Martson Debt Advice

fatbelly

Explanation of high court fee structure:

Compliance Fee:£75 (plus VAT).

Upon receipt of the sealed writ of control the enforcement company must send a Notice of Enforcement giving the debtor a minimum of ‘seven clear days’ notice that a visit will take place to take control of goods. This fee is payable for each Writ of Control. It is vitally important be to be aware that if you cannot afford to pay the entire amount in full at this stage then you must consider submitting a payment proposal. This will not avoid further costs but will at least limit the additional fees to include just the Enforcement Stage 1 fee as outlined below.

Enforcement Stage 1: £190 (plus 7.5% on the sums to be recovered over £1,000 plus VAT).

If you fail to pay the amount owed in full during the time period outlined in the Notice of Enforcement or you have requested to pay by instalments then in every case the Enforcement Agent is obliged to attend the premises personally on behalf of the creditor in order to ‘secure’ the debt. This attendance is charged at £190 plus 7.5% of the sums to be recovered over £1,000, plus VAT. For example, if the outstanding debt was £3,000, the 7.5% would only be charged on £2,000.

Enforcement Stage 2: £495 (plus VAT).

If you fail to make any payment or to enter into an acceptable instalment arrangement covered by a controlled goods agreement (the term replacing walking possession agreement), then the matter moves onto Enforcement Stage 2. If a payment arrangement, with a signed controlled goods agreement, is subsequently broken, the Enforcement Agent will re-attend the property either under Enforcement Stage 2 or the Sale or Disposal Stage dependent upon the circumstances so far.

I've also asked re the legitimacy of charging of VAT and the only answer I've got from everywhere is 'we don't know'!

[Deleted User]

mrsb1980 wrote: »

Also the house I live in is owned by my husband (I am not on the mortgage, never have been), and the car is in his name. Do they still have right to come in?

Yes they do, but only if they can obtain "peaceable entry".

NB. I'm assuming this is a consumer debt, rather than an Income Tax debt, or court fine?

Marktheshark

A very Knowledgable man on youtube who posts under the banner of "trial by social media" may help you on this, he runs a voluntary set up called bailiff defence team.
Only seen his videos, but unlike the freeman nutters he really knows his stuff and has knocked these rouges straight back down their holes on charges and practices many times with one phone call .
Refusing a payment plan is very naughty indeed.
See if you can contact him.

paula3232

Hi sorry to jump on here I'm new to this and unsure how to start a new post. I'm currently dealing with Marston over a water bill. I moved out of my property which my daughter now rents and they turned up there. She had to show I'd of who she was and then they contacted me. The lady on the phone asked my a dress I gave it to protect my daughters belongings . I explained I was trying to seek advice for a dro and she said I need to go to cab do a income exp for an send it off with an offer. Then I rang a company who I thought was going to help with a dro or at least give me advice it turned out to be an iva. Yeah it sounded great until they wanted a £365 payment . I want to see if I'm eligible for the drop they told me I had too much left over from my wage and said bankruptcy will cost me 1000 as I would need a solicitor. Whilst on the phone to them I received a text saying
I need the money by tomorrow or I will remove your goods and take your your things to recover the money you owe. I have your address. Mr. Jackson. . I'm now worrying that they will return to my previous an start taking my daughters things as the iva company told me they don't care an will need proof of everything my daughter has bought and the same for my current address as I live with a friend now. I would be very grateful for any info on what to do .I've no money to offer in fact £15 to last until the 28th Aug and I offered 10 a month until I got sorted they said no .
Many thanks for reading paula

paula3232

Also which address would they likely to go to my daughter is scared she's only 20 her front door won't luck she is waiting on landlord to repair it

DandelionPatrol

paula3232 wrote: »

Hi sorry to jump on here I'm new to this and unsure how to start a new post. I'm currently dealing with Marston ....

