Marston Group - Distress Warrant - PLEASE HELP!

[daznkel]

Hi,

 

Please help! Yesterday afternoon, I had a visit from a Mr. xxxxx from Marston Group.

 

I was not in at the time and he put a letter through my door containing a final notice and a distress warrant issued by *** Magistrates Court.

 

I had never heard of them and was unaware of any debt, so I googled them and found your website. Hence this message.

 

I have since found out by ringing the court that it in relation to an offence for which I was ordered to pay £85 costs and had to now deal with Marstons directly.

 

This morning, I attempted to phone Mr. xxxxx on the mobile number he left.

 

Nobody answered, so I left a message.

 

 

I had not had a reply by 3pm today, so telephoned again. Yet again no answer, so left a message again.

 

I then called Marstons enquiry line and was told that I had to speak to the baliff,

who they confirmed was Mr. xxxxx.

 

Half an hour later I had a call from Mr. xxxxx, who apologised as he had been "in court" all day.

 

When on the phone he told me he needed the payment in full by 17:30 tomorrow (15/02/13) or he would be removing goods.

 

I requested, as I am on benefits that he set up a payment plan whereby I could clear the now £385 over 8 weeks with the first payment tomorrow (15/02/12).

 

He point blank refused and said payment was due in full by 17:30 and could any family members/friends help, which they cannot.

 

The call was then ended.

 

I really really need some help/advice before any return by Mr. xxxxx I cannot pay in full! Help!

 

Thanks in advance.

Edited February 14, 2013 by ploddertom
Removed names

[Feebee_71]

Did you actually know about the fine when it was imposed?

If so, did you set up a payment plan that you failed to keep up?

Have you received any paperwork from the court - specifically a 'Further Steps Notice' - regarding your failure to pay the fine?

Have you moved house between the fine being imposed and now?

 

The answers to the above questions will be important for those able to help with advice about your situation. If you are able to provide the answers you will get relevant assistance and hopefully soon,

 

Feebee_71

[dx100uk]

prob better to go back to the court and get it done under a redetermination order i think.

 

others will confirm

 

dx

[daznkel]

Thanks for the replies thus far.

 

Also I have had no previous letters from Marston themselves and the letter issued yesterday had "Final Notice" written accross the middle. How can it be a final notice, when they have issued no initial notice?

 

Thanks,

Daznkel

Edited February 14, 2013 by daznkel

[daznkel]

Thanks for the reply,

 

Firstly, I did originally know about the fine, as I was in court when it was issued and I had a letter from solicitor after the court hearing outlining what happened.

Secondly, I believe I did get a further steps notice from the court and at the time contacted them and agreed a minimal fee of £5 a week, however I never kept up the payments.

Finally I have never moved since the hearing in June last year.

[daznkel]

Hi dx, Thanks for the reply,

 

What is a redermination order and how do I apply for it?

 

Also I have had no previous letters from Marston themselves and the letter issued yesterday had "Final Notice" written accross the middle. How can it be a final notice, when they have issued no initial notice?

[ploddertom]

Is it possible you can scan & upload the paperwork you have been left, best done as a PDF file? Remember to remove any identifiers.

 

I have edited your original post to remove the Bailiffs name but note that a search via the Bailiff Register brings up 4 people with the same surname but none of them are registered to Marstons.

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites ...

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[daznkel]

Hi ploddertom,

 

Thanks for the reply!

 

Here are the links to the pdf files;

 

[ATTACH=CONFIG]41645[/ATTACH]

 

[ATTACH=CONFIG]41646[/ATTACH]

 

Thanks,

Daznkel

[ploddertom]

Thanks for those. What I will say is that I have seen the "purported" Warrant they are using on several occasions now. I am not convinced this is a lawful document and know of some who are trying to get this info from HMCTS who as usual are being very evasive - which tends to suggest it is iffy.

[citizenB]

Surely there is something not quite right with the Distress letter.

