URGENT: Help regarding marston group deadline. Please help.

jamie4689

Hi,

I'm new to this and I hope this is the right place to post, I've had a look for similar questions but I can't seem to find a definite answer.

I got a speeding fine in April 2012 and as I had been made redundant at the time unfortunately I didn't pay it. It was referred to the courts and I set up a payment plan which again I'm ashamed to say I couldn't keep up with.

I didn't hear about the fine for a few months and it completely slipped my mind until I got a letter from the Marston Group - I called them and explained I now was working but I couldn't afford the whole payment in one hit. They offered me a payment plan which was to pay £130 (30% of the total now) and I had 6 weeks to clear the balance.

I paid the first payment on 30th April, giving me 6 weeks (or until the 11th June) to complete the rest of the balance. I am unable to do this, I simply do not have the money this month as it's my first months wages in new employment.

I called today and offered to pay a token amount and to clear the entire balance on 30th June in full, as this was my next pay date that I will have money. They told me this was not possible and that it would be passed to their enforement team if I don't pay on 11th June. This seems so trivial, I've called well in advance and explained my situation, I've been honest and up front and offered to clear the whole balance offering an exact date on which I could do so but it's been refused hand over fist.

Do I have any rights here? Can the CAB help me? Can I pay the original creditor (the magistrate court) or do I HAVE to now pay the baliffs fees? There seems to be so much contradictory advice.

The long and short, I can't pay it on 11th June, but I can pay on 30th. I don't understand the point in sending out baliffs to my house (which is a furnished, rented room) when I'm offering to clear the balance a mear 19 days later.

I'll look forward to responses.

Thanks,
Jamie.

Tixy

I don't know if you have seen this factsheet about magistrates court fines but if not you may find it useful https://www.nationaldebtline.org/EW/factsheets/Pages/13%20EW%20Magistrates%27%20court%20fines/Page-04.aspx

I believe a fine is only usually recalled to the court if the debtor is classed as vulnerable but that otherwise you need to deal with the bailiffs.

If there is no way you can afford the repayment then it may be worth following up your call with a letter to say what you can afford and when (make sure you can actually stick to the payments this time).

If they do turn up at your property then obviously do not let them in to the property. Do you have a vehicle outside the property?

jamie4689

Thanks for your reply, I'll have a look at the fact sheet now.

I just can't, I'm a month in arrears on my rent so I don't have any spare this month to pay except maybe £100 (there's only £291 left) - it seems so trivial to add an aditional £235 onto the bill for the sake of an extra couple of weeks. If it goes to doorstep collection the debt will spiral out of control and likely never be paid off.

It's so harsh when I'm so close to this being off my back. I just don't know what to do for the best

jamie4689

To be clear, it says that they will give me 7 clear days notice before any enforcement arrives at my door.

Does this mean that once the 11th has passed, I will receive another 7 days before they turn up? Is there any possibility that in the time it takes for it to be passed to doorstep enforcement and for a notice to be issued that we will have reached the end of the month?

I don't have a car or any possessions so there's nothing they can take anyway, it's just a pointles exercise.

stuartkeith

Don't rely on that, I've had them turn up today charging me 235 for the joy! I spoke to them before the deadline (26th may) and also sent a letter in writing requesting the complaints procedure and wishing to make a formal complaint. This was posted on the 20th may.

National_Debtline

Hello there,

The law makes clear that they have to give 7 days clear notice. This doesn't include the day you receive the notice. If they do attend earlier they would be in breach of the regulations.

It is very likely that they will visit, the key reason being is that it would then allow them to charge the £235. It is also likely that the bailiff will allude to the fact that they can break into the property. Whilst this is true it is a power that is seldom exercised.

Please do consider negotiating with the bailiff in writing, try and offer a reasonable and affordable monthly instalment. In addtion, you must deal with the rent arrears. Your landlord may allow you to pay the regular rent instalment with a little extra added each month on top. We have a useful rent arrears guide which you can find by clicking this link.

