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Marston & EON CCJ - bank error caused missed payment - debt now +£600 more in fees


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Good afternoon,

 

 

a few months ago i received a letter from a company called Marston Group enforcing a High Court Writ on behalf of Eon Energy.

The total is 1144.00.

 

Since August this year i have paid 150 pounds per month to clear the balance which we both agreed

 

 

this month the direct debit did not go through (still need to speak too my bank however sick of sitting on hold today).

There was sufficient cash in my bank as far as i'm aware and still is now.

 

Today i called Marston as i received a letter from a Mr Hates (their door step agent) stating they had enforced a stage 2 fee 594 pounds!!!!

 

 

I tried too explain that there seems to be an issue with my bank and im actually calling to pay the 150.

Too which they said oh great however you will still owe 1000 odd pounds.

 

 

I asked politely if they could reverse the charge as im only a week late and its not like im saying i can't pay.

Surprise surprise they said no.

 

 

After discussing with the guy for a couple more minutes trying too explain my situation the fact that im finally getting my head above water

he turned around and said we don't care how do you think we make a profit?

I then asked too speak too a manager who couldnt help.

 

I am going too call again shortly as i was too wound up by the end of the call i just hung up.

IF i pay the 150 shortly i should have paid this month and next week too clear the balance

i feel i owe i.e. minus the 594 charges for stage 2 too the court instead of Marston

and get a reciept from the court showing that the balance is in fact paid (i'm not even sure this is possible).

 

 

Could Marston still enforce this stage 2??

 

 

i am due a sizeable bonus at LAST next week

however i do not feel i should part with 594 pounds.

 

 

I just feel this is comepletely unfair and they are preying on the vulnerable.

 

They tried to say they called and sent me a text yesterday i have not recd a missed call nor an sms

as i would have reacted like i did when i saw the letter today.

 

 

There was no mention of them adding stage 2 apart from according to them when they first sent me the original letter. (Need to dig it out).

 

 

Should they have sent another letter before sending the guy today and enforicing this stage 2 fee?

 

 

Sorry for such a long original post but

 

 

as you can imagine im livid.

 

 

Any help/ advice welcome. Thanks!

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notice of enforcement letter £75 giving 7 days then

enforcement visit £235.

 

 

is that what you had?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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notice of enforcement letter £75 giving 7 days then

enforcement visit £235.

 

 

is that what you had?

 

 

dx

Wrong fee scales dx. This isn't LA work.

Compliance on this would be £90.

1st stage fee would be £190+vat+7.5% of the debt.

The second fee is also correct.

No warning letter for a default is necessary. The EA will just turn up.

The EA is quite right in that the enforcement 2 fee is the profit maker.

Enforcing for the stage two fee? I can guarantee you they can and they will. And a third fee(called sale stage) may be added which could well be over £700 if they start to remove goods.

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I believe originally i did yes

 

 

however im now back at work and cannot confirm 100%.

 

 

The last letter i had was a letter from this Mr Hates stating a compliance fee of 90 pounds and a stage 1 fee of 228 pounds

giving the total as per what i mentioned above 1144.

 

 

I then called and arranged this payment plan 1st of each month 150 pounds via direct debit.

 

 

So far if i make the payment shortly for 150 i will have paid a total of 750 pounds back Today

 

 

the letter just states he visited again and added stage 2 fee

 

 

which when i called them was advised is 594 pounds

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Wrong fee scales dx. This isn't LA work.

Compliance on this would be £90.

1st stage fee would be £190+vat+7.5% of the debt.

The second fee is also correct.

No warning letter for a default is necessary. The EA will just turn up.

The EA is quite right in that the enforcement 2 fee is the profit maker.

Enforcing for the stage two fee? I can guarantee you they can and they will. And a third fee(called sale stage) may be added which could well be over £700 if they start to remove goods.

thanks silly me

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks for the responses so far. Grumpytosaytheleast. I definately do not have a letter from them they also confirmed to me on the phone they did not need to send a default letter. That they tried to call yesterday (i had no missed calls) and sent a text message (again nothing recd).

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I believe originally i did yes

 

 

however im now back at work and cannot confirm 100%.

 

 

The last letter i had was a letter from this Mr Hates stating a compliance fee of 90 pounds and a stage 1 fee of 228 pounds

giving the total as per what i mentioned above 1144.

