# Urgent advice needed



## Mindis

This morning I have received letter through a letter box from the ''marston high court enforcement officers''. It states that I have outstanding debt of almost £800 ???? I am not aware of any depts, and surely I would get letters from who I own ???? I have tried ringing numbers which are on the letter but it even doesn't connect.
What should I do? What can I do?
Thanks


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## Kimo

Errrr it's probably a scam and costing you a lot of money to call the numbers ...


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## Andyg_TSi

Citizens advice bureau maybe able to offer help.

Other than that, is there a website address on the letter to try and contact someone.

Just make sure it's not a scam


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## Mindis

https://marstongroup.co.uk

this is website, looks legit, but can't find many number in there, only payment lines which doesn't connect or email address.


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## Natalie

What number have you got to call?


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## Simz

https://marstongroup.co.uk/customer-support/contact-us/


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## Hugos

Marston deal alot with council tax debts, council parking fines, HMRC- do not ignore them or it may make things worse - This company is not a scam they are Bailiffs.

try the contact numbers on here https://marstongroup.co.uk/customer-support/contact-us/

hope this helps


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## Natalie

Say no to 0870 gives a landline number of 01706 436150


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## Mindis

there is just 2 number on the letter, one for the automated payment line and second for the operator assisted payment line. None of them connects.


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## Natalie

Mindis said:


> there is just 2 number on the letter, one for the automated payment line and second for the operator assisted payment line. None of them connects.


Which number you have to call should determine if it's council tax, high court or something else looking at their site.


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## Simz

Might ease your mind

http://www.counciltaxadvisors.co.uk...f4H9naDnbNUZAMuMVjAsoUtqZ3kZg_6nSARoCjF3w_wcB


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## Mindis

On the ''contact us'' page they almost all automated payment lines. Have tried all of the numbers and it does't connect ???


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## Natalie

Mindis said:


> On the ''contact us'' page they almost all automated payment lines. Have tried all of the numbers and it does't connect ???


have you tried this one?



Natalie said:


> Say no to 0870 gives a landline number of 01706 436150


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## Tricky Red

Marstons are a well known bailiff company. Our solicitors have used them for a long time to execute business judgments.


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## Kimo

They may be well known but then it's easier to forge a letter from them and add your own premium rate number 

Just like PayPal and bank scams ...


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## Hugos

1st thing to do is try to speak to Marston and try and find out what the debt is from.
The debt level may have been low to start with but with added fees it rises quickly.
In the meantime if anyone from Marston turns up DO NOT let them into your house.


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## Will_G

Having had a quick google search the advice there is to phone your local magistrates court and ask for contact details for the HMCTS Enforcement Manager and then speak to them and try find any reason for the debt.


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## Hugos

Try this number 0845 074 3749 - option 2 i think will get you to someone


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## Mindis

Managed to get through to them, but all they are saying is that dept is because I didn't have insurance on the 2nd of Sept 2015. But the thing is that I am still with the same insurance company from the beginning of May 2015.
And they are not discussing any details with me. Make no sense what so ever.


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## Tricky Red

The only way that Marstons would get involved is through non payment of debt, end of. 

They have to disclose to you the nature of the debt or give you information on the judgment they are enforcing. 

Not having insurance is not a reason for them to be involved. If you hadn't paid premiums your insurance would be cancelled. They wouldn't instruct bailiffs.

BTW, the debt would usually be considerably less as the bailiff's margin is added on in letters.


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## Mindis

My insurance isn't canceled, I am still paying for it. Makes no sense.


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## Tricky Red

Mindis said:


> My insurance isn't canceled, I am still paying for it. Makes no sense.


Have you recently moved in?


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## Kerr

Mindis said:


> Managed to get through to them, but all they are saying is that dept is because I didn't have insurance on the 2nd of Sept 2015. But the thing is that I am still with the same insurance company from the beginning of May 2015.
> And they are not discussing any details with me. Make no sense what so ever.





Mindis said:


> My insurance isn't canceled, I am still paying for it. Makes no sense.


At a guess, your previous insurance company had an automatic continuation of policy, meaning it would renew if you didn't give them written notification.

They've tried to take payments from your account and failed.

You've since then defaulted on 3 monthly installments hence now action is being taken.

It could be completely wrong, but that's what I'm guessing.

