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Letter from Bailiffs...

Morning All,

Sorry if this is not in the best place if I've missed somewhere better it should have gone feel free to move it!

Cutting a long story short, I have had some contact from people I used to rent a room from about 11 months ago, with a copy of a letter from Marston Group, (an enforcement company) with the client listed as HMCTS. Amount Due £546.

Please don't get me wrong here, I accept that this needs to be paid, and am willing to do so, however having contacted both Marston directly and the Bailiff, both suggest I am unable to create a "payment plan" with them, as I am simply not in a position to pay the full amount. My suggestion was for 5 payments over 5 months, split equally each month.

I was hoping that given the fact that I also have not knowingly "refused" payment at any point would help matters, as now I am aware I have made every effort to get in touch.

All I really need to know is whether or not they can refuse what I would consider a reasonable payment towards the amount, or if they are fully and legally allowed to force full payment.

Any other help would be much appreciated, I really want this dealt with as quickly as possible- and if I had £546 to pay them I wouldn't even be posting!

Thanks in advance.

Comments

  • bargainbetty
    bargainbetty Posts: 3,455 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Write to them, stating clearly that you are unable to settle the amount in full at this time, but restate the repayment plan. It might be better to do it over six months, to allow yourself a little space to breathe.

    Do it in writing. Ask them for their bank details so you can make a transfer - under no circumstances give them your card details - or arrange for a postal order or cheque.

    Also insist that all further communications are in writing - do not accept any calls. Once you have a paper trail detailing your offers to pay, they will be a lot less likely to refuse and take you to court. Any judge would see your attempts to pay, and would probably set the repayments according to your offers.

    They can't take what you don't have. Writie to them, keep copies, send it recorded delivery.

    Good luck
    Some days, it's just not worth chewing through the leather straps....
    LB moment - March 2006. DFD - 1 June 2012!!! DEBT FREE!



    May grocery challenge £45.61/£120
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    is this a court fine

    you should know that if you were fined in your absence (all correspondence went to previous address) you can go to the court and file a statutory declaration

    you can then make arrangements with the court to pay them

    you have 21 days from first contact with the bailiff to file a stat dec
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • toddy89
    toddy89 Posts: 19 Forumite
    hallowitch wrote: »
    is this a court fine

    you should know that if you were fined in your absence (all correspondence went to previous address) you can go to the court and file a statutory declaration

    you can then make arrangements with the court to pay them

    you have 21 days from first contact with the bailiff to file a stat dec


    Thanks for this,yes it is and I have just learned about a Stat Dec about the time you posted this too :)

    Am about to leave to the local court to file one, the process for anyone who doesn't know seems very simple and incredibly useful for anyone in a similar situation. When speaking to the court they described it as "turning the clocks back" to the date of the original contravention and moving forward again from there. My estimate is that my fees will be now £212. Big "saving."

    Thank you all for your support.
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    toddy89 wrote: »
    Thanks for this,yes it is and I have just learned about a Stat Dec about the time you posted this too :)

    Am about to leave to the local court to file one, the process for anyone who doesn't know seems very simple and incredibly useful for anyone in a similar situation. When speaking to the court they described it as "turning the clocks back" to the date of the original contravention and moving forward again from there. My estimate is that my fees will be now £212. Big "saving."

    Thank you all for your support.

    well done yes its a very simple process

    from memory bailiffs fees are £85 letter fee and £215 visit fee
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • toddy89
    toddy89 Posts: 19 Forumite
    The process still seems to be pretty easy, but having spent 4 hours waiting at court today to be told I wont get seen, I leave fairly irritated that I have to lose another few hours tomorrow going back. Ah well, all's well that (eventually) ends well! :)

    Will update when I've got it sorted and when/if I hear from the DVLA who originally filed the order. Hopefully they wont even bother going for it again!
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