 

 

I then called and arranged this payment plan 1st of each month 150 pounds via direct debit.

 

 

So far if i make the payment shortly for 150 i will have paid a total of 750 pounds back Today

 

 

the letter just states he visited again and added stage 2 fee

 

 

which when i called them was advised is 594 pounds

 

 

so looks about right from GTSTL post

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Did he actually say those words -

we don't care how do you think we make a profit?

 

Was he wearing a camera?

 

Please would you mind emailing me your contact details and their Marston ref number to me on our admin email address.

It won't help you about the payment - but I can draw it to the attention of their cust.service dept and they will take it seriously.

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hey yes im sure he said those words at this stage we were having a heat discussion

and to be honest he became quite heated as well when i asked for a manager.

 

 

I have already made a complaint anyway not sure how far that will get me.

So in short there is nothing i can do on this?

IM not sure if he was wearing a camera as i was not home when he called unfortunately.

 

 

Do you think i should ask them too prove he was actually at the address in order to enforce stage 2 fee? or is the stage 2 automatically enforced when i defaulted?

 

 

Calling my bank once i leave work in order to see what went wrong

as if they are at fault is there any chance i could get them to reimburse me for the 594 pound stage 2 fee if sufficient funds were in my account at the time?

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I think that you need to tell us how they got to £594.

 

Also, if the bank failed to follow your instruction without any good reason then you have a good basis for a reclaim

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no he hasn't.

 

 

Could they really take my car for a debt this small?

it comes too work with me during the week

so only chance they would have for the car is at weekends

 

However my issue here is not paying the debt

come next Thursday i will be in a position to pay the whole amount

however my issue is the legitimacy of this stage 2 fee.

 

 

Can they legally enforce it?

Seems Grumpytosaytheleast has already answered this

 

 

was just curious if anyone had similar circumstance or a way of getting out of this 594 pound fee. Even if i pay it and claim it back later from the bank its not really the point. They just seem so unreasonable regarding this matter. Ok i should have checked my online banking earlier too spot the issue

 

however as soon as i did i called

 

 

would have thought they could reverse the fee

 

 

i have paid on time every other month once this arrangement was made

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I wouldn't advise making the payment and then reclaiming it. Have just seen a case get vastly costlier doing this.

I have also just seen a debtors door get forced on a magi warrant because he did a chargeback on a magi fine.

 

He doesn't need to have taken control of goods to get to stage two. The visit alone will mean stage 2 kicks in. Sale stage is the only fee that needs goods to have been taken into control prior to being added.

 

They wont reverse the fee as, it would appear to me, to have been added correctly.

 

Yes. They can take your car for a debt this small if no other assets are available.

 

You can make a complaint about the how we make profit comment, it wont change your figures, but the EA may be spoken to internally. He hasn't technically done anything wrong.

 

We get people trying all manner of things to get out of fees, and most, if not all, fail, and in some cases can significantly increase the debt due.

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I wouldn't advise making the payment and then reclaiming it. Have just seen a case get vastly costlier doing this.

I have also just seen a debtors door get forced on a magi warrant because he did a chargeback on a magi fine.

 

He doesn't need to have taken control of goods to get to stage two. The visit alone will mean stage 2 kicks in. Sale stage is the only fee that needs goods to have been taken into control prior to being added.

 

They wont reverse the fee as, it would appear to me, to have been added correctly.

 

Yes. They can take your car for a debt this small if no other assets are available.

 

You can make a complaint about the how we make profit comment, it wont change your figures, but the EA may be spoken to internally. He hasn't technically done anything wrong.

 

We get people trying all manner of things to get out of fees, and most, if not all, fail, and in some cases can significantly increase the debt due.

 

Like it or not Grumpy is correct in what he says.

Please consider making a small donation to help keep this site running

 

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You need to get evidence from your bank as to what happened with that instalment. They will be able to tell you whether the Debit was requested (DD payments have to be requested by the payee's account, while Standing Orders are sent FROM the payer automatically). If they can provide evidence that it was NOT requested, it is Marston's fault, and you would have a justifiable claim against them for the additional charges. If it WAS requested, and your bank refused payment, you need to find out why that was. If you had sufficient funds in your account, your bank is at fault and you will have a claim against them for the losses you have incurred. If you did NOT have sufficient funds, it's down to you ... and experience!

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