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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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I know it's probably very confusing but it's the same fine I had in 2013

 

So this is the third time that the account has been with Marston Group (having previously been returned back to the courts by them, once in 2013 and the second time in 2015? Am I correct in this?

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So this is the third time that the account has been with Marston Group (having previously been returned back to the courts by them, once in 2013 and the second time in 2015? Am I correct in this?

 

Yeh that's absolutely correct !! My deadline is tomorrow so pease help me what can I do ??

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Yeh that's absolutely correct !! My deadline is tomorrow so pease help me what can I do ??

 

Way back in 2013 I advised at least 5 times that you should have approached the court for a Statutory Declaration on the basis that you had not received the summons as it had been sent to your previous address. Accordingly, you would not have been able to enter a plea and if it were the case that you wished to plead guilty, you would not able to benefit from the one third reduction in the fine.

 

Twice before, Marston Group have returned the warrant back to the court. Are your personal circumstances at this present time the same as they were in 2013 and 2015?

 

Are you working?

 

Are you in receipt of benefits?

 

Do you live on your own?

 

Do you have a car outside of your property?

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Way back in 2013 I advised at least 5 times that you should have approached the court for a Statutory Declaration on the basis that you had not received the summons as it had been sent to your previous address. Accordingly, you would not have been able to enter a plea and if it were the case that you wished to plead guilty, you would not able to benefit from the one third reduction in the fine.

 

Twice before, Marston Group have returned the warrant back to the court. Are your personal circumstances at this present time the same as they were in 2013 and 2015?

 

Are you working?

 

Are you in receipt of benefits?

 

Do you live on your own?

 

Do you have a car outside of your property?

 

No I haven't contacted course in this matter,

last time I rang court was to let them know about my financial position and they said wait till marston contact me again..

. I'm working as a contractor and no savings at all,

 

 

all the money goes into debt and living expanses like food for my daughter rent etc !!

I don't own car and nothing on my name,

 

 

tomorrow is a deadline so please I need to know everything tonight koz probably from tomorrow

I have no choice but to give them any money I have which will be about £30 !!

 

 

Can I ring court and tell them I don't received any correspondence

and please reconsider my plea and setup a payment plan for me ?

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can we confirm you have STOPPED paying Lowell and cap1 on the non priority debts you had

and were advised to as before?

 

 

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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can we confirm you have STOPPED paying Lowell and cap1 on the non priority debts you had

and were advised to as before?

 

 

dx

 

Yes indeed I have stopped paying them !! But I have a deadline date for this fine by today

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If the letter that you have received is called a Notice of Enforcement, then you will be in a position to enter into a payment arrangement. If so, you need to be aware that in most cases (and once again, this can change according to individual circumstances) Marston Group will require an initial payment of approx 25% to 30% of the amount requested with the balance over the next 3-4 months.

 

Naturally the company will have details of the account being with them twice before, and I would assume that the file notes from 2013 and 2015 will record that personal visits had previously been made, and that these record that you do not have sufficient goods that can be taken into control to satisfy this debt.

 

Please do post back once you have spoken with Marston Group.

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If the letter that you have received is called a Notice of Enforcement, then you will be in a position to enter into a payment arrangement. If so, you need to be aware that in most cases (and once again, this can change according to individual circumstances) Marston Group will require an initial payment of approx 25% to 30% of the amount requested with the balance over the next 3-4 months.

 

Naturally the company will have details of the account being with them twice before, and I would assume that the file notes from 2013 and 2015 will record that personal visits had previously been made, and that these record that you do not have sufficient goods that can be taken into control to satisfy this debt.

 

Please do post back once you have spoken with Marston Group.

 

Hi

Just spoke to them

the woman on the contact centre was very rude,

she said I had to pay £192 by tomorrow and then 89/Week to clear the debts

 

I have also spoken to court and explained it's not possible

I'm financially not stable to make them payments at all

but they refused and said I have to deal with Marston

 

Marston said if I don't pay then I will incur further charges of about £225.

 

Im seriously feeling sick with all that,

I really can not afford to make those payments at all,

I can pay £20/Week but not £192 upfront and then £89/week.

 

please please help me and guide me through please

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The amount that Marston Group would be willing to accept from you under a payment arrangement is clearly too much. Accordingly, the account will be sent to an individual enforcement agent.

