Marston Group

Quashing Orders. Stopping Enforcement. Applying for more time to pay. Disputing a liability.
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amyyxx1978
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Joined: 04 Jan 2015 19:47

#1 Marston Group

Post by amyyxx1978 » 04 Jan 2015 20:00

I receive a letter from a High Court Sheriff company called Marston group apparently for money I owe to Hertfordshire Court. I have absolutely no idea what this is for. It's a total of &620. The number on the letter isn't working. I sick with worry about this as it was received on Friday. I don't have a spare £600, I could probably offer £200 now and the rest at the end of the month. That's if I am liable. I moved last year, so correspondence for something may have gone to my old address! Has anyone else experienced this?

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Andy
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Joined: 28 May 2014 17:34

#2 Re: Marston Group

Post by Andy » 04 Jan 2015 21:13

If you have absolutely no idea what it's for why would you offer to pay anything?

There are a number of ways you can scupper a nuisance High Court Enforcement Officer:


1. If you accept you owe the money but you just need more time to pay, then you apply, using a Form N245, for a STAY OF EXECUTION and a VARIATION at the High Court district registry address at the top right of the writ.

2. If you dispute the sum owed, or you had no previous knowledge of the proceedings, you apply, on a Form N244, for a SET ASIDE. If you need other grounds then run a High Court Enforcement compliance check to discover what grounds are available to you to get the writ set aside.

3. Pay the creditor direct. Provided there has been no goods removed then no costs of execution are due. Only the statutory fees remain, but if goods have been taken into control, the HCEO cannot recover fees by selling them because Paragraph 58(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 "No further step may be taken under the enforcement power concerned." and Regulation 17.1 of the Taking Control of Goods (Fees) Regulations 2014 "the enforcement agent may not recover fees or disbursements from the debtor in relation to any stage of enforcement undertaken at a time when the relevant enforcement power has ceased to be exercisable" and guideline 31 of the Taking Control of Goods: National Standards 2014 "Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be excersisable."

4. If the debtor is a company, wind up the company and reform it with a new one. The writ and judgment dies with the original company.

5. Pay the debt to clear it. Then reclaim it through the courts or via a chargeback



Run the High Court enforcement compliance check.
2nd Year University Law Student.

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Schedule 12
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Joined: 30 Jul 2012 21:23
Location: London WC2
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#3 Re: Marston Group

Post by Schedule 12 » 04 Jan 2015 23:35

I moved last year, so correspondence for something may have gone to my old address! Has anyone else experienced this?
Marston do it all the time. It is their modus operandi when mail goes unanswered, they unilaterally trace you and start enforcement action at your new address without informing the creditor or giving statutory notices. It is illegal and if a form of fraud. Section 4 . The Parliamentary Ombudsman is investigating several cases identical to yours involving the same bailiff company.

Marston uses dual notepaper for its high court business and for bailiffs, so this might be a court fine. Only a v..small chance. Can you scan any Marston documents you have and post them up. Hide your personal details.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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