It is an offence to deliberately obstruct an enforcement agent when they are acting lawfully. It is also an offence to interfere with goods (your belongings) that an enforcement agent has taken control of. The maximum penalty for these offences is a prison sentence of up to 51 weeks, and/or a fine.
Some websites might tell you that by paying the creditor directly you can avoid enforcement fees. This isn't true, so don't be misled. If your debt is owed to a council, you can read confirmation from the Local Government Ombudsman here that enforcement fees must be paid.
This includes:
Magistrates’ courts fines.
Penalty Charge Notices - including but not limited to parking fines, road traffic contraventions (e.g. bus lanes, congestion charge, low emissions), Dartford Crossing and Mersey Gateway.
Liability orders issued by local authorities for unpaid council tax.
* VAT may be applicable to High Court fees.
If there is more than one court order being enforced at the same time, we must apply compliance fees for each. In this case, fees for other stages of enforcement will depend on when an Enforcement Agent receives instructions to act, and whether they can reasonably enforce multiple court orders at the same time (for example, taking control of goods in relation to multiple court orders at the same time, unless it isn't practical to do that).
In some cases, other expenses will apply, such as the cost of hiring a locksmith, storing belongings or selling belongings. The actual costs of these expenses will be charged as fees.
If there are any extra expenses, a court must agree to fees being added for these.
In some cases, only the compliance stage fee might apply even if the cases progresses to enforcement. This could happen if there is evidence during the enforcement stage that a customer is vulnerable, and was previously unable to communicate this.
If a court order was made before 6 April 2014, different fees will apply.
Enforcement agents have different powers to enter a property (or not enter), depending on the court order.
But you can choose to let an enforcement agent in so they can assess your situation for themselves.
Whatever you decide, it’s vital that you speak to the enforcement agent. Ignoring them won’t make the issue go away for ever, and could end up costing you more in fees.
Once a court order has been made, you must pay the enforcement company or agent. Sometimes people think that paying the creditor directly will stop fees being added. This isn’t true, so don’t be misled. The court order will remain in place until the debt and fees have all been paid.
The agent will ask you for proof that you own the goods in question. If you are unable to prove this at the time, and the enforcement agent takes control of your goods, you can provide your proof afterwards. The agent will pass this to our client (the creditor), and if they accept this we will release your goods back to you. If the creditor does not accept your proof that you own the goods you will need to ask the court to decide on this.
This includes:
Magistrates’ courts fines
Penalty Charge Notices issued by local authorities
Liability orders issued by local authorities for unpaid council tax
A letter, called a Notice of Enforcement, is sent to the customer. (The law uses the word ‘debtor’, but we say customer instead.).
This letter tells the customer who they owe money to, and how much. It also sets out the fees that can be charged for enforcement. The letter also includes details of free debt advice that is available.
Usually, no further action will be taken for at least seven days. This seven days doesn’t include Sundays or bank holidays. But a court can choose to reduce this waiting time.
There is a fixed fee for this stage of enforcement. Further information on fees can be found within these FAQs.
This is the next stage after the compliance stage. A case will go to enforcement stage if the debt and compliance fee haven’t been paid.
There is a fixed fee for this stage of enforcement. Further information on fees can be found within these FAQs.
The stage when an enforcement agent visits you if you haven’t replied to the Notice of Enforcement, or have asked to make a payment plan.
This stage begins if you don’t pay in full or can’t agree a payment plan at the first enforcement stage; or if you don’t keep to a payment plan agreed at first enforcement stage; or if you don’t keep to a controlled goods agreement.
If you give us proof that you live at the address, we will tell our client, and update our records. This proof (sometimes called ‘proof of residence’) can be a copy of an up to date utility bill, tenancy agreement or council tax bill. If it’s easier to take a photo of these on your phone and send that to us, that’s fine.
You can email these to us at generalenquiries@marstonholdings.co.uk.
The rules of how an enforcement agent can behave are set out in The Taking Control of Goods Regulations.
Our enforcement agents also follow standards set in the government's Taking Control of Goods: National Standards. This is a voluntary code of conduct which can be found here.
We also follow standards set by industry associations, such as the Civil Enforcement Association (CIVEA). CIVEA represents private certificated enforcement agents in England and Wales. Members must follow its Code of Conduct and Good Practice Guide which can be found here.
The High Court Enforcement Officers Association (HCEOA) represents authorised High Court Enforcement Officers. HCEOA also has published a Code of Practice, which our agents also follow which can be found here.
When we receive a warrant, we are provided with only a small amount of information about you. This is mainly information on how to contact you.
We won’t know about your current circumstances, so it’s important you tell us anything you feel we need to know that may affect your ability to pay the total amount you owe. We may be able to help.
This means an Enforcement Agent has visited you. It’s important that you the contact the Enforcement Agent as soon as you can to discuss payment. Make sure you use the telephone number written on the hand delivered notice.
If you don’t, your case will progress to the next stage of enforcement. This will mean a further visit from an enforcement agent and extra fees may be added to the total you owe.
Some websites will tell you that a court order isn’t valid unless you see an original or physical copy. This isn’t true, so don’t be misled.
Our enforcement agents will have a copy of the court order details on an electronic device. This meets the standards required by law. Alternatively, you can make an appointment with the court to view a copy.
Warrants, writs and liability orders are different types of court orders. If you are named on a court order, it means that an application has been made to the court asking it to tell you to pay money you owe.
If you didn’t pay the total you owe, including fees, then more fees might have been added. Fee information can be found within these FAQs.
You can give us permission over the phone or by letter to speak to someone else. The letter must be signed by the person giving their authority.
If it's over the phone, we will set up a password for you to share with the person you are happy for us to speak to. The length of time this permission lasts for depends on how it's been given.
To speak to one of our team to make a payment to get your vehicle back, phone 01992 803 030. Our opening hours are 9am to 5pm Monday to Friday, 9am to 1pm on Saturdays.
You can also email us using goods.removed@marstongroup.co.uk.
To speak to one of our team to make a payment to get your belongings back, phone 01992 803 030. Our opening hours are 9am to 5pm Monday to Friday, 9am to 1pm on Saturdays.
You can also email us using goods.removed@marstongroup.co.uk.
Marston - 24-hour automated payment line
Speak to Marston team to make a payment or to discuss your circumstances
Our opening hours are 8 AM to 8 PM Monday to Friday, 8 AM to 4 PM on Saturdays.
It is always quicker and easier to contact us by phone or email. If you do need to send us anything in the post, please send it to:
To pay by post, send a postal order, cheque or banker’s draft, made payable to ‘Marston’ to the address above. Make sure that you write your name and our reference number on anything you send us and if sending us a payment, on the back of the postal order, cheque or banker’s draft so we know what the payment is for.
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