Marston Notice

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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abs1972
Posts: 2
Joined: 15 May 2017 15:33

#1 Marston Notice

Post by abs1972 » 15 May 2017 15:52

Hi I had a notice of enforcement come last week from Marston.

I sopke to the company that I owe the money to via their solicitor (Wilkes Partnership), they agreed a repayment plan but said the Enforcement agent is still coming out to do a control order which is going to increase the debt.

I knew i owed the money, but wasnt aware a CCJ had been passed (I had moved house was the judgement went to court) I had already made payments to clear the debt but couldnt keep them up due to not working.

The letter from Martson at my new address gave me till 5 today (15th May) to pay the debt. Ive tried to pay the company direct the full amount outstanding but they wont take a credit card payment!! I'm now travelling for a few days and want to make a payment and clear it, but wont be able now to pay the full amount until after the cut off point.. what are my options?

Will I have to pay Martsons direct now or can i still the creditor direct? Not sure what to do as I live in a shared house, and we have builders working on the property I'm worried they will give the officer access to the property.

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Schedule 12
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#2 Re: Marston Notice

Post by Schedule 12 » 15 May 2017 19:19

abs1972 wrote:
15 May 2017 15:52
Hi I had a notice of enforcement come last week from Marston.

I sopke to the company that I owe the money to via their solicitor (Wilkes Partnership), they agreed a repayment plan but said the Enforcement agent is still coming out to do a control order which is going to increase the debt.

I knew i owed the money, but wasnt aware a CCJ had been passed (I had moved house was the judgement went to court) I had already made payments to clear the debt but couldnt keep them up due to not working.

You said you had a notice of enforcement. Was that to your old address or your current address?

If it was to your current address but the judgment was made to your old address, then you can apply to stay the writ and set aside the judgment.




The letter from Martson at my new address gave me till 5 today (15th May) to pay the debt. Ive tried to pay the company direct the full amount outstanding but they wont take a credit card payment!! I'm now travelling for a few days and want to make a payment and clear it, but wont be able now to pay the full amount until after the cut off point.. what are my options?
You can pay the creditor direct if you owe the money, but you must give Marston notice the debt has been paid.



Will I have to pay Martsons direct now or can i still the creditor direct?
If you give Marston any money, it will go straight in their pocket. You will have to make a claim at court to recover it.


Not sure what to do as I live in a shared house,

That causes more problems for the bailiff than it does for you.



and we have builders working on the property I'm worried they will give the officer access to the property.
Everything that follows will be invalid. Nash v Lucas [1867] 2 QB 590, A bailiff may not encourage a third party to allow the bailiff access to a property. Access by this means renders everything that follows invalid. The use of a landlord's key to gain entry is unlawful, Miller v Curry [1893] likewise if the key is found but is not in the lock, entry would be unlawful, Welch v Krakovsky [1919]. Improper use of keys to gain entry is illegal, Alford v Thrupp [1906] 67 EG 226. If a key is in the lock, the bailiff may gain entry using the key, Ryan v Shilcock [1851] 7 Exch 72


Here is how to put an end to the enforcement: http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

abs1972
Posts: 2
Joined: 15 May 2017 15:33

#3 Re: Marston Notice

Post by abs1972 » 15 May 2017 20:03

thanks, for the details - its a great help.

The notice of enforcement was sent to me new address, but the jugement was at my old address. which i never got. How do i stay the writ?

We are going to try and make payment direct to the creditor tomorrow. The cut off for enforcement notice was 5pm today will that make any difference?

Thanks for clearing up the details on the buliders, they start work this week and a taking an external wall down that would make the house open with no locked door on it (straight access into the lounge)

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Schedule 12
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Location: London WC2
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#4 Re: Marston Notice

Post by Schedule 12 » 15 May 2017 20:54

abs1972 wrote:
15 May 2017 20:03
thanks, for the details - its a great help.

The notice of enforcement was sent to me new address, but the jugement was at my old address. which i never got. How do i stay the writ?
This explaint how. Or you I can prepare your documents for a low-cost fixed fee.


We are going to try and make payment direct to the creditor tomorrow. The cut off for enforcement notice was 5pm today will that make any difference?
No. The address is wrong.


Thanks for clearing up the details on the buliders, they start work this week and a taking an external wall down that would make the house open with no locked door on it (straight access into the lounge)
It wouldn't help the bailiff. Just get the writ stopped otherwise they will royally screw you over with their fees.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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