 

Are they saying they can take basically everything other than bedding and clothes and tools of the man's trade ?

 

that cover letter looks fairly vicious as well.

[daznkel]

Ploddertom,

 

Ok, so the document maybe "iffy", but where does that leave me in respect of the bayliff tomorrow?

 

What is my best course of action? I am assuming I do not let him in or even answer the door, but what then?

 

The ideal situation would be one whereby, I can make a payment tomorrow then a further 3 payments every fortnight until settled. But how can I force a bailiff that wants to be paid immediately to agree to an installment plan?

 

I read somewhere that under the terms of the contract between HMCS and Marston, HMCS say that Marston have to allow upto 6 months for a client to make full payment. Is this true?

Edited February 14, 2013 by daznkel

[daznkel]

citizenB,

 

I agree, but what are my options, do I challenge the validity of the documents?

 

TBH I could write a more formal looking distress letter than that, given half an hour!

[citizenB]

I think it might be better to wait on ploddertom to respond. This is way outside of my knowledge.

[ploddertom]

As this is a Magistrates Court Fine it does carry the risk of forced entry. Whilst it is aimed at the more persistent offender who may have a list of unpaid fines as long as your arm the Bailiff uses it as a threat against you. Lately there have been reports of Marston Bailiffs forcing entry with and without authorisation to do so. I understand at present Marstons CEO is personally investigating several complaints.

 

For now I would suggest you do not open the door and if you do have to speak to him ask him which Court granted his Certificate. You should also try and record any conversation or better still film him, that way he may then settle down & behave. He cannot get blood out of a stone.

[ploddertom]

 

The ideal situation would be one whereby, I can make a payment tomorrow then a further 3 payments every fortnight until settled. But how can I force a bailiff that wants to be paid immediately to agree to an installment plan?

 

I read somewhere that under the terms of the contract between HMCS and Marston, HMCS say that Marston have to allow upto 6 months for a client to make full payment. Is this true?

 

That is something he appears to have forgotten about, have you tried contacting the HMCTS Enforcement Manager for your Court. You can complain the Bailiff is being obstructive when you are more than willing to pay. For Court Fines the Bailiff must pay the Court first, he only gets paid afterwards, it must be borne in mind they may be under pressure to meet targets, the end of the financial year is looming. Possibly the most damning indictment of Marstons is the buy out of the company recently by what I believe may have been venture capitalists who are only interested in their return.

[daznkel]

citizenB, Thanks for your help!

 

ploddertom, I will bear that in mind ad attempt to contact the HMCTS Enforcement officer tommorrow morning. Thank you.

 

I am just reading some info on bailiffadviceonline and it states the following;

 

I’m receiving benefits and can’t afford to pay my fine.

If you are receiving benefits, in particular, Income Support you can apply for nominal repayments to be deducted from your benefits. Previously deductions could be made at a rate of £2.80 per week, but the Department of Work & Pensions considered that this amount should be increased .The new rate of deduction is now £5.00 per week.

 

As deductions can also be made in respect of Council Tax, CSA arrears and gas/electricity arrears, the DWP have agreed that where there is insufficient benefit to deduct the £5.00 or, where there are already two deductions in place, the old standard rate of £2.80 per week should apply. When you first attended Court, and a fine was imposed, the court should have been made aware of your financial situation and arranged deductions on your behalf.

 

However, if your financial circumstances have changed since that time and you are now receiving the above benefits, you must contact the Fines Department immediately to inform them of your new circumstances so that arrangements can be made for the deductions to be made. This will ensure that bailiff action will cease. Under the Third Party Deduction Scheme there is an overall cap of £8.40 per week that can be deducted from your benefits.

 

Ok, I am not on Income support, but on Employment support allowance. Either way I have a minimal income, which is determined by the DWP to be the minimum that myself and family can survive upon on a fortnightly basis.

 

Thanks a load,

daznkel.

