Zip Car & Marston

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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#1 Zip Car & Marston

Post by QSbailiffhelpforum » 06 Dec 2017 15:49

Hello,

I have this debt in my hands its destroying my life and family life. I dont know what to do.

Ongoing for about 1 year.

Original debt £600 odd

I was out of a job and could not pay Zip Car as a result, it was passed onto Marston HCO. They have chased me for nearly a year, the debt went to £1,000

I paid about £500 towards the £1,000 over two months (had an agreement of £250per month but then lost job, they came to my house I was not in. The debt has gone to £850 now.

I no longer can afford I have no money, I count pennies to get a haircut just for the job interviews I have secured.

I am living at my parents home and its causing me so many issues as they are threating to come with a warrant for entry to take goods from the house.

What do I do? I had an agreement I was paying, I lost my job, I said give me till February they ar not interested.

Please, please help me I am on my last knees. I pay then the debt increases I pay again then increases again I am in a spiral I cannot get out of.

Sorry if I am not expressing gratitude in this message for your help. I am very thankful just really stressed.

CCJ is in my name, also why is there High Court sending beliefs down for consumer debt is this allowed?

Thanks,

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#2 Re: Zip Car & Marston

Post by Pote Snitkin » 06 Dec 2017 16:09

Got to admit, had to Google 'Zip Car'. Is this linked to your previous thread? viewtopic.php?f=5&t=4871

Not quite sure what's going on with the fees - it's possible that one bailiff company started enforcing, added their fees, got some money off you then gave up. A second bailiff company then took over and the fees were added again. Only guessing though.

You need to gather up all the paperwork so we can see exactly what's going on.

In the meantime, the bailiff cannot force entry for this type of debt and as long as you have nothing of value in your name outside (eg car, bike, etc) then there is little the bailiff can do.

Not sure why you think the bailiff cannot enforce - I don't think the Consumer Credit Act would govern Zip Car.

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#3 Re: Zip Car & Marston

Post by QSbailiffhelpforum » 06 Dec 2017 16:13

Pote Snitkin wrote:
06 Dec 2017 16:09
Got to admit, had to Google 'Zip Car'. Is this linked to your previous thread? viewtopic.php?f=5&t=4871

Not quite sure what's going on with the fees - it's possible that one bailiff company started enforcing, added their fees, got some money off you then gave up. A second bailiff company then took over and the fees were added again. Only guessing though.

You need to gather up all the paperwork so we can see exactly what's going on.

In the meantime, the bailiff cannot force entry for this type of debt and as long as you have nothing of value in your name outside (eg car, bike, etc) then there is little the bailiff can do.

Not sure why you think the bailiff cannot enforce - I don't think the Consumer Credit Act would govern Zip Car.

Yes its with the other thread. What can I do about this one? - thank you I saw a thread about you saying to some else else do a N422 form?

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#4 Re: Zip Car & Marston

Post by Pote Snitkin » 06 Dec 2017 16:17

Although it sounds like a default judgement (given if you don't attend) unless you have reason to challenge the debt I don't think the N244 would be of benefit.

If you accept you owe the debt but want time to pay then you need to complete the N245 form. Follow the guidelines in this link - https://www.gov.uk/county-court-judgmen ... e-judgment

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#5 Re: Zip Car & Marston

Post by QSbailiffhelpforum » 06 Dec 2017 16:29

Pote Snitkin wrote:
06 Dec 2017 16:17
Although it sounds like a default judgement (given if you don't attend) unless you have reason to challenge the debt I don't think the N244 would be of benefit.

If you accept you owe the debt but want time to pay then you need to complete the N245 form. Follow the guidelines in this link - https://www.gov.uk/county-court-judgmen ... e-judgment

Thanks I have just looked at my records the debt was
£627.25
then passed onto Martsons CCJ to
£1601.04
I paid money leaving the balance of £700
Today the balance has gone to £850

So I have nearly paid twice, because of its a spiral because of their visits when I cannot pay. Apart from that form above can I not do anything else as this is a real spiral?

Thanks

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#6 Re: Zip Car & Marston

Post by Pote Snitkin » 06 Dec 2017 16:42

You need to get that N245 sent in - that will take the bailiffs out of the loop (and removes any other fees they've added) and allow you to pay at an affordable rate. I'm struggling to see how Marston's have come to that figure for fees, so you need to ask for a full breakdown. Don't be scared of them, they cannot force entry or take anything that's not yours.

