• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Marston HCEO

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Marston HCEO

    Can anyone help ?
    In July 2009 I was sent a county court claim by one of my suppliers. I filled in the claim form with an offer which was accepted. The acceptance was sent to my old business address so I didnt receive it in enough time to make the first payment. I did however start to make payments on receipt of the judgment, this was about a month late.
    I continued to make payments from aug-nov but then fell behind and in dec my business failed. I am currently un-employed.
    I have today received a letter from Marston Group stating that they have taken possession of my van which was parked outside of my address and asking me to sign an enclosed inventory. I cannot pay in full at present and dont know what to do. I am living with a friend and have no other possessions of value. Any suggestions ?

  • #2
    Re: Marston HCEO

    Originally posted by sterowlands View Post
    I have today received a letter from Marston Group stating that they have taken possession of my van which was parked outside of my address and asking me to sign an enclosed inventory.
    I presume this letter was put through your door? Was anything else listed on the inventory?

    Have a read of the guide and most importantly of all, do not allow them access to your property. Bailiff Guide - Legal Beagles Consumer Forum

    Comment


    • #3
      Re: Marston HCEO

      The letter was delivered by the post man. It says that on 22/03/10 an officer levied execution at my address under a High Court writ of FiFa.
      There was nothing else listed.
      Last edited by sterow; 25th March 2010, 22:11:PM.

      Comment


      • #4
        Re: Marston HCEO

        I take it you are not disputing the debt?

        If you do not dispute it, you will need to make contact with them and make an offer of payment. You need to ensure these payments are affordable since you are unemployed.

        Comment


        • #5
          Re: Marston HCEO

          I am not disputing the debt. I was worried about contacting Marston as I have had dealings with them before and they would'nt allow me to pay in installements. I ended up borrowing the money and paying them in full but their fees were almost as much as the original debt (about £900). I dont want them to take my van because it is the only way of me making some money, I need it to deliver the goods I sell. If I try to make a payment arrangement and they refuse will they just come back and take the van ? Do these people usually make payment arrangements ?
          P.S thanks for your help so far.

          Comment


          • #6
            Re: Marston HCEO

            Originally posted by sterowlands View Post
            I am not disputing the debt. I was worried about contacting Marston as I have had dealings with them before and they would'nt allow me to pay in installements.
            I know, they are horrible to deal with as are most bailiff firms, but given that you have nothing as you are living with a friend, they will have to accept installments. They cannot take what you do not have.

            Originally posted by sterowlands View Post
            I ended up borrowing the money and paying them in full but their fees were almost as much as the original debt (about £900).
            If you are worried about the fees applied, you should send them a Subject Access Request. You will find a link to this that I posted earlier for you.

            Originally posted by sterowlands View Post
            I dont want them to take my van because it is the only way of me making some money, I need it to deliver the goods I sell.
            They are not allowed to take anything you need for work, but you will need to be careful here if you tell them you are unemployed.

            Comment


            • #7
              Re: Marston HCEO

              I have sort of picked up the pieces of my old business and I am trying to make something out of it. At the minute I am making very little money but trying to build things up. Would it be best to show that I am working but making a small amount ? If I make an offer it will only be around £50 per month for now and I owe them £1500, are they likely to accept that ? How can I stop them taking the van if they choose to ?
              Thanks again.

              Comment


              • #8
                Re: Marston HCEO

                I think it would be best to be honest with them, but do not telephone them, keep everything in writing. Make them an offer to pay (one that you will be able to keep to).

                As above, they are not allowed to levy on tools of the trade, they are classed as "exempt goods" and this list includes the following:

                ·such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family
                and
                ·such tools, books, vehicles, and other items of equipment as are necessary to that person for use personally by him in his employment, business or vocation.

                Comment


                • #9
                  Re: Marston HCEO

                  Ok, thanks Amy. One last question. Would it be worth contacting the creditor direct and asking them to call off the bailiff if I could pay in full. I could get the money from my mum to pay what I owe the creditor (£715) but I am reluctant to pay what Marstons are asking (£1537). Would I contact the creditor or their solicitor, or should I just accept that I will have to pay Marston what they are asking for ?
                  ------------------------------- merged -------------------------------
                  Also, sorry....should I tell Marston that the van is for business use...will they just accept my word.
                  Last edited by sterow; 25th March 2010, 23:11:PM. Reason: Automerged Doublepost

                  Comment


                  • #10
                    Re: Marston HCEO

                    Yes absolutely worth a shot, although Marston will have incurred some genuine fees, which will have to be paid. As I said earlier you will need to send them a SAR to get a breakdown of the fees applied and if any are non-prescribed and/or inflated then we can cross that bridge when we come to it.

                    Let us know how you get on.

                    Yes, you will need to tell them about the van.

                    Comment


                    • #11
                      Re: Marston HCEO

                      Thanks Amy, I think I will write to Marston first and see what they say. In the meantime I will contact the creditor and offer to pay them directly and see if they accept. I will let you know how it goes.
                      Thanks for you advice, it is much appreciated, its good to look over this site and see you are not alone. Thank you for that.

                      Comment


                      • #12
                        Re: Marston HCEO

                        Any time xx

                        Comment


                        • #13
                          Re: Marston HCEO

                          Last question for now (promise!) If I sign my van over to my friend i.e send off V5 reg document, would this take the van out of the proceedings as it would no longer belong to me ? would it be wrong to do that ?

                          Comment


                          • #14
                            Re: Marston HCEO

                            Erm, that could prove tricky if they have indeed levied on the van. If they have levied then technically it belongs to the bailiffs, but he allows you to keep it on the basis that you pay what you owe.

                            If it were me, I would just say that I needed it for work and that it is therefore exempt from levy.

                            Comment


                            • #15
                              Re: Marston HCEO

                              Yes...I see....back to plan A (it was just a thought).
                              Thanks again, I will keep you informed on my progress. x

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X