 

You have been in this same position with this fine in 2013 and again in 2015. On both occasions, the enforcement agent was unable to secure payment and returned the warrant back to the court. Given that your present circumstances do not not appear to be any better than they were last year (or even in 2013) then it is likely to be the case that the account will once again be returned.

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The amount that Marston Group would be willing to accept from you under a payment arrangement is clearly too much. Accordingly, the account will be sent to an individual enforcement agent.

 

This is a problem being faced repeatedly by debtors. It seems the aim to collect the debt within such a short time is clearly unrealistic.

 

You have been in this same position with this fine in 2013 and again in 2015. On both occasions, the enforcement agent was unable to secure payment and returned the warrant back to the court. Given that your present circumstances do not not appear to be any better than they were last year (or even in 2013) then it is likely to be the case that the account will once again be returned.

 

Does this then mean the court will carry out a means test / enquiry, and then look to set up a repayment arrangement which is affordable, or collect the money via an Attachment of Earnings or Benefits?

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Reading back on your earlier posts it would seem that Marston Group attempted to enforce a warrant against you last year and failed.

 

They returned the debt back to the court and payment arrangements were set up. Bailiff fees would have been removed.

 

It would seem that you have again defaulted on paying the court and once again, a warrant has been sent to Marston Group.

 

When the account was sent back by Marston Group last year, did you contact the court to ask whether you could have your financial means reviewed?

 

What payment arrangement did the court agree with you?

 

How many payments have you missed?

 

Romi,

 

In 2015 when I had been advising you on the forum about this fine, I had not been aware that it was the same fine that Marston Group had been enforcing in 2012 (although your first post was 2013.

 

I would strongly suggest that you read back on all the posts made since 2013. You will hopefully see that I dedicated a lot of time to you over a period of a week or so trying to get you to apply to the court for a Statutory Declaration. At that time (2013) you had indicated that you could afford to pay £100 per month. You then stopped posting.

 

In 2015, you posted once again to seek help as the court had re-issued the warrant and it had been passed once again to Marston Group. It would seem that after Marston Group had returned the warrant in 2013 that you did not make any payments at all to the court (even though you had indicated in 2013 that you could pay £100 per month).

 

It would seem that last year, Marston Group once again returned your case back to the court and at some stage, you spoke to the court to advise them that the fine was not affordable. By this time, bailiff fees had been removed. They asked you to submit an Income & Expenditure and form the information provided by you, the court ordered that you pay £50 per month. You only made two payments. Accordingly, the fine once again defaulted and in 2016, the warrant is once again, back with Marston Group a third time.

 

As can be seen above, over a period of 3-4 years, it would seem that you made just two payments against this fine. I am trying not to come across as being harsh, but it is impossible.

 

The matter of 'affordability' of court fines is a subject that I am fiercely passionate about and it is for this reason that I am currently working very hard 'behind the scenes' regarding fines for TV licence and rail fare evasions (both of which commonly affect low income and single parent families).

 

With court fines, it needs to be made clear that if a debtor is on a very low income or is in receipt of state benefits, the regulations actually that if an attachment against benefits is made that the minimum amount of deduction is set at £5 PER WEEK. Magistrate Courts are unable therefore to permit repayments at a rate lower than this.

 

It is also important to remember that court fines are a priority debt.

 

I would hope that Marston Group return this warrant back to the court for a third time. If they do, then you must post back here.

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The amount that Marston Group would be willing to accept from you under a payment arrangement is clearly too much. Accordingly, the account will be sent to an individual enforcement agent.

 

You have been in this same position with this fine in 2013 and again in 2015. On both occasions, the enforcement agent was unable to secure payment and returned the warrant back to the court. Given that your present circumstances do not not appear to be any better than they were last year (or even in 2013) then it is likely to be the case that the account will once again be returned.

 

 

 

 

Hi Thank you so much for all your help it means a lot, so you think I should ignore this Marston letter and wait for the correspondence by court itself instead ??

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Romi,

 

In 2015 when I had been advising you on the forum about this fine, I had not been aware that it was the same fine that Marston Group had been enforcing in 2012 (although your first post was 2013.

 

I would strongly suggest that you read back on all the posts made since 2013. You will hopefully see that I dedicated a lot of time to you over a period of a week or so trying to get you to apply to the court for a Statutory Declaration. At that time (2013) you had indicated that you could afford to pay

 

Thank you so much for your reply,

I admit my mistake I was on so much financial mess that I forgot about my priorities

but I'm gradually paying all my debts of and they are all on monthly payment plans,

 

rigth now my scenario is I can only pay upto 20/pcm to the court

Marston refused,

 

as you had advised before,

I'm gonna wait till it go back to court and pay straight to court instead,

what are the chances that it will go back to the court anyway ??

