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  • Urgent help panic stations

    I have been given your details from a friend of mine who has been helped here

    I was pulled over in Preston on the M6 in 2015 for driving with no insurance on my vehicle. There had been an issue switching the insurance from one car to another as I had scrapped my old car and bought a new one. The insurer at the time admitted the fault and helped me get my car out of the impound. I was then given the fine from the court of over £900 which was very steep as I was not working at the time. I appealed this decision and it was halved to around £460. I agreed a repayment plan with the court at the time and was paying off £5 per week until I could afford more.

    In late January this became harder to do as I was fighting an ongoing court battle over custody of my son he was being abused and he was staying with me more and more and as a result my money situation was such that pretty much all of my bills fell by the wayside. I called and explained to the court that I was trying to get more money but had to wait until court was finalised before I could even apply for child benefit or child tax credits and a higher rate of Housing benefit. He was removed from his house with the clothes on his back and a gerbil I had to get every thing for him he wasn't even to this day able to get his favourite teddy. Even with this information, the court passed my account over to their collections agency Marstons Group. I called to speak to Marston's and was informed I had 3/4 weeks to pay the amount including extra costs as they now had control of my account. When I told them I could not afford to pay the debt that quickly, the agent on the phone told me there was nothing else that could be done and I would have to find the money by the date set on the letter.

    This morning money finally got put into my account after my son was put into my care full time mid-March. I called the court to try and pay but was told only Marston's can now deal with my account. I then called Marston's only to be informed that my account is now with their collections agent and he will only accept payment in full - Which now includes another charge and is totalling over £700! I tried to plead with them as I am still unemployed but was told that the agent would only accept payment in full or would take goods from my property instead. Obviously I can't be allowing this as I live alone with my son and everything I own is old and not worth much so he would probably take everything from here.

    I am able to pay off up to £100 at the moment and then enter into a regular payment scheme with the company as my money has now started but am not able to pay £700 in one go and i have very poor credit rating so cannot even get a loan to help at this time. I've just checked my post box and have received a card saying they have been today to collect and they are coming back and are going to collect again I don't know what to do.

    Can you help

  • #2
    Re: Urgent help panic stations

    Forgot to add collection agent showed up left a letter in box saying he will be back to remove I live in a secure flat so he can't get in but I'm in tears. My son has been abused for 4 years by his family and now I am failing him having these people show up

    Comment


    • #3
      Re: Urgent help panic stations

      Hi single dad, welcome to AAD, you have had a terrible time. I'm sorry I can't help but I will put out an SOS with the site team to see if anyone can help you.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #4
        Re: Urgent help panic stations

        What an awful time you have had , rest assured if we can help we will xxxx
        if you do it today and you like it you can always do it again tomorrow


        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #5
          Re: Urgent help panic stations

          Originally posted by Singledad View Post
          I have been given your details from a friend of mine who has been helped here

          I was pulled over in Preston on the M6 in 2015 for driving with no insurance on my vehicle. There had been an issue switching the insurance from one car to another as I had scrapped my old car and bought a new one. The insurer at the time admitted the fault and helped me get my car out of the impound. I was then given the fine from the court of over £900 which was very steep as I was not working at the time. I appealed this decision and it was halved to around £460. I agreed a repayment plan with the court at the time and was paying off £5 per week until I could afford more.

          In late January this became harder to do as I was fighting an ongoing court battle over custody of my son he was being abused and he was staying with me more and more and as a result my money situation was such that pretty much all of my bills fell by the wayside. I called and explained to the court that I was trying to get more money but had to wait until court was finalised before I could even apply for child benefit or child tax credits and a higher rate of Housing benefit. He was removed from his house with the clothes on his back and a gerbil I had to get every thing for him he wasn't even to this day able to get his favourite teddy. Even with this information, the court passed my account over to their collections agency Marstons Group. I called to speak to Marston's and was informed I had 3/4 weeks to pay the amount including extra costs as they now had control of my account. When I told them I could not afford to pay the debt that quickly, the agent on the phone told me there was nothing else that could be done and I would have to find the money by the date set on the letter.

          This morning money finally got put into my account after my son was put into my care full time mid-March. I called the court to try and pay but was told only Marston's can now deal with my account. I then called Marston's only to be informed that my account is now with their collections agent and he will only accept payment in full - Which now includes another charge and is totalling over £700! I tried to plead with them as I am still unemployed but was told that the agent would only accept payment in full or would take goods from my property instead. Obviously I can't be allowing this as I live alone with my son and everything I own is old and not worth much so he would probably take everything from here.

          I am able to pay off up to £100 at the moment and then enter into a regular payment scheme with the company as my money has now started but am not able to pay £700 in one go and i have very poor credit rating so cannot even get a loan to help at this time. I've just checked my post box and have received a card saying they have been today to collect and they are coming back and are going to collect again I don't know what to do.

          Can you help
          Not my area of expertise but didn't want to read and run.

          There are rules about this type of collection, Marstons are not famed for keeping to them.

          The main thing for the moment is don't open the door to them and if you have a car, move it out sight of your house.

          They can't take blood out of a stone, so don't panic, hang in there and we'll flag up your case and get you some concrete facts on how to deal with these cretins.


          Did the insurance company accept that they've made a mistake? and if so why didn't they present this evidence to the court ?


          how much is left on the fine to pay and what charges have Marstons added on?