You'll know your current insurer, you'll know your last. Call both of them to get to the bottom of it.


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## Tricky Red

Reason I ask is that we received something similar 6 or 7 years ago and the notice was for the previous addressee who had moved 4 years earlier! 

But, if your name is on there, rather than, say, The Owner etc, then you need to resolve it.


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## Tricky Red

Kerr said:


> At a guess, your previous insurance company had an automatic continuation of policy, meaning it would renew if you didn't give them written notification.
> 
> They've tried to take payments from your account and failed.
> 
> You've since then defaulted on 3 monthly installments hence now action is being taken.
> 
> It could be completely wrong, but that's what I'm guessing.
> 
> You'll know your current insurer, you'll know your last. Call both of them to get to the bottom of it.


The OP should have had several letters, a Claim Form from the Court, a final demand etc before Bailiffs would have been instructed.....


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## Will_G

As I said earlier phone the Magistrates court and ask. If Marstons aren't giving you any info I'm sure the court will. Just ask specifically for the Enforcement Manager


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## m4rkymark

are you sure your not being scammed?


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## m4rkymark

Mindis said:


> Managed to get through to them, but all they are saying is that dept is because I didn't have insurance on the 2nd of Sept 2015. But the thing is that I am still with the same insurance company from the beginning of May 2015.
> And they are not discussing any details with me. Make no sense what so ever.


tell them you do have insurance and you have a policy to prove it.


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## slim_boy_fat

Kerr said:


> At a guess, your previous insurance company had an automatic continuation of policy, meaning it would renew if you didn't give them written notification.
> 
> They've tried to take payments from your account and failed.
> 
> You've since then defaulted on 3 monthly instalments hence now action is being taken.
> 
> It could be completely wrong, but that's what I'm guessing.
> 
> You'll know your current insurer, you'll know your last. Call both of them to get to the bottom of it.


At a guess, I think Kerr has hit the nail.......


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## Mindis

I have told them that I have an insurance with the same company for almost a year, but they didn't want to hear any of that.
I have canceled my last insurance via phone.
This is my first letter regarding this matter, as mentioned previously, I haven't received any claim forms or any final demands. My surname is spelled with mistakes on the letter that I have received this morning. 
I have stayed long enough in this address regards this matter. 
I've seen citizen advise bureau, and they thought that it's very strange that I haven't received any letter prior to this. 
Also on the letter it states that it was ''fine'' ??? Police never stopped me ??? Could someone give false details???


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## Puntoboy

Have you tried contacting your previous insurance company? Confirm they cancelled it.


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## Natalie

Mindis said:


> Also on the letter it states that it was ''fine'' ??? Police never stopped me ??? Could someone give false details???


Fines aren't always from the police though, it could be from a parking company or for non-payment of tv license etc...

You need to get to the bottom of this quickly otherwise additional charges will be added on to the amount owing.

(I watch far too much "Can't pay we'll take it away"  )


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## Mindis

they told me, it's because I was driving without insurance on the 02/09/2015. I had insurance and I still have insurance with the same company.


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## Puntoboy

Mindis said:


> they told me, it's because I was driving without insurance on the 02/09/2015. I had insurance and I still have insurance with the same company.


Time to speak to the Police then. Take your insurance documents with you. They should be able to check the computer and find out which force issued it.


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## Natalie

Mindis said:


> they told me, it's because I was driving without insurance on the 02/09/2015. I had insurance and I still have insurance with the same company.


Possibly done through ANPR then if you weren't stopped? Would have assumed you'd get a letter about it though?

I'd do as Puntoboy says and go to your local station and ask them.


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## Kerr

Mindis said:


> they told me, it's because I was driving without insurance on the 02/09/2015. I had insurance and I still have insurance with the same company.


You can't get a fine for the offence of driving without insurance without going to court. You'd need to be charged and appear in court before a punishment could be given. If you didn't know or ignore court appearances, the police would soon be at your door.

I also doubt someone has used false details. Appearing in court under someone else's name is a very serious matter. They'd get the jail for that.

Have you contacted the court to see what the order is as Will G has asked? Have you spoken to your previous insurer?

Put your registration plate in here and it'll tell you if your car appears on the motor insurance database.

http://ownvehicle.askmid.com/


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## justina3

I had something similar a few years back, I argued the court papers where never served, and went to my previous address this was for a rental property where the tenant told the council he had moved out and i should have been paying, once I got the court details i was able to form a defense. Its not rocket science if you have done nothing wrong then dont panic, the can threaten all they like water of a ducks back.


