Good evening all,
A little help if possible
I got a letter from Marstons regarding a parking fine,
I called to offer an arrangement of £10 a month attached an income & expenditure form
They refused this payment plan and stated they would need a £30 down payment today and x2 £79
I advised if I could only afford £10 a month then I won’t be able to afford this simple as that
They refused my offer of payment due to “guidelines”
Can Marstons refuse offer of a payment plan?
What can I do next? As they are now stating if a plan is not in place by 1st April enforcement agents would be sent?
Marstons Refused payment offer
Re: Marstons Refused payment offer
Bailiff firms often dictate repayment terms to their advantage, particularly when they know there's no vehicle to take. Otherwise, they would have acted promptly after the 7-day notice period.
There aren't clear directives specifying the criteria for refusing payment offers. Notably, the published standards, namely The Taking Control of Goods National Standards, pertain to "enforcement agents" rather than limited companies masquerading as such.
An inconsistency arises with Marston, registered as Marston (Holdings) Limited, yet commonly known as "Marston Recovery". Operating from Cambridge House, Cambridge Road, Harlow, CM20 2EQ, they often use PO Box addresses. Legally, a limited company cannot assume the role of an "enforcement agent" as defined by Section 63 of the Tribunals Courts and Enforcement Act 2007, which designates this position for individuals. Consequently, "Marston Recovery" lacks the authority to demand payment or deposit funds into its accounts.
On a brighter note, bailiffs are prohibited from forcibly entering private residences to recover unpaid fines, as stipulated in Paragraph 18(a)(1)(d) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. Thus, if a representative from "Marston" arrives and encounters a locked door, their options are limited to finding a debtor's vehicle.
While engaging with the creditor is advisable, if they redirect you to the bailiffs, you can postpone action until the bailiff returns the debt unpaid to the creditor.
In the interim, you can take proactive measures to safeguard against bailiff actions:
https://www.nationalbailiffadvice.uk/Pr ... Goods.html
There aren't clear directives specifying the criteria for refusing payment offers. Notably, the published standards, namely The Taking Control of Goods National Standards, pertain to "enforcement agents" rather than limited companies masquerading as such.
An inconsistency arises with Marston, registered as Marston (Holdings) Limited, yet commonly known as "Marston Recovery". Operating from Cambridge House, Cambridge Road, Harlow, CM20 2EQ, they often use PO Box addresses. Legally, a limited company cannot assume the role of an "enforcement agent" as defined by Section 63 of the Tribunals Courts and Enforcement Act 2007, which designates this position for individuals. Consequently, "Marston Recovery" lacks the authority to demand payment or deposit funds into its accounts.
On a brighter note, bailiffs are prohibited from forcibly entering private residences to recover unpaid fines, as stipulated in Paragraph 18(a)(1)(d) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. Thus, if a representative from "Marston" arrives and encounters a locked door, their options are limited to finding a debtor's vehicle.
While engaging with the creditor is advisable, if they redirect you to the bailiffs, you can postpone action until the bailiff returns the debt unpaid to the creditor.
In the interim, you can take proactive measures to safeguard against bailiff actions:
https://www.nationalbailiffadvice.uk/Pr ... Goods.html