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#7 Re: Zip Car & Marston

Post by QSbailiffhelpforum » 06 Dec 2017 16:46

Pote Snitkin wrote:
06 Dec 2017 16:42
You need to get that N245 sent in - that will take the bailiffs out of the loop (and removes any other fees they've added) and allow you to pay at an affordable rate. I'm struggling to see how Marston's have come to that figure for fees, so you need to ask for a full breakdown. Don't be scared of them, they cannot force entry or take anything that's not yours.
Thanks Pote I will do that, how long before its processed? Any idea? Also once I do this, can I reclaim the money from Martons?

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#8 Re: Zip Car & Marston

Post by Pote Snitkin » 06 Dec 2017 16:50

Get the breakdown of what fees they've added then we can see what you can get back.

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#9 Re: Zip Car & Marston

Post by QSbailiffhelpforum » 06 Dec 2017 16:53

Pote Snitkin wrote:
06 Dec 2017 16:50
Get the breakdown of what fees they've added then we can see what you can get back.

Great thanks I am am assuming all the info n245 warrant no claims name etc I get from Martons? Also the court is COUNTY COURT MONEY CLAIMS CENTRE from my credit history do I sent to these guys?

Thank You so much. I think I can have a relaxing evening with lots of homework because of you.

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#10 Re: Zip Car & Marston

Post by Pote Snitkin » 06 Dec 2017 17:14

Martson's should have all the info, but gather up all paperwork you have about this and all your debts - you might qualify for a Debt Relief Order (DRO) - https://www.gov.uk/options-for-paying-o ... ion-orders

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#11 Re: Zip Car & Marston

Post by Schedule 12 » 06 Dec 2017 17:49

An N245 still needs an N244. In part 3, apply to stay the writ and vary the judgment to paid off monthly.

That puts the mockers on the bailiffs and all thise fees. Download and complete a form EX160 when you put in your application.
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#12 Re: Zip Car & Marston

Post by QSbailiffhelpforum » 06 Dec 2017 18:02

Schedule 12 wrote:
06 Dec 2017 17:49
An N245 still needs an N244. In part 3, apply to stay the writ and vary the judgment to paid off monthly.

That puts the mockers on the bailiffs and all thise fees. Download and complete a form EX160 when you put in your application.
Thank you I will do this form tonight. What happens once submitted? What about the monies I have already paid Martsons, is this wasted ans they keep it? Its enough money to pay them twice over

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#13 Re: Zip Car & Marston

Post by QSbailiffhelpforum » 06 Dec 2017 18:03

Pote Snitkin wrote:
06 Dec 2017 17:14
Martson's should have all the info, but gather up all paperwork you have about this and all your debts - you might qualify for a Debt Relief Order (DRO) - https://www.gov.uk/options-for-paying-o ... ion-orders
Thank you I am doing this as I type, hopefully I can find the information without calling them. They really scare me, are we sure they cannot come to the house with premission from HCO and open the doors as they said?

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#14 Re: Zip Car & Marston

Post by Pote Snitkin » 06 Dec 2017 18:06

They can enter through an unlocked door. They cannot force entry.

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#15 Re: Zip Car & Marston

Post by QSbailiffhelpforum » 06 Dec 2017 18:29

Pote Snitkin wrote:
06 Dec 2017 18:06
They can enter through an unlocked door. They cannot force entry.
What he specifically said is apply for a warrant of entry. i'm assuming he meant come back with locksmiths because they have some warrant?

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#16 Re: Zip Car & Marston

Post by Pote Snitkin » 06 Dec 2017 18:44

Bailiffs often talk crap.

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#17 Re: Zip Car & Marston

Post by Schedule 12 » 06 Dec 2017 19:01

A warrant of entry is nothing to do with locksmiths.

The expression 'locksmith' is bailiff terminology for entering by force. That is a completely different power of entry. Bailiffs like to blur the line between warrant of entry and a power to enter by force.

It has been the practice of Marston Holdings to use a locksmith to interfere with the locks of a property, but its resulted in months of expensive litigation, which the bailiff must pay regardless the outcome of the proceedings.
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