Marstons...again!!!

LolStevo

Hey there! Iv posted about this before but things have now changed!!!

Well, i got a fine for a driving offence for £250, as i couldnt pay it with 28 days (im a student) it went to marstons bailiffs, i had a letter n then letters saying a bailiff would be coming. The amount by this time had gone up2 £475.

The bailiff came out and i explained i wasnt working and i was a student and looking for work, i told him i could pay £200 from my student loan and then try and pay the rest as soon as possible. He left my house happy with that situation.

he picked up the £200 a week later and later that day he rang me demanding more money! i said i had only paid £200 that day but then he was saying he wanted a date it was going to be paid, at this time i still didnt have a job so couldnt give a date.

Iv now got a job and will get paid on the 14th december and then some more student loan on 5th january, the bailiff now phones me at least 2 or 3 times a day demanding money.

Iv told him when i get paid but he said he wants the remaining £275 before the end of this month which is not physically possible! Im livin off no money and got A LOT more debt to deal with!!!

I just dont know what to do now!!!

Herbie21

The reason why the bailiff is being so pushy is simple.

With just a bit of pushing from the bailiff you were able to produce nearly half of what he was looking for. He will know that you cant afford to pay....but he will stlll keep putting pressure on so that you are forced to get somebody else to pay this debt for you.....normally parents etc.

If a bailiff realises that he can get nearly 50% when he has only written a letter or paid just one visit, he will think that you can raise the rest very simply.

You need to ensure that you do not have a car outside because this bailiff will almost certainly clamp your car as he has what is called a clamping order.

You need to write to the company to advise that you are unable to pay the balance just yet. This company are allowed to accept repayment proposals from the courts for 90 days.

If the bailiff persists, then you can advise him that you will be reporting him to the complaints manager within HMCS. We have details of them if needed.

Did you receive a letter from this company and was it sent first class and were you given 7 days to pay?

LolStevo

I probably did a long time ago as i kept phoning them asking if i could set up repayments but they wouldnt allow this and advised to just wait for the bailiff to come out!!!

I think the car is in my mums name so is it possible still for him to clamp it?
Do i write the letter to Marstons? Thanks xx

Jesthar

LolStevo wrote: »

I probably did a long time ago as i kept phoning them asking if i could set up repayments but they wouldnt allow this and advised to just wait for the bailiff to come out!!!

I think the car is in my mums name so is it possible still for him to clamp it?
Do i write the letter to Marstons? Thanks xx

Be aware this isn't my specialist subject, but you need to check who the car is registered with. If it is not registered in your name, I think I am right in saying they can't touch it (someone correct me if i am wrong, please! )

The other question I would ask is who were you trying to set up repayments with? The bailiffs or someone else? Again, not my specialst subject (keep learning things from the wonderful Herbie!), but I think once baliffs get involved with visits and the like they can start adding charges to your debt, so that 'advice' may have cost you! Again, someone please correct me if I'm wrong!

~Jes

LolStevo

Thanks Jes! I shall phone DVLA to check because i cant find the log book for the car!!!

I tried to make repayments with Marstons who advised me to wait for bailiff, i did argue with them that costs would go up but they said this was the only option! The amount has already nearly doubled!!!

RobertoMoir

LolStevo wrote: »

Thanks Jes! I shall phone DVLA to check because i cant find the log book for the car!!!

I tried to make repayments with Marstons who advised me to wait for bailiff, i did argue with them that costs would go up but they said this was the only option! The amount has already nearly doubled!!!

This is why they want you to wait for the bailiff, they will charge you for the bailiff visits and they will want to obtain some kind of security for the debt to make an arrangement to pay over a period of time, if you can't pay it off fully in one go, including their costs.

As Herbie21 has noted, by showing that you will pay half the debt if leant on a little, the bailiff company now assumes you can/will pay the full debt if leant on a bit harder.

Jesthar

RobertoMoir wrote: »

This is why they want you to wait for the bailiff, they will charge you for the bailiff visits and they will want to obtain some kind of security for the debt to make an arrangement to pay over a period of time, if you can't pay it off fully in one go, including their costs.

As Herbie21 has noted, by showing that you will pay half the debt if leant on a little, the bailiff company now assumes you can/will pay the full debt if leant on a bit harder.

Thanks, Roberto, I thought as much! Question from me (just trying to understand, not in debt myself, thankfully!); is it legal for them to DO that? Refuse a payment plan just so they can increase the debt with charges, I mean? Sounds like the OP could have had this payed off by now had they not made him wait...

~Jes

RobertoMoir

Jesthar wrote: »

Thanks, Roberto, I thought as much! Question from me (just trying to understand, not in debt myself, thankfully!); is it legal for them to DO that? Refuse a payment plan just so they can increase the debt with charges, I mean? Sounds like the OP could have had this payed off by now had they not made him wait...

~Jes

Ah but they're not refusing a payment plan, they simply haven't had their 'reasonable' conditions for a 'acceptable' payment plan met. See what I did there?

And my experience as a bailiff is out of date and things have probably changed since then, but I wasn't legally obliged to accept payment arrangements (though in the case of council tax debt at least, the client often wanted us to be fairly open and flexible on this issue, so we'd generally accept something that sounded fair enough).

IIRC, when a bailiff turns up on someone's doorstep with a warrant that allows them to seize goods against a debt, they have the authority and the power to just insist on full payment there and then in cleared funds, or goods removed.

Any arrangement at that point is very much at the discretion of the bailiff in accordance with the guidelines of their client, not at the discretion of the debtor.

cas1_2

hi
last year i recived 2 PCNs i paid one buy check but disputed the other, bailffs clamped my car in december so i paid £700 for the disputed pcn as i recived no letters, the bailff then told me i had another outstanding PCN for the one that i paid by check... i sent en email to the parking service and they replied by sending me a letter asking for proof.... i then sent them a letter stating that i had not recived no corrspondance telling me that the PCN was not paid!
i have looked at my bank statements and the amount was not taken out my bank. I have not receive any letters since dec only having my car clamped and towed away today!
surely they are at fault as well for not sending any warnings.... shouldnt the Bailff given me some time before toing my car? what do i do now i cant afford to get my car released?

help

RAS

Hi

Can you look at www.bailiffadviceonline.co.uk

then pm Herbie21 with the name of the bailiff and the company, r ring the number on the web-site.