Best wishes,

David @natdebtline

jamie4689

Thanks David, that's most useful.

They'd have a struggle getting in as I live in a gated complex surrounded by spiked 9ft high fencing. They won't have the code.

In terms of the rent, I've made an arrrangement to pay 2 months at the end of May which is fine, I'm in steady employment now I'm just catching up with a few things.

I don't need a monthly arrangement, my finances will be in full order as of the end of June.

If they do visit before the 7 day period is up, are they still able to charge for the visit despite being in breach of regulation?

Also, is there a defined period in which the must respond to any written offers?

antonic

The rules regarding Taking Control of Goods and costs are very clear.

If a Notice of Enforcement is issued this will cost you £75 and they CANNOT legally call again UNTIL 7 days have passed . so the 8th day.

if they call again the minimum that they can charge, by the TCOG regulations is £235, they can charge more if they want.

You can request a time to pay arrangement at any time BUT they do not have to accept it, and with a previously failed time to pay they may not consider it.

Good luck.

Herbie21

jamie4689 wrote: »

Hi,

I'm new to this and I hope this is the right place to post, I've had a look for similar questions but I can't seem to find a definite answer.

I got a speeding fine in April 2012 and as I had been made redundant at the time unfortunately I didn't pay it. It was referred to the courts and I set up a payment plan which again I'm ashamed to say I couldn't keep up with.

I didn't hear about the fine for a few months and it completely slipped my mind until I got a letter from the Marston Group - I called them and explained I now was working but I couldn't afford the whole payment in one hit. They offered me a payment plan which was to pay £130 (30% of the total now) and I had 6 weeks to clear the balance.

I paid the first payment on 30th April, giving me 6 weeks (or until the 11th June) to complete the rest of the balance. I am unable to do this, I simply do not have the money this month as it's my first months wages in new employment.

I called today and offered to pay a token amount and to clear the entire balance on 30th June in full, as this was my next pay date that I will have money. They told me this was not possible and that it would be passed to their enforement team if I don't pay on 11th June. This seems so trivial, I've called well in advance and explained my situation, I've been honest and up front and offered to clear the whole balance offering an exact date on which I could do so but it's been refused hand over fist.

Do I have any rights here? Can the CAB help me? Can I pay the original creditor (the magistrate court) or do I HAVE to now pay the baliffs fees? There seems to be so much contradictory advice.

The long and short, I can't pay it on 11th June, but I can pay on 30th. I don't understand the point in sending out baliffs to my house (which is a furnished, rented room) when I'm offering to clear the balance a mear 19 days later.

I'll look forward to responses.

Thanks,
Jamie.

This is very naughty indeed and 'appears' to be a way in which to engineer an 'enforcement fee' of £235. You have not stated the amount that Marston Group were enforcing so it is difficult to advise you whether making an immediate 'token' payment of £50 would suffice.

In the morning I would suggest that you once again call Marston and if possible make a payment and state that you called this week to ask if the balance can be paid by 30th June instead of 11th and this request was refused. Advise the operator that you are of the opinion that their refusal appears to be aimed at charging a wholly unecessary fee of £235. Advise the operator that you live in a small bedsit and that you do not even own a motor vehicle. If she is adamant that she will not allow you the additional time, I would suggest that you ask for her name and advise her that you will be making a Formal Complaint to the company and you will be copying the letter to the Fines Officer at the Magistrate Court.

Please post back after you have spoken with them.

jamie4689

Hi All,

So I thought I'd give you an update on this - it appears that I've spoken to somebody human over at Marston (despite not thinking they exist) a very pleasant lady said that she was only able to extend me by one week but completely understand's why I'm asking for the extension.

She passed me through to a guy in the outbound team who managed to extend me to the 20th (the longest the system will allow) but has arrannged for somebody to call me back on the 20th to try and help me as best they can.

I'm hoping that I'll be able to make a full and final payment and this be the end of the matter - I'll keep you updated