Marston Distress Letter

[Bailiff Advice]

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?

[romi.550]

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 ??

[Bailiff Advice]

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?

[romi.550]

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 ?

[dx100uk]

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

and were advised to as before?

 

 

dx

[romi.550]

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

[Bailiff Advice]

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.

[romi.550]

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

[Bailiff Advice]

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.

[Coughdrop]

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?

[Bailiff Advice]

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.

[romi.550]

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 ??

[romi.550]

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

[dx100uk]

what other debts are you paying

that prevent a greater payment on this one?

 

 

list them please

[romi.550]

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.

[dx100uk]

ok

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

 

 

dx

[Coughdrop]

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.

[Bailiff Advice]

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?

[Coughdrop]

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.

[romi.550]

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

[romi.550]

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 ???

[Bailiff Advice]

To save me having to read back on earlier posts, when was the last contact that you had with Marston Group?

[Coughdrop]

To save me having to read back on earlier posts, when was the last contact that you had with Marston Group?

 

June 7th by phone.

[Bailiff Advice]

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.

[romi.550]

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 ???