[sgtbush]

Ploddertom,

 

Ok, so the document maybe "iffy", but where does that leave me in respect of the bayliff tomorrow?

 

What is my best course of action? I am assuming I do not let him in or even answer the door, but what then?

 

The ideal situation would be one whereby, I can make a payment tomorrow then a further 3 payments every fortnight until settled. But how can I force a bailiff that wants to be paid immediately to agree to an installment plan?

 

I read somewhere that under the terms of the contract between HMCS and Marston, HMCS say that Marston have to allow upto 6 months for a client to make full payment. Is this true?yes this is true but it depends on what date the warrant was issued against you, it may be 4 months old already

 

on the topic of the warrant, the one pictured may be all the infomation listed on the warrant, im not sure if a court warrant would have marstons logo on it, but it does state they have the original one so it may be just a nasty way of giving you the infomation

[sgtbush]

citizenB, Thanks for your help!

 

ploddertom, I will bear that in mind ad attempt to contact the HMCTS Enforcement officer tommorrow morning. Thank you.

 

I am just reading some info on bailiffadviceonline and it states the following;

 

I’m receiving benefits and can’t afford to pay my fine.

If you are receiving benefits, in particular, Income Support you can apply for nominal repayments to be deducted from your benefits. Previously deductions could be made at a rate of £2.80 per week, but the Department of Work & Pensions considered that this amount should be increased .The new rate of deduction is now £5.00 per week.

 

As deductions can also be made in respect of Council Tax, CSA arrears and gas/electricity arrears, the DWP have agreed that where there is insufficient benefit to deduct the £5.00 or, where there are already two deductions in place, the old standard rate of £2.80 per week should apply. When you first attended Court, and a fine was imposed, the court should have been made aware of your financial situation and arranged deductions on your behalf.

 

However, if your financial circumstances have changed since that time and you are now receiving the above benefits, you must contact the Fines Department immediately to inform them of your new circumstances so that arrangements can be made for the deductions to be made. This will ensure that bailiff action will cease. Under the Third Party Deduction Scheme there is an overall cap of £8.40 per week that can be deducted from your benefits.

 

Ok, I am not on Income support, but on Employment support allowance. Either way I have a minimal income, which is determined by the DWP to be the minimum that myself and family can survive upon on a fortnightly basis.

 

Thanks a load,

daznkel.

 

 

the courts wont be aware that your on benefits, you must inform them, a magistrates court fine is not means tested as such, but personal circumstances are.

you need to inform the courts of this

[daznkel]

Thanks sgtbush,

 

I am assuming from the date in the top left of the distress warrant it was issued on 04/02/2013.

[ploddertom]

The only reason they produce that is because it lists all their fees on it, it does not bear the Court Stamp, date of issue or signature.

[ploddertom]

You need to ask the Bailiff to see the original, they only have a shelf life of 180 days.

[daznkel]

Ok, My To Do list for tomorrow AM is getting increasingly longer by the minute.

 

Thank you to all that have helped thus far! It is greatly appreciated!

[sgtbush]

Thanks sgtbush,

 

I am assuming from the date in the top left of the distress warrant it was issued on 04/02/2013.

 

 

yes i would presume so as seen as the other letter is dated the 13th

true the warrant only has a shelf life of 180 days but then the courts have 2 choices if returned un-enforced, either re-issue the warrant of distress, this would be in cases of people paying some of the fine and need more time to pay, so the courts re-issue the warrant of distress or issue a warrant of commital

[daznkel]

Update....

 

I have taken in all the advice thus far and decided to leave a letter on the front door, as follows;

 

[ATTACH=CONFIG]41649[/ATTACH]

 

Batten down the hatches and hold out for the day, whilst writing to HMCTS Enforcement Manager, Devon & Cornwall and HMCTS Court Manager, Bodmin Magistrates Court by recorded delivery, if I get out!

 

PS. The car is parked well away!