          Comment


          • #6
            Re: Urgent help panic stations

            Thank you I am near tears and trying not to let my son see his grown dad cry!

            My insurance company were fools I was in the process of changing them and they messed me about. They didn't care I accepted the fine and I got 495 I paid about 90-100 off of it.

            I don't have a car of my own I lost my job when I had to be in and out of court so many times to get my son away from his mum and grandmother who were abusing him I underwent parenting sessions to ensure I was "fit" my employer understandably couldn't accommodate me but has allowed me 4 months of my company car. So I am driving that.

            All together according to the card today the fine has got up to 700.00! Which includes 235.00 for the privilege of the bailiff coming

            I tried calling the court they wouldn't even talk to me can they do that?

            Comment


            • #7
              Re: Urgent help panic stations

              some light reading for you

              http://bailiffadviceonline.co.uk/bai...te-court-fines

              no crying please, we don't do that we just try to get things sorted.

              more reading

              http://bailiffadviceonline.co.uk/lat...-vulnerability

              Comment


              • #8
                Re: Urgent help panic stations

                Thanks not sure how it'll help has kinda worried me more haha. Hoping someone can help. I'm getting quite scared and I can't qualify for a loan or I woukd

                Comment


                • #9
                  Re: Urgent help panic stations

                  Please no giving up hold on we will help xxx
                  if you do it today and you like it you can always do it again tomorrow


                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #10
                    Re: Urgent help panic stations

                    Ok

                    this is not my area but from what I can see, this is a magistrate court fine?

                    if so you will half to pay it

                    Have you had a "notice of enforcement" from Marstons?

                    You should have set up the payment schedule at that point, you're gaining more charges because this hasn't been done.

                    I think you could have argued that you are vulnerable (small child in house, under pressure etc) and I think you should have been passed to Marston's welfare dept. As i said this is not my area so struggling a bit here, it might be a better idea to ask a question here Send a question which will go direct to Bailiff's Online and this is their area of expertise.

                    Comment


                    • #11
                      Re: Urgent help panic stations

                      We're looking at this behind the scenes. Please bear with us.

                      Niddy.
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment


                      • #12
                        Re: Urgent help panic stations

                        Yes I do have to pay it I was happily paying 5.00 a week until I lost my job and was forced to take in my son full time with no support clothing bed etc...

                        I had nothing got a letter saying debt was with them called them explained circumstances they said pay in full I aid I canthink gave them income and expenses.

                        Heard nothing then got knocked at my door today didn't answer got a letter in the box bailiff with notice to remove 235.00 on the bill

                        I have tried to negotiate with the court and Marston no one cares because single dad's don't really matter.... and it's true the social services take the same opinion. My own council told me if I was a woman my benefits etc would have been processed quicker but single dad there is no help for me.. no chairty for me. Etc to get help from

                        I'm running out of options and I can't sleep knowing he's in the other room thinking tomorrow someone could ambush us..I really thought someone here could help me

                        Comment


                        • #13
                          Re: Urgent help panic stations

                          Try and relax. I'm talking to people on your behalf behind the scenes but it is late. I'll keep you updated on here.

                          Try and not worry about it.
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #14
                            Re: Urgent help panic stations

                            Originally posted by Singledad View Post
                            Yes I do have to pay it I was happily paying 5.00 a week until I lost my job and was forced to take in my son full time with no support clothing bed etc...

                            I had nothing got a letter saying debt was with them called them explained circumstances they said pay in full I aid I canthink gave them income and expenses.

                            Heard nothing then got knocked at my door today didn't answer got a letter in the box bailiff with notice to remove 235.00 on the bill

                            I have tried to negotiate with the court and Marston no one cares because single dad's don't really matter.... and it's true the social services take the same opinion. My own council told me if I was a woman my benefits etc would have been processed quicker but single dad there is no help for me.. no chairty for me. Etc to get help from

                            I'm running out of options and I can't sleep knowing he's in the other room thinking tomorrow someone could ambush us..I really thought someone here could help me
                            Ring the Magistrates Court tomorrow and ask for the fines officer. Explain the circumstances and ask the officer to agree a reduction in the payments yu have to make. Ask the officer to recall the warrant from the bailiffs as the circumstances you outline indicate you are classed as ‘vulnerable’

                            Do not let the bailiff in. Inform Marstons in writing (and by telephone) that you have contacted the Magistrates fines officer as you are classed as vulnerable.


                            FYI

                            Magistrates’ court bailiffs should not take:
                            • clothing, bedding, furniture and basic household items that are necessary for the basic domestic needs of you and your family;, such as beds, cooker, fridge, dining table and chairs etc
                            • tools, books, telephones, computers, vehicles and other items of equipment that are necessary for use personally in your job, business or education (up to a total value of £1,350); and
                            • items you or someone else is physically using where taking the goods is likely to lead to a breach of the peace.

                            If a bailiff takes control of goods that are protected, you can make a court claim for the goods to be returned
                            Legal Disclaimer
                            I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                            If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

                            Comment


                            • #15
                              Re: Urgent help panic stations

                              Thanks

                              I spoke to the court today they refused point blank and told me to deal with Marstons.

                              I spoke to the fines officer at the court who held the fine.

                              I will try again however.

                              Appreciate your advice.

                              I am just desperate I can borrow the money to pay the 410. Which is what the fine is but if I pay that online with the courts I'm reading conflicting advice what happens with regards to the baliff charges.

                              Comment

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