Marstons Warrant of control for unpaid speeding fine - help asap please

[sorrylittlelot]

Hi,

 

I work away and I'm rarely home.

 

I have a company called Marston holdings after me for a speeding offence.

I came hone today to a cars saying they had come to execute a warrant of control.

I wasn't aware of the debt but that's irrelevant now.

 

They have said I have until 4 today to pay in full before bailiffs/locksmiths attend.

I cannot pay this today and have told them that, nor can I get anybody to loan me the cash.

 

I live in rented property and as I work away I don't really have anything for them to take.

I'm not refusing to pay, I just can't pay today and they say its my only option.

 

Anything at all I can do?

 

Thanks

Edited June 18, 2016 by honeybee13
Paras.

[Leakie]

Hi |Sorrylittlelot

 

First of all they can not get a locksmith at this point to break in as they have not been in the property.

Keep doors shut as iuf they can just walk in they will then they can control your goods

 

If you have a vehicle, move it well away as they will clamp it

 

They rely on fear this is why they are making the threats

 

It is a bit quite over the weekends I will try to get one of the more knowledgeable to come here .

 

Leakie

[honeybee13]

Hello there.

 

Did you know about the speeding offence? It sounds as if Marstons could have been instructed by the court if you were convicted of the offence, but please tell us more.

 

HB

[Peterbard]

Hi

 

Being unaware of the debt is extremely relevant. You are supposed to be given time to pay before any enforcment.

Did you receive any paperwork form the court also sis you receive a previous letter from Marstons.

You should have had one, at least seven days ago making you aware of the intended visit.

 

If you were away and only that minute arrived home, you should tell them this, and that you have not been at home, so therefore did not receive the notice of enforcement.

[Leakie]

Thanks DB

I had just pm'd you

 

Leakie

[Peterbard]

Hi |Sorrylittlelot

 

First of all they can not get a locksmith at this point to break in as they have not been in the property.

Keep doors shut as iuf they can just walk in they will then they can control your goods

 

If you have a vehicle, move it well away as they will clamp it

 

They rely on fear this is why they are making the threats

 

It is a bit quite over the weekends I will try to get one of the more knowledgeable to come here .

 

Leakie

 

Leakie this will be a court fine, sectin 18 of schedule 12 permits forced entry on this kind of enforcment, on the first visit. Although i doubt they will in this instance.

[Leakie]

Yes realised that after posting and pm'd you for your superior knowlage

 

Leakie

[sorrylittlelot]

Hi guys that ks for sift replies.

 

In all honesty I was aware of the fine but by time I got around to paying/accepting speed awareness course it was too late

(again I was working away) and then I simply just left it.

 

It is quite possible I have received previous letter (the agent told me she had put one through door before)

but I don't recall seeing one but as I say it is possible they did.

 

No bailff have ever been in my property etc so this would be the first visit,

the agent claims they will have police supervision of I'm not home etc.

If the goods weren't sufficient the court would issue a warrant for my arrest.

 

On a side note with it being a Saturday the court that issued the warrant is closed and as is my bank.

I was due to have my 3 year old daughter over night tonight so obviously don't want her witnessing this.

 

Thanks again everybody

[Peterbard]

sorrylittlelot

 

Did you see any notces at all relating to this, or were they all behind the door when you got home ?

[Peterbard]

Hi guys that ks for sift replies.

 

In all honesty I was aware of the fine but by time I got around to paying/accepting speed awareness course it was too late (again I was working away) and then I simply just left it.

It is quite possible I have received previous letter (the agent told me she had put one through door before) but I don't recall seeing one but as I say it is possible they did.

 

No bailoffis have ever been in my property etc so this would be the first visit, the agent claims they will have police supervision of I'm not home etc. If the goods weren't sufficient the court would issue a warrant for my arrest.

 

On a side note with it being a Saturday the court that issued the warrant is closed and as is my bank.

I was due to have my 3 year old daughter over night tonight so obviously don't want her witnessing this.

 

Thanks again everybody

Sorry crossed post.

 

Have you told the bailiff the situation regarding getting hold of your funds ? Do you have the means to pay in full or will you need to make some kind of arrangement with them ?

[sorrylittlelot]

Hi, I had both that and also a final notice from Marston's dates 31/5 stating that they would remove goods on that date after 7pm for public auction

 

I've asked if there is a way to set up installments and was told that the only option now is payment in full

[Peterbard]

How long would the plan and payment offered take to pay off the debt ?

 

The total amount due should be, that of your judgment plus £310

[sorrylittlelot]

I don't have a judgement that I'm aware of (not checked file for 2 months) the amount is 600+ which I'd pay over 2/3 months (I'm paid monthly)

 

Just checked my file and I have no CCJ etc for this

[Peterbard]

I don't have a judgement that I'm aware of (not checked file for 2 months) the amount is 600+ which I'd pay over 2/3 months (I'm paid monthly)

 

The judgment would have been in the magistrates court and would not show on the ccj database, Marstons should have details of the judgment date and sum adjudged.

Look through yourr leters you should have had notification at the time.

 

Can you pay your first installment ow , perhaps over the phone, the plan seems more than acceptable to me.

If you ring again and tell them that you are willing to pay your first installment now and that the bast will be paid in installments on xx xx xx, get as much as you can to offer when you ring as a first payment. Be persistent but patient, if they still refuse ther are other options and avenues.

