Advice please - Marstons Bailiffs.

[Flatcoats]

Unforutnately 18 months ago I ran into debt with a private hospital who have subsequently taken me to court.

 

I completed all the paperwork before the hearing admitting to the debt of £900 and offering a monthly repayment.

 

I heard nothing until a notice of seizure pushed through my letter box from Marstons Bailiffs.

They followed this up at the beginning of Dec with a further letter asking me to sign a walking possession agreement.

 

My problem is they have listed a vehicle parked outside my house as one of the assetts they will take

however it's actually my partners car albeit does have a personal plate on it which used to be mine but the vehicle is actually his and registered as so.

 

I've not been able to do anything due to having to take time off work to care for a sick relative who unfortunately died between Christmas and New Year

now have funeral costs to pay and I am starting to panic about Marstons.

 

I understand the responsibility is on me to prove I do not own this vehicle etc

which can easily be dowe as he has his original receipt from the garage and also I have photocopied the log book.

 

My other problem is the house is a rented furnished property so I can't agree to them coming in as I do not own the electricals, furniture etc.

 

I have drafted a letter to them which I can post today again offering the repayment plan (which they did state I could do)

and enclosed the copy of the cars log book and also advised it is a rental property therefore I cannot sign thheir 'walking poossession'

 

howwever I have heard all manner of horror stories that they can turn up with the police etc, change locks I don't want to involve my landlord

 

do I post this letter to Marstons and keep fingers crossed they will finally accept my offer of £50 per month.

 

Oh and the car was purchased for £650 so doesn't even go part way to what I now owe.

 

They did say it was not too late to offer a repayment plan but to put it in writing along with an initial 1st payment

however I cannot make a first payment till the end of Jan as I received no salary for December as I had to take unpaid leave.

 

Any advise would be really helpful.

[tomtubby]

It is important to be aware that with judgments that have been transferred up to the High Court to enforce there regulations provide that the OWNER of the goods levied upon should send a Third Party Claim form to the relevant enforcement company. This form is very simple and I can provide some wording later on this morning.

[Flatcoats]

It is important to be aware that with judgments that have been transferred up to the High Court to enforce there regulations provide that the OWNER of the goods levied upon should send a Third Party Claim form to the relevant enforcement company. This form is very simple and I can provide some wording later on this morning.

.

 

Thanks Tom

 

is it still worth sending them this letter with a copy of the log book.

Just don't know what to do if they turn up at the house with a pick up truck lol.

 

Don't want an argument in the street with them but oh will go mad if they try to take his car.

 

It's my debt and even their letter states

"where motor vehicles have been seized we require defendants to arrange to it for

a copy of the vehicle registration document

so we can satisfy ourselves as to the ownership of the vehicle prior to its removal'.

 

So confused.

[ploddertom]

They have no right of entry regardless of what the paperwork they have says. Whatever happens do not allow them entry. In the interim the car should be moved well away, they will remove it pending proof of ownership.

[ploddertom]

When you made the offer of payment, who did you send it to?

[tomtubby]

Reading your post it would seem that the letter from Marston Group advises the DEFENDANT ( who is you) to provide any evidence such as a log book etc if a car levied upon does not belong to you. I would therefore suggest that you simply send the info as requested and if possible...by email. If you are unable to scan the logbook, I would suggest sending an email in any event to advise that the car does not belong to you and that documentary evidence is being sent in the post. Make sure that you only send a copy of the log book.

[Flatcoats]

:|Thanks Guys

- I returned the paperwork to the court admitting the money I owed detailing all my expenditure and offering to committ to a monthly payment plan

as I was unable to attend the court hearing.

 

I heard nothing back until this now from Marstons so I can only assume they just decided my monthly plan wasn't good enough.

 

The 2nd letter from Marstons states '

It may be the case that the claimants will accept payments by installments if you cannot settle in full with us at once.

