Marston Holdings Debt Recovery – Should You Pay?

Are you concerned about Marston Holdings Debt Recovery claiming you owe money? Are you scared they might take your things away?

Don’t worry, you are in the right for answers. Every month, more than 170,000 people come to our website for guidance on debt problems, just like you are doing now.

In this guide, we will talk about:

• How to know if the money Marston Holdings says you owe is really yours.
• What you can do if Marston Holdings is asking for too much.
• How to stop Marston Holdings from coming to your house.
• Ways to make a plan to pay them back bit by bit.
• If you can make some of your debt go away.

Citizens Advice estimate households owe approximately £18.9 billion in unpaid bills such as council tax and utilities¹. So, if you’re struggling with debt and are scared of bailiffs, rest assured, you’re not alone.

Some of our team members have been there too. With our experience, we’ll help you find out how you can deal with Marston Holdings Debt Recovery.

Why Are They Contacting You?

Marston Group might give you prior warning in writing or through calls if they are going to turn up at your door and demand payment. 

Under the Tribunals, Courts and Enforcement Act 2007, an agent must give you seven days notice of their first visit.

So in most cases, the Marston Group will not give you specific notice after that first visit as providing these details could impede their chances of recovering the debt or your possessions successfully.

If you have been to court about your debt and have still not paid after a CCJ², you could expect Marston Group to come calling. This is even more likely if you owe money to the UK Government or a local council due to council tax arrears or parking fines. 

They may turn up at your property in the early morning.

Sometimes, this is more practical to them as they know you are not yet out of the door to work or to complete your daily tasks. However, they do visits throughout the day, so you may genuinely not be home when they call.

» TAKE ACTION NOW: Get legal support from JustAnswer

You should not ignore any communication from Marston Holdings as things can quickly get much worse for you.

Regular communication with Marston Holdings is much more likely to get you a repayment plan with them that you can work with.

You might be wondering if a law enforcement officer can come to your place of work? We answer this question on a dedicated blog you can read here.

The short answer is no they cannot, simply because it would disclose you have a debt to other people, which is a breach of privacy laws and a criminal offence. 

What Should You Do If They are Coming?

We understand that lots of people cannot afford their debts, and getting a judge to ask you to pay your debts doesn’t change that fact.

Therefore, we understand why lots of people continue to not pay after going to court.

The unfortunate reality is that if you do or cannot pay your debts, then bailiffs are a real possibility at this late stage. 

You might have to make a bigger payment upfront to prevent them from choosing to repossess items instead.

Our financial expert, Janine Marsh, advises: ‘If a bailiff has proven you owe money and you don’t have cash to hand, you’re within your rights to suggest a payment plan. It’s not a guarantee, but many will accept this as it’s easier than repossession.

Beware of Fake Letters

Strictly speaking, Marston Holdings should not be sending out fake letters threatening court action.

However, there are plenty of blog posts and stories online of people receiving letters from Marston claiming to be in possession of Magistrates Court Orders, when the “debtor” has no idea why.³

In this case, rather than contact Marston Holdings straight away, it might be wise to contact HM Courts & Tribunal Service. They are responsible for Warrant Officers, Court Bailiffs, and the like.

They should be able to clear up what’s going on.

It’s important to note that the FCA state that a bailiff must not misrepresent their authority or legal position, and cannot suggest that an action may be taken where it legally can’t ⁴.

Seeking guidance from the appropriate authorities can help ensure your rights are protected and prevent any undue stress or misinformation.

Can the Agents Force Entry?

Marston Group agents can force entry to your home providing they use reasonable force, but please note that the collection agency they are working for or the original creditor you owe money to can never enter your property.

These behaviours would be breaking the law.

Using reasonable force to enter your property is only allowed by enforcement officers. Only Marstons Bailiffs can force entry, not the company they work for.

What Rights Do You Have Against Bailiffs?

No Enforcement Agent can force their way into your home until they have already been allowed inside.

Even if they do use force to enter the second or even third time they visit, the force needs to be reasonable.

Keep in mind that the first time Marston visit you in your home, they will probably try to sort out a repayment plan. This means that you will only be visited by them again if you cannot stick to the payments that you agreed to.

Marston can go to any property where you live, as long as that is in England or Wales.

If your goods are being stored somewhere else then they may also visit that location. If they reasonably believe that your things are being stored not in your home, they will need a court issued warrant to do anything.

If you are someone who is self-employed then Marston may visit you in your place of work.

If, however, you are employed by someone else then they should not be looking for you at your workplace.

One other thing that Marston can do is use details from the DVLA to identify your car. Once they have identified it, they can take it away if you have parked or left it on a public highway.

They can actually take away any goods that you leave on a highway but is most often used for cars.

Know Your Rights

We’ve put together this table to help you better understand your rights when dealing with bailiffs. If you’d like to learn more, make sure to read our complete guide.

Bailiffs Can	But They Can’t
Call and visit your home multiple times, any day of the week.	Visit your workplace (if you are not self-employed)
Take items from your home. These items have to be considered ‘luxury’.	Take essential items from your home. This includes beds, clothing, and work equipment.
Use ANPR technology and DVLA information to locate your car and take it.	Enter your home without permission unless they have a warrant to force entry for a CCJ.
Peacefully enter your property.	Harass or threaten you.
Issue notices to those who owe a debt.	Take items that belong to someone else. However, they may be able to seize jointly owned property.
Offer to conduct a Virtual Controlled Goods Agreement (rather than in-person). This will typically be offered to vulnerable people.	Sell goods they have seized at auction until seven clear days have passed.

How to Stop Bailiffs

The most effective way to stop Marston Bailiffs is to start paying back your debts.

If you can afford to pay them, either in full or via a payment plan, then that’s normally the best course of action.

If you need to organise a payment plan, you could reach out to a charity like StepChange who’ll be able to help you negotiate it with your creditor.

Another option is to find out whether there are any debt solutions that you could use to lower your monthly repayments or write off some of the debt. They’re not right for everyone but you could find out more about them by filling out our form.

Marston Holdings Contact Details

Website:	https://www.marstonholdings.co.uk/marstonrecovery/
Contact numbers:	0333 320 1822
	0333 320 2530 (Council Tax or Child Maintenance debt)
Email Address:	[email protected]
Online Enquiry Form:	https://www.marstonholdings.co.uk/marston-customer-enquiry-form/
Contact by post:	Marston, PO Box 12019, Epping, CM16 9EB

References

1. Citizens Advice – Debt Statistics and Bailiff Issues
2. StepChange – CCJ
3. Legal Beagles – Mystery letter from a company called MARSTON
4. FCA Handbook – CONC 7

Schedule 12, Tribunals, Courts and Enforcements Act, 2007

Part 1, Regulation 10, Certification of enforcement agents, 2014.

Gov.uk, CPR – Rules and Directions, 2018.