Go to the forum page http://forums.moneysavingexpert.com/forumdisplay.php?f=76 and look for the blue button labelled 'New thread'

Please just cut and paste your text from above into your new thread and come back to edit your post here - you should delete it. If you post into someone else's thread [called 'thread hijacking'], about 60% of the replies are about the original problem and your problem could be ignored, plus it is confusing to read.

fatbelly

paula3232 wrote: »

Hi sorry to jump on here I'm new to this and unsure how to start a new post. I'm currently dealing with Marston over a water bill. I moved out of my property which my daughter now rents and they turned up there. She had to show I'd of who she was and then they contacted me. The lady on the phone asked my a dress I gave it to protect my daughters belongings . I explained I was trying to seek advice for a dro and she said I need to go to cab do a income exp for an send it off with an offer. Then I rang a company who I thought was going to help with a dro or at least give me advice it turned out to be an iva. Yeah it sounded great until they wanted a £365 payment . I want to see if I'm eligible for the drop they told me I had too much left over from my wage and said bankruptcy will cost me 1000 as I would need a solicitor. Whilst on the phone to them I received a text saying
I need the money by tomorrow or I will remove your goods and take your your things to recover the money you owe. I have your address. Mr. Jackson. . I'm now worrying that they will return to my previous an start taking my daughters things as the iva company told me they don't care an will need proof of everything my daughter has bought and the same for my current address as I live with a friend now. I would be very grateful for any info on what to do .I've no money to offer in fact £15 to last until the 28th Aug and I offered 10 a month until I got sorted they said no .
Many thanks for reading paula

OK. Don't panic.

You can start a new thread by hitting the New Thread button on the front page of this forum. But the mods may move this anyway.

I'm going to assume there has been a ccj issued for water arrears and this has been booted up to the High Court for enforcement by Marstons who are acting as High Court Enforcement Agents. I know SWW have a pilot project doing this this summer.

They have already identified that you don't live at your daughter's address so if they return there you would complain to all and sundry. They won't.

They will however come to your door where you should deny them access and keep any car parked away from your property, preferably on someone else's private property. Ignore any threats the bailiff makes (coming back with police, obstructing them is a criminal offence, I'll use a locksmith to break in ...).

Now you need to sort out your debts. Bizarrely, the woman from Marstons gave you good advice. If you qualify for a DRO, that would solve the problem here and the CAB still does the majority of them. It is only the non-fee chargers that can set them up so the stupid IVA seller was the wrong place to go for help. Stepchange or National Debtline would also have been OK.

For others reading this thread, bankruptcy does not cost £1000 and you don't need a solicitor (jeesh)

And if you tell a bailiff you are going for a DRO, it just makes him more aggressive because he knows time is limited to secure the debt against your goods. You should never do this. Better to agree a payment plan, even an unaffordable one, and let the DRO be a pleasant surprise.

paula3232

Thank you. I'm ringing the national debt line the minute I get home. The bayluff was wanting at least £200 a month off me when 8 rang and told them I don't live there . Sometimes my wage is only 340 for the month. I will tell them I will 0ay that to give me time to get a dro application going . The iva person said a solicitor is needed as it's a 30 page document to be filled in and the severity of the debt with marston would make marston fight . They told me that the dro app would fail as my left over money is over £50 and even with a bankruptcy order if I had more than X amount of pounds once declared bankrupt I would have to hand over the left overs from my wage after my priority bills .

fatbelly

paula3232 wrote: »

The iva person said a solicitor is needed as it's a 30 page document to be filled in and the severity of the debt with marston would make marston fight . They told me that the dro app would fail as my left over money is over £50 and even with a bankruptcy order if I had more than X amount of pounds once declared bankrupt I would have to hand over the left overs from my wage after my priority bills .

There's so much BS in there I wouldn't know where to start!

Let s know how you get on with ND. Lines are open till 9pm

paula3232

I've received a text saying I have ignored text messages an he wants 1850 or will remove goods and has a locksmith and van . What can I do