What steps can Marston take to recover the amount owing?
Marston is able to take a number of steps to recover outstanding money owed to our client via the High Court. There are four stages to this process:
1. Compliance stage
This involves giving 7 clear days’ notice of enforcement if we have not received payment in full, which provides the amount and date by which payments should be made to avoid further action.
2. First enforcement stage
This will involve an attendance in order to try and take control of goods and obtain payment. If you are unable to settle in full, then a proposal might be made for settlement, depending on the value of any goods found at the address.
If you are unable to make payment in full, you can make a proposal to pay by instalments, upon which we will liaise with our client to seek approval and respond to you to you, but please bear in mind that we will ask you to detail out your income and expenditure and comply with your proposal whilst we take instructions.
3. Second enforcement stage
If no payment is received or a payment arrangement made is not strictly complied with, another visit will be made to your premises. If the balance which then falls due is not paid, or revised agreement reached, we will consider proceeding with a removal of the goods, with a view to sale.
If we find that we need to access the property, we will give you a minimum of 2 days clear notice. Please note that we do have a right of entry to recover goods that are subject to a taking control of goods agreement.
4. Sale and disposal stage
We will write to you to give 7 clear days’ notice of the pending sale, and you will be notified of when and where. Following the sale, you will receive a notice which will provide you details of the sale of the goods.