and paying the relevant fee. http://www.trustonline.org.uk/understand-judgments-fines/set-aside-a-judgment

 

If you are going to do this, you should do so urgently and get it registered at your nearest county court, so that you can tell Marstons that you have applied for the court judgement to be set aside. Once they are aware that court proceedings are ongoing, they should put a hold on any action.

 

If you want help with the set aside, I would suggest that you add a post to the legal issues forum on this site, where more informed people can help.

[wonkeydonkey]

You can check for CCJ's using this site. http://www.trustonline.org.uk/

 

As has been said, if you never received the court claim form, you can request a set aside, by completing the form mentioned and paying the relevant fee. http://www.trustonline.org.uk/understand-judgments-fines/set-aside-a-judgment

 

If you are going to do this, you should do so urgently and get it registered at your nearest county court, so that you can tell Marstons that you have applied for the court judgement to be set aside. Once they are aware that court proceedings are ongoing, they should put a hold on any action.

 

If you want help with the set aside, I would suggest that you add a post to the legal issues forum on this site, where more informed people can help.

 

Perhaps you would like to clarify this comment for it tends to suggest you consider those posting in this forum are being advised by the uninformed?

 

WD

Edited February 22, 2012 by wonkeydonkey

[unclebulgaria67]

WD

 

No. I just find that the Caggers who know set asides inside out and backwards generally look at the posts in the legal issues forum and may not see posts in the bailiffs section. This is not to say that the OP won't get any help here, as I hope they would.

[jasper18]

so with all the information being given.

what if i file for bankruptcy as there are other debts that total nearly £30,000. could they still peruse the amount claimed.

 

many thanks...

[wonkeydonkey]

WD

 

No. I just find that the Caggers who know set asides inside out and backwards generally look at the posts in the legal issues forum and may not see posts in the bailiffs section. This is not to say that the OP won't get any help here, as I hope they would.

 

Strangely enough. being but one cagger that fits the criteria of knowing set asides inside out and backwards, I have faith in the site team who frequently move such posts to the Bailiff Forums, they do so, secure in the knowledge the OP will and does get all the help and advice they need.

[unclebulgaria67]

so with all the information being given.

what if i file for bankruptcy as there are other debts that total nearly £30,000. could they still peruse the amount claimed.

 

many thanks...

 

Have you got the funds for that, as I believe it costs you about £800 to make yourself bankrupt. Then there are the issues you would have afterwards. This is something you should discuss with someone qualified, to make sure it is the right path for you. Perhaps give National Debtline a call as a starting point.

 

I am not sure how quick it is to apply for bankruptcy and it may not be in time for dealing with Marstons.

[viking657]

I heard bankruptcy is in the £700 - £800 price range. I am no expert maybe others can confirm but I would imagine if you state that is what you are going to do in writing then it also places the debt in dispute and holds off enforcement action possibly.

 

As others have stated you need to talk to someone qualified in this matter if this is what you want to do.

 

My idea of a subject access request and/or a view to having the CCJ set aside would provide you with breathing space at the very least, maybe a few weeks.

 

Bottom line is you can only hold them off for so long, eventually they will be back.

 

With regards to the debt origionally quoted if you do manage to get it back to the claimant all they can do is apply to the courts to obtain information or make you pay (court looks at your finances and sets rate), in theory they could apply to make you bankrupt but unlikely due to the amount - like I said no expert.

They can only send marstons back so many times before it becomes harassment and undue pressure on you to pay, if marstons never gain access the only place this will end is back in the courts by you or them.

 

Its worth noting if you do get marstons called off your bill should be £480 again if the rest was marston charges, I can't remember precisely but they can only charge a small amount, £17ish?, for each vist so you'd owe marstons a small amount as well.

 

If you need help either reply here and I'll do what I can to point you in the right direction

[jasper18]

obviously for them gain possession of any goods they have to get into the property, i don't own a car as could not afford to insure it its got that bad with income.

 

have still got the money available for the car although only £600.00. Because I'm on jobseekers allowance part of the court fees are wavered knocking it down to £575.00 or thereabouts.

 

Just have to sort out Tax and VAT money owed.

 

Have spoke to someone with reference the Bankruptcy and have had advice. Just need to get the forms filled in and a court date to attend. This will be sorted tomorrow.

Many thanks to all that have input in the thread.

[wonkeydonkey]

There are a couple of things you would have to take into your equations on such a move to bankruptcy...not all debt can be included....if you have joint debts of high value with your OH being a co owner to them, then there is a possibility they will also have to file for bankruptcy to avoid being chased for the debt.

 

There is some good reading in the Bankruptcy Forum and some very well informed caggers.

 

WD