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## uruk hai

You need to speak to your local Magistrates court, you could have been fined in absence and beleive me it happens all the time. Marstons are used by the courts and if you were fined in absence the local central accounts office for fines would have turned it over to the collection agent when the debt was unpaid after a certain amount of time.

Marstons should hold and give you details on the debt, including when, where and how it was incurred but sadly they're rarely helpful as they want the money and not to help you. If as you say you were completely unaware of any of this until the enforcement letter turned up you may be able to take what is called a "statutory declaration" you will have to speak to and arrange it with the relevant Mags court and there is a time limit on how long you have to take it unless the circumstances are exceptional. If it possible to take a stat Dec then that will involve you swearing on oath that you were unaware of any of this and if you had been you would have dealt with it at the earliest opportunity, if you get to go to court take any and all relevant and supporting documentary evidence to prove you were insured. If all is successful the court should instruct the baliffs and the debt to them will be wiped out.


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## Mindis

Thanks everyone for the help. 
I will update this thread once I will know more.


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## uruk hai

Just to add that this sounds like the sort of case that is brought by the DVLA, hundreds, perhaps thousands are heard in the courts every week and for various reasons only about 15% of those involved turn up, the rest are dealt with and either fined in absence or adjourned for trial or another hearing.


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## Bero

Natalie said:


> Fines aren't always from the police though, it could be from a parking company or for non-payment of tv license etc...
> 
> You need to get to the bottom of this quickly otherwise additional charges will be added on to the amount owing.
> 
> (I watch far too much "Can't pay we'll take it away"  )


The place you can get a fine from is the court.


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## Mindis

uruk hai said:


> Just to add that this sounds like the sort of case that is brought by the DVLA, hundreds, perhaps thousands are heard in the courts every week and for various reasons only about 15% of those involved turn up, the rest are dealt with and either fined in absence or adjourned for trial or another hearing.


But the biggest deal is that I haven't anything what so ever prior to this letter this morning. And it already states that it's reminder.


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## uruk hai

I completely accept what you're saying, it happens too often ! As I said try to speak to you're local Magistrates court, find out where the case was heard you can then try to get to the bottom of what ever may have happened ?


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## David_W

As has been said, if this relates to a fine for Driving without Insurance, you appear to have been convicted of that offence in your absence. The correct procedure is to get the matter reopened by making a Statutory Declaration.

You should check your driving licence status online via View Driving Licence as a matter of urgency, especially if the address DVLA hold for you is out of date. Any sentence for Driving without Insurance is likely to include penalty points, which would likely result in a letter from DVLA asking you to surrender your licence for endorsement if you did not hand your licence to the convicting court (which you cannot have done, as you knew nothing about any court hearing). If you did not comply with DVLA's request, it is possible that your licence has been revoked and, as a result, you do not currently hold a valid driving licence. If View Driving Licence does not show a valid licence, you must not drive until your licence is reinstated.


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## Will_G

This seems to have went quiet quickly. Any updates?


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## rojer386

I've just read this thread and there a lot of good reason as to "why" this may have been issued. 

You can receive a fine for no insurance without going to court BUT, it would be in the form of a Conditional Offer Fixed Penalty notice issued by the police. I'm sure you would remember getting one of them because the police would have also seized your car.

Have you had any explanation yet as to why this has been sent to you?


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## m4rkymark

come back and update us mindis...

someone I know has had something similar happen to them over the weekend - they have been contacted by a debt agency about something they allegedly didn't pay however he has all documentation from DVLA saying the matter was settled but he has decided to ignore the debt agency and is waiting to hear from DVLA when he is going to court. His has definitely not been to court but he has also been told he has been fined for the offence but he knows this to be an absolute lie and that the court have never issued a fine against him.


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## AdamC

Interesting. Maybe just scare tactics from companies out there thinking they can just scare people into paying up. Would be interested to know what happened in this case.


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## Bero

Kerr said:


> At a guess, your previous insurance company had an automatic continuation of policy, meaning it would renew if you didn't give them written notification.
> 
> They've tried to take payments from your account and failed.
> 
> You've since then defaulted on 3 monthly installments hence now action is being taken.
> 
> It could be completely wrong, but that's what I'm guessing.
> 
> You'll know your current insurer, you'll know your last. Call both of them to get to the bottom of it.





slim_boy_fat said:


> At a guess, I think Kerr has hit the nail.......