However all offers together with a first payment on accounts must be sent to us and we will then take instructions on any offer you make'

 

I have put together a letter to Marstons with a copy of the DVLA log Book and also advising the property is rented fully furnished and again offering to make monthyl payments,

 

however I cannot make the first payment until the end of Jan so should I just send the letter anyway.

 

I have access to a scanner so I can scan the log book and email it when I get home tonight but that wont be until after 9ish.

 

I get the impression that they will not refuse the vhicle without first etsablishing who the legal owner is

(see comment in my original post) but am I just being niave?

[ploddertom]

Whilst it is true that you can indeed make a payment proposal through Marstons they will if it is approved take a cut of any payments made. For arguments sake you offer £100 per month, their cut for this will be 35% - 40% meaning your indebtedness reduces at a minimal rate. It would be better to try & cut Marstons out of the equation and deal direct with your creditor.To approach them direct will fail as they will become responsible for all of the charges that the HCEO has administered.

 

Instead make an application for a Variation Order, this is dealt with by the Court who will set a level that is affordable and as long as you keep paying on time should show the level of debt reduce more quickly. You apply for this on Form N245 available from HMCTS website - the Form is quite straightforward and needs you to fill a comprehensive I&E. The cost of this is £45 although if on certain Benefits or low wage this may be waived - see Form EX160a & 160c for details. The Form is returned to the Court where the CCJ was granted.

 

The most important thing to have to deal with is the HCEO. You may apply for a Stay of Execution against the Writ they have, if granted it will halt all further enforcement action & charges. The grounds you may apply on are:

1 - you cannot afford the fees the HCEO is demanding

2 - pending determination of a Variation Order application

3 - the HCEO is threatening to remove & sell goods belonging to a 3rd Party

This application is made on Form N244 - cost £80 although as above the fee may be waived. This time the Form is a little bit more awkward but can offer help with this if needed. This time the Form needs to be returned to the High Court or a County Court that acts as a District Registry of the High Court. I cannot stress how important this application is.

[Flatcoats]

Thanks PloderTom will get those forms downloaded today - in the interim I have scanned a copy of the V5 so should I still email it to Marstons as OH is adament he is not hiding his car but he works nights so if they came in the day and took it he wouldn't know until he got up and then he'd been unable to get to work?

[ploddertom]

As I say the Stay is the most important application and in my opinion is always best taken in person to Court where you explain the urgency of the application. The majority of times a Judge can be found who will hear the application immediately.

 

In the meantime submit the details of the car and see what they say.

[kaz320]

Hi

 

Bailiffs cannot seize property belonging to others but remember the car's V5 is merely proof of the registered keeper and NOT proof of ownership, but if your partner has proof of purchase of the vehicle that will be fine. Just for information, Marstons is a debt collection company, their paperwork is very misleading and they like to give the impression they are linked to the High Court, they are not they are merely a debt collection company who is employed by the court. Do not let them into your property at any time.

[ims21]

Just for information, marstons is a debt collection company, their paperwork is very misleading and they like to give the impression they are linked to the High Court, they are not they are merely a debt collection company who is employed by the court.

 

That is a little misleading.

 

Marstons are Certificated Bailiffs and HCEO

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?377382-Certificated-Bailiff-Register-Updated&highlight=marstons

[brassnecked]

That is a little misleading.

 

Marstons are Certificated Bailiffs and HCEO

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?377382-Certificated-Bailiff-Register-Updated&highlight=marstons

Yes you have to be very careful as to what capacity the scumbags from marstons are operating as, it may not be immediately apparent.

[dx100uk]

we dont know what the debt is for either.

 

dx

[kaz320]

Hi

 

Sorry just to clarify, yes Marstons are certified bailiffs and they are used by the High Court but they are a separate business entity and that business entity is not owned in any way by the courts. Marstons paperwork gives the impression that it has come from the high court itself and this is not the case. However the same rules apply to Marstons as to other bailiffs.