 

 

Thanks

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what other debts are you paying

that prevent a greater payment on this one?

 

 

list them please

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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what other debts are you paying

that prevent a greater payment on this one?

 

 

list them please

 

 

 

 

Hi I'm payingto HCE and another CCJ and only working part time so really hard to make larger payments rite now but in future it can be change.

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ok

are you getting all the benefits you might be entitled too?

 

 

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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Share on other sites

Hi I'm payingto HCE and another CCJ and only working part time so really hard to make larger payments rite now but in future it can be change.

 

I know you did state who HCE are, but I don't remember, but the CCJ is also deinitely a priority debt. It's good you are paying this as it shows you're gradually getting your head round what has clearly been a very hard period for you.

 

If the debt is returned again, and it's very hard to see what else would happen to be honest, then it is crucial that when you are means tested again, you declare these other two debts.

 

I think what dx is trying to find out is whether there are any other debts at all still unpaid, or being paid off, or lurking there, unpaid and waiting for something to happen - possibly letters coming from DCA's asking for payment towards other debts.

 

Is there anything else at all you are either making payments to, or which are 'just there' at the moment?

 

We ask only to try to help, not to pry. It would help you to have a ferret through all your letters and check to see if there are other things, as you'd need to state these on any income and and expenditure, even if they are not priority debts. You want to be in the best position possible to declare everything you can, and give the court as accurate a picture as possible of your financial situation. You have a little time to do that at the moment while you wait for the warrant to be returned again.

 

Bailiff Advice is best placed here to tell you whether that is likely to happen, but personally, I can't see they will have much choice.

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Hi I'm payingto HCE and another CCJ and only working part time so really hard to make larger payments rite now but in future it can be change.

 

With regards to the HCE debt; is this High Court Enforcement? If so, would you mind me asking how much the repayments are?

 

Would you be able to negotiate a lower repayment towards the other CCJ?

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With regards to the HCE debt; is this High Court Enforcement? If so, would you mind me asking how much the repayments are?

 

Would you be able to negotiate a lower repayment towards the other CCJ?

 

HCE is High Court Enforcement (see post 41).

 

Can you just negotiate a lower repayment to a CCJ? I thought you had to pay a £50 court fee and complete a N245 with an offer - if this offer is rejected, the court then decides how much has to be paid. Maybe I'm wrong.

 

Good that BA repeated the fact the minimum deduction is £5 from benefits. I'm a bit concerned you seem to keep changing the amount you can afford to pay each month. It is worth completing an income and expenditure form with all your debts on so you are clear where you are financially. I know what it's like to lose track of things, and this could be an invaluable way to give yourself a clear picture.

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With regards to the HCE debt; is this High Court Enforcement? If so, would you mind me asking how much the repayments are?

 

Would you be able to negotiate a lower repayment towards the other CCJ?

 

 

Hi Guys just for your information I have ignored the letter by Marston and now It's a waiting game and I hope so that it will go back to the court and I will setup a payment plan with them and I make sure to not to mess it up this time.

I really appreciate all your help and advice and I will keep updating you !

 

 

Regards

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  • 2 weeks later...

Hello

 

Well I have not heard back from Marston

 

when would you think I will heard from them ??

 

or do you think it will go to the court now ???

 

and if it will go back to the court

 

how long will them to take to send me a letter ???

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Hello

 

Well I have not heard back from Marston

 

when would you think I will heard from them ??

 

or do you think it will go to the court now ???

 

and if it will go back to the court

 

how long will them to take to send me a letter ???

 

When accounts are returned back to the court, you will not receive a letter from the enforcement company advising you of the return. I would therefore suggest that you call the court at the end of this week to make enquiries.

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Hi Guys just to let you know about an update,

 

bailiff started knocking at door 8 in the morning and my Mrs who knew nothing about it opened the door and

 

the guy put his foot on the door and started harassing her,

we had an argument he threatened to call the police,

 

Mrs is very naive

she paid off the debt which was meant to be for £391 originality with the court

and paid him £871,

 

I'm shocked and very upset she didn't wanted to create a drama

, I know it's too late

 

but is there anyway I can get my bailif fee and admin fee back and only pay court fine ???

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