Not possible, the insurance company cant start action, and there is no offence to not renew or not inform your old insurer what you're doing.

There would need to be a car, and it would have to be proven beyond reasonable doubt in court before these people came after you.

OP - It looks like the company are looking for someone with a name very similar to yours at your address. It's obviously not you as your name is different :lol:.....


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## Cookies

I've just read through this and I misunderstood at the outset. Mindis said it was because he didn't have insurance on 2nd Sept (post #19) - I thought the fine was for non payment to the insurance company. 

Post 33 then states that is was because he was driving without insurance which makes much more sense. It'll either be for non payment of a fixed penalty notice which would have had to have been issued by a Police Officer in person, or a fine issued by a court as a result of a hearing. 

Either way, Mindis should know about it. If not, there's something very odd going on. 

Cooks


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## Kerr

Bero said:


> Not possible, the insurance company cant start action, and there is no offence to not renew or not inform your old insurer what you're doing.
> 
> There would need to be a car, and it would have to be proven beyond reasonable doubt in court before these people came after you.
> 
> OP - It looks like the company are looking for someone with a name very similar to yours at your address. It's obviously not you as your name is different :lol:.....


All the insurance policies I've had for years have an automatic continuation. They all state they will take the money from my account if I don't notify them I'm leaving. My policy is only a small amount so I pay in one go. Other people pay in instalments with a credit agreement, usually external finance companies too. So if the policy starts the credit company pays the insurance company and would be wanting their money back if it was cancelled.

I originally guessed it was for non payment of insurance and a debt for not paying a credit agreement. That was just a guess due to the circumstances. The OP later changed the reason for the debt recovery. It kind of made sense with the dates and confusion at the time.

Sounds like it is something different now. I didn't realise that an offence could get all the way through the court system without the accused knowing. It'd be good to get the full story from the OP.

He's been back, but hasn't said anything. I wonder if he's realised he's made a silly error somewhere?


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## slim_boy_fat

Kerr said:


> All the insurance policies I've had for years have an automatic continuation. They all state they will take the money from my account if I don't notify them I'm leaving. My policy is only a small amount so I pay in one go. Other people pay in instalments with a credit agreement, usually external finance companies too. So if the policy starts the credit company pays the insurance company and would be wanting their money back if it was cancelled.
> 
> I originally guessed it was for non payment of insurance and a debt for not paying a credit agreement. That was just a guess due to the circumstances. The OP later changed the reason for the debt recovery. It kind of made sense with the dates and confusion at the time.
> 
> Sounds like it is something different now. I didn't realise that an offence could get all the way through the court system without the accused knowing. It'd be good to get the full story from the OP.
> 
> He's been back, but hasn't said anything. I wonder if he's realised he's made a silly error somewhere?


^ This


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## Mindis

Well after some time we have finally found out what happened, long story short, it's mine fault. Almost a year ago I had a moped and when insurance run out, I was selling it. So the fine was for not having insurance on the moped ( I didn't use it, it was mot'd and had road tax and on a drive). Magistrates court agreed that they have sent all the letters to the wrong address. After a lot of calls - I have to go to my local court to defend my self.


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## Cookies

That's bizarre. The Gov.UK website states "You must have motor insurance to drive your vehicle on UK roads."

So unless you were caught using the moped on the road, the presumption of innocence sits in your favour. 

Let us know how you get on. 

Cooks


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## Mindis

I was told by magistrates court that it's new legislation that car must be insured or sorn'd and DVLA didn't communicate this enough.


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## Kerr

That's harsh for a moped on the drive. 

I'd guess the DVLA operate a zero tolerance approach now with the amount of people abusing the system. 

What does it mean with the earlier court case? Have you checked your credit history to see if they've ruined your credit rating?


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## Cookies

Aah, that's under the 2011 Continuous Insurance Enforcement legislation.










That's seriously unfortunate if the notifications have been sent to an incorrect or previous address.

Cooks


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## Mindis

no, I haven't checked my credit history, I hope it's still ok as we are looking for a new house. On the bailifs letter my surname wasn't spelled correctly so I hope I am still ok.


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