 

Come back and tell us what they say.

[sorrylittlelot]

Thanks dodge, those are the only tow letters I can find.

 

I can't make a payment today as the card I would use needs me to put money into that account but my bank closes at 12.45 on a Saturday.

 

Guess I've git an hour to sort something else

[Peterbard]

Thanks dodge, those are the only tow letters I can find.

 

I can't make a payment today as the card I would use needs me to put money into that account but my bank closes at 12.45 on a Saturday.

 

Guess I've git an hour to sort something else

 

OK you still need to contact them tell them all this, then tell them they will have the first payment by xx o'clock Monday as soon as the bank opens. You could also mention that you have no gods to take under control.

 

Tell us about your car is it owned by you or on HP what is its approximate value ?

 

Oh sorry , was one of the notices you have a "further steps" notice.

[sorrylittlelot]

I have said all this to them over the phone and also got it in text from them (figured good to get something in writing)

 

Car is owned outright by me but not worth a great deal, perhaps £500 but I rely on it to travel to work hotel (100 miles away) weey

[Peterbard]

I have said all this to them over the phone and also got it in text from them (figured good to get something in writing)

 

Car is owned outright by me but not worth a great deal, perhaps £500 but I rely on it to travel to work hotel (100 miles away) weey

 

If the calls are unsuccesful you ned to park the car out of the way,as said earlier, just in case.

 

When you say you said all this over the phone, is this since your first call, if so you have to be persistent. You have looked into your finances yo have called all your friends, relatives and you cannot get a loan, but i can do this etc. I know they are not the most pleasant people to do business with, but you need to keep at them with this.

 

Lso just because they said they will call today does not man they will, however i understand the strain that this can cause, and to an extent this is what they rely on.

[sorrylittlelot]

One is a notice of attendance and then today's is the execute warrant of execution - the agent said it will be today or tomorrow - dependent of the availability of the van or what not.

I have text in my proposal as I like to have things in writing but no reply as of yet

[Peterbard]

Yes they always say the thing about the van, just ignore it, it is intended to intimidate, they really should not do it.

 

However the matter does need to be addressed.

[sorrylittlelot]

OK thanks dodge, at the min I'm om as I work away I have nothing of value in my home - not even got a TV

 

Guess I'm waiting on agents reply

[Bailiff Advice]

 

In all honesty I was aware of the fine but by time I got around to paying/accepting speed awareness course it was too late (again I was working away) and then I simply just left it.

 

No bailoffis have ever been in my property etc so this would be the first visit, the agent claims they will have police supervision of I'm not home etc. If the goods weren't sufficient the court would issue a warrant for my arrest.

 

Unconnected with the court fine but nonetheless of importance, is whether or not you responded to correspondence from DVLA asking for the return of your driving licence so that any penalty points could be recorded. If you failed to respond, your driving licence would be suspended (not revoked) and this is very serious indeed. Also, your vehicle insurance would be invalid.

[Bailiff Advice]

I've asked if there is a way to set up installments and was told that the only option now is payment in full

 

I apologise in advance if my answer is somewhat harsh but it may assist to know why it is so difficult to set up a payment arrangement at this very late stage (when a bailiff makes a personal attendance).

 

As you have said, you knew about the offence etc. Given the amount of fine, it would seem that you did not respond to the summons (to enter a plea of guilty or not guilty). The court would have sent you a Notice of Fine/Collection Order outlining the amount of fine ( that had been imposed in your absence). You failed to make payment to the court.

 

A final notice would have been sent (called a Further Steps Notice) warning that payment was in default and that unless payment was made within 10 days that a warrant (or another form of enforcement would be taken against you). You did not respond to that notice either.

 

The warrant would then have been passed to Marston Group and you should have received a Notice of Enforcement. Bailiff fees of £75 would have been added when this letter was sent.

 

The Notice of Enforcement is a vitally important document as it provides you with the opportunity to settle the debt by way of a payment arrangement (usually over a period of three months). Almost always, the first months installment would need to be made on the same day as setting up the arrangement. No additional bailiff fees are applied to the account.

 

If no contact is made, then it is the courts opinion that the debtor has no intention of paying his court fine. Accordingly, there is the provision to force entry for the purpose of taking goods to secure the debt and fees.

 

Will the enforcement agent force entry?

 

Unlikely. Somewhere on the forum I posted a copy of the Forced Entry Protocol. Of importance, is that the enforcement agent needs to make sure that the debtor is inside of the property andrefusing to engage with the enforcement agent.

[sorrylittlelot]

Thanks Bailiff advice.

 

I'm using my phone so searching is a bit time consuming on it but I shall keep looking.

 

I don't recall any other court papers but it is from 2015

 

Regarding DVLA I never had contact from them and my license is fine as it gets checked every 3 months for work purposes.

 

Still no reply from the agent.

 

Where do I go from here please?

 

Still nothing back from agent

 

Can I assume I'm safe for the night now?

 

Thanks for everybody's help so far

[Bailiff Advice]

Thanks Bailiff advice.

 

I'm using my phone so searching is a bit time consuming on it but I shall keep looking.

 

I don't recall any other court papers but it is from 2015

 

Regarding DVLA I never had contact from them and my license is fine as it gets checked every 3 months for work purposes.

 

Thanks for everybody's help so far

 

As this fine was for speeding, then it is always the case that penalty points would have been affected. I have never known of case where this does not happen.