Marston Enforcement/HMCT

furrysnout

Ive just got home from work to a hand delivered letter from Marston Enforcement regarding a debt in my previous name (Ive been married 3 years).
The debt is from HMCT which I assume is the court service.
It says they attended to remove my items.
I know nothing of this debt.
What do I need to do? I am terrified they will come back and start lifting my stuff.

Imbroglio

Step 1: don't panic.

You need to send them the 'prove it' letter
http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

Keep all your correspondence with them in writing, refuse to speak to them in person or on the phone. Do NOT pay them anything until they can prove this debt it yours and less than 6 years old.

I don't think they can enter your property without a court order (someone will probably know a lot more about this) so don't let them in if they come back when you're home

Imbroglio

Might also be worth checking your credit report and seeing if there's anything you don't recognise on there

furrysnout

Thanks for your advice. The link doesnt work. What "prove it" letter do I need? Ive had another look at my letter, it relates to a fine or pcn (i assume this is a penalty charge notice).

Imbroglio

do you remember having any letters in the past about parking fines or anything?

Does this one work? https://forums.moneysavingexpert.com/discussion/comment/11570893#Comment_11570893

furrysnout

Brilliant, thank you :-)

fatbelly

The latest version of the prove-it letter iis here

https://forums.moneysavingexpert.com/discussion/2607247

but I think you need to find out what this debt is for. It seems Marstons have been instructed in some capacity to chase a debt. The court service is usually referred to as HMCTS and I can't see why they would be listed as a creditor. Easiest way is to phone and ask.

If they are quoting a court reference, phone the court.

If Marstons are acting as bailiffs then (unless chasing a criminal fine in the magistrates court) opinion is still that they have no right to force entry on a first visit, even under the new rules.

hallowitch

furrysnout wrote: »

Thanks for your advice. The link doesnt work. What "prove it" letter do I need? Ive had another look at my letter, it relates to a fine or pcn (i assume this is a penalty charge notice).

If this is a magistrate court fine or a pcn then a prove it letter is not the way to go


If possible please record the call


Phone Marston's and ask if this is for a pcn ask them for the name of the council that issued the pcn and the pcn ref no then get in touch with Traffic enforcement centre and ask for the exact address all statutory notices have been sent to and the date of the offence if this is different for your present address you need to get them to give forms te7 and te9 (I think this is the correct forms)


If this is a magistrate court fine you need the court that issued the warrant and why you have been fine
you then need to swear a statutory declaration at the court that you were unaware of the fine until you receive a letter from Marston's bailiffs you have 21 days from becoming aware of the fine to d this


Post on this form for more/better advice
http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Enforcement-Agents-(Bailiffs-amp-High-Court-Enforcement-Officers)

furrysnout

Ive phoned the court. This is for a traffic offence dating back to 2009. I sent a cheque to pay but they claim not to have received it and now marstons have bought the debt off them there's nothing they can do.the debt is in my previous name. Is it worth denying all knowledge?

hallowitch

furrysnout wrote: »

Ive phoned the court. This is for a traffic offence dating back to 2009. I sent a cheque to pay but they claim not to have received it and now marstons have bought the debt off them there's nothing they can do.the debt is in my previous name. Is it worth denying all knowledge?

Marston's did not buy the fine the fine belongs to the court and always will Marston's have been contracted by the court (MOJ) to enforce the warrant as you have moved and did not receive a further steps notice (a further steps notice is a legal document and must be sent before they pass it to the bailiff) you can still file a stat dec if you pay Marston's you will have to add there fees of £300 to the fine


please post on the site I recommended


this is taken from a web site that is a fee paying site about £10 I think it is highly recommended on here
http://bailiffadviceonline.co.uk/bailiff-advice/what-goods-can-a-bailiff-take-from-my-home/further-steps


What is a Further Steps Notice?


A court fine is a criminal conviction and accordingly, non payment of the court fine is taken very seriously by the magistrates courts and there are a range of “sanctions” available to the Fines Officer if payment is not been made by the date outlined in the Notice of Fine and Collection Order or if a payment was missed under an agreed payment arrangement.

Before any enforcement action can be taken to recover the debt, the Fines Officer is under a legal obligation to abide by the Courts Act 2003 and to issue a Further Steps Notice. This will be sent to the address on the court file.
It is important to be aware that by contacting the Fines Officer within the strict time frame outlined above (10 working days from the date of the notice) you can avoid the Fines Officer taking any one of the above “further steps” and it vitally important for anyone receiving a Further Steps Notice to contact the Fines Officer immediately. This can avoid a Distress Warrant being issued and bailiffs attending your property.



The wording on the Further Steps Notice will be as follows:

The amount that you owe is £ xx
As you have failed to make payment as directed, you are hereby given notice that one or more of the following further steps listed below will be taken against you.

• Issue a Warrant of Distress for the purpose of levying the sum due.
• Register the account in the Register of Judgments, Orders and Fines, which could restrict future credit options available to you and make it difficult to get loans, mortgages and credit cards.
• Make an Attachment of Earnings Order (for deduction to be made from your salary) or an application for benefit deductions (for deductions made from your benefit).
• Make a vehicle clamping order.
• Refer your case to court, which may decide to increase your fine by 50%, take further action or commit you to prison.
• Take any further steps as permitted under provision of fine collection regulations which apply to any other enforcment power of a magistrates court.

Payment in full, within 10 working days of this notice will cancel any further action. Please contact this office immediately if you cannot pay as directed.
Appeal

You have the right to appeal to the Court against the Fines Officer’s decision. Such appeal must be made in writing, stating the reasons for your appeal and supported by any written evidence you have. It must be received by this office, at the above address, within 10 working days from the date of this notice.
Please mark all correspondence for the attention of the Fines Officer.
Date:
Note:

If you have any queries about a Further Steps Notice or any other matter regarding enforcement of a Distress Warrant please do not hesitate to contact us either by phone or alternatively, by submitting a question.
Please refer to our Contact us page for further details.