I am a member of an organisation which is a Limited Company registered as a mutual society.

We had a visit two weeks ago(26 March) from a Marstons employee, informing us that he had a High Court Writ to seize goods and collect payment for a Supplier.

We have an ongoing dispute with the supplier regarding their breach of contract - and increase in fees after their takeover of a company we had previously dealt with.They said the Consumer Credit Agreement still stood! - they themselves terminated the contract, issued a default notice under the CCA 1974, in the sum of £395.11 obtained a default judgement in the sum of £2958 plus costs and then escalated via Marstons to the High Court.

We had no paperwork at all from the Courts, suppliers or Marstons about this and had no knowledge until the HCEO arrived. (I have since obtained this from the Courts) We refused him entry to the premises (commercial) it was 7pm in the evening and I was brought down to the premises after a phone call saying someone was on the premises.

I told him I was paying nothing until I had evidence from the courts ( he wouldn't show me the writ) but handed me a prescribed form 55 with two items listed saying he had seized the goods. He didn't execute his levy correctly as the WPA was not signed.

The next morning I emailed Marstons, the supplier telling them that they were in breach because a debt cannot be enforced in the High Court if it originates from a Credit Agreement (I think I'm right here) We heard nothing until Monday last week, with a WPA attached to a letter from marstongroup saying we had 48 hours to sign and return, this was not done. Meanwhile, I compiled all the information with an N244 with a witness statement and supporting documentation, and obtained the procedures from both the High Court and County Court of what to do.

Today another officer from Marstons arrived with the new set of Controlled goods forms and entered through an open door and took an inventory of the small amount of assets we had. This was scribble signed by me. He then wanted me to pay the full amount to stop him seizing goods. I said we would pay only the amount of the Default Notice, not the CCJ and had filed the forms with the courts and were awaiting them back.

He rang his office who stated they wanted half of the now £3600 debt immediately in cash, or I could get friends to use their debit/credit cards!!!!!!I said no and after an hour or two stand off, he agreed to the £395 payment with a verbal agreement (recorded by him of course) to which I'm made clear a monthly payment would be made commencing 28 days later, on the understanding that it would be paid only pending the stay being granted by the court.

I went to the court this afternoon, it was closed until 10am tomorrow! any advice on what to say or do next please! is it a case of waiting for the judge to decide on the stay!

Apologies for the length of this.

Thread moved to the appropriate forum.

Regards

Andy

Thank you, where will I find it?

You are there now....

Debt subforums:-Enforcement Agents (Bailiffs & High Court Enforcement Officers)

Andy

Ok, sorry to be so dumb! Thank you

I need some help please.

Our experts should be along shortly now you are located in the right forum.

I am a member of an organisation which is a Limited Company registered as a mutual society.

We had a visit two weeks ago(26 March) from a Marstons employee, informing us that he had a High Court Writ to seize goods and collect payment for a Supplier.

We have an ongoing dispute with the supplier regarding their breach of contract - and increase in fees after their takeover of a company we had previously dealt with.They said the Consumer Credit Agreement still stood! - they themselves terminated the contract, issued a default notice under the CCA 1974, in the sum of £395.11 obtained a default judgement in the sum of £2958 plus costs and then escalated via Marstons to the High Court. We had no paperwork at all from the Courts, suppliers or Marstons about this and had no knowledge until the HCEO arrived.If you did not received the claim pack and were in effect denied the right to defend /counterclaim then you can apply to have the Judgment set aside. (I have since obtained this from the Courts) We refused him entry to the premises (commercial) it was 7pm in the evening and I was brought down to the premises after a phone call saying someone was on the premises.

 

I told him I was paying nothing until I had evidence from the courts ( he wouldn't show me the writ) but handed me a prescribed form 55 with two items listed saying he had seized the goods. He didn't execute his levy correctly as the WPA was not signed.

 

The next morning I emailed Marstons, the supplier telling them that they were in breach because a debt cannot be enforced in the High Court if it originates from a Credit Agreement (I think I'm right here) You are correct HCEO's cannot enforce Consumer Credit Agreements.We heard nothing until Monday last week, with a WPA attached to a letter from marstongroup saying we had 48 hours to sign and return, this was not done. Meanwhile, I compiled all the information with an N244 with a witness statement and supporting documentation, and obtained the procedures from both the High Court and County Court of what to do. You will need to make an application to set aside AND a stay of execution, the most important of these is the stay of execution, you do this on the N244 and give the grounds for the application ...'.pending further application and hearing to set aside'

 

 

Today another officer from Marstons arrived with the new set of Controlled goods forms and entered through an open door and took an inventory of the small amount of assets we had. This was scribble signed by me. He then wanted me to pay the full amount to stop him seizing goods. I said we would pay only the amount of the Default Notice, not the CCJ and had filed the forms with the courts and were awaiting them back. He rang his office who stated they wanted half of the now £3600 debt immediately in cash, or I could get friends to use their debit/credit cards!!!!!!I said no and after an hour or two stand off, he agreed to the £395 payment with a verbal agreement (recorded by him of course) to which I'm made clear a monthly payment would be made commencing 28 days later, on the understanding that it would be paid only pending the stay being granted by the court. I went to the court this afternoon, it was closed until 10am tomorrow! any advice on what to say or do next please! is it a case of waiting for the judge to decide on the stay!

Apologies for the length of this.

Get the stay application in first, that puts Marston's on the back burner, then I can help you prepare the set aside. What I am finding hard to get to grips with is why Marstons are involved in enforcing a consumer credit agreement? I need to get a bigger picture to this before I can advise further, so I will ask a member of the site team "Ploddertom" to contact you tomorrow and put you in direct contact with me. You do not have enough post's to enable us to communicate by PM.

If you have any uncertainty to filling in and submitting the N244 PLEASE wait until we get to discuss it, better you get everything right from the start than find your application refused on technicalities.

WD

Thank you so much for the response, you can't imagine how relieved. feel now, after a response.

I am going to the court with the N244 asking for the stay at 10am tomorrow morning and completed it with info on this forum with three copies as requested,,,Fingers crossed I can get it stayed tomorrow.

I don't understand why Marstons have had this escalated either especially with the CCA ....... the creditor must know this, surely?

I must say that the HCEO agent today was much more professional and courteous than the previous! I do believe that because we did not sign a WPA on the first visit, I informed them I was sorting all the paperwork for the N244 and submitting, they waited until after the enforcement Regs changed and came to day with a controlled goods form!

I have no other documentation on their fees, just saw him scribbling something down on a piece of paper!!!!

We will see what tomorrow brings!

Thank you so much for the response, you can't imagine how relieved. feel now, after a response.

I am going to the court with the N244 asking for the stay at 10am tomorrow morning and completed it with info on this forum with three copies as requested,,,Fingers crossed I can get it stayed tomorrow.

I don't understand why Marstons have had this escalated either especially with the CCA ....... the creditor must know this, surely?

I must say that the HCEO agent today was much more professional and courteous than the previous! I do believe that because we did not sign a WPA on the first visit, I informed them I was sorting all the paperwork for the N244 and submitting, they waited until after the enforcement Regs changed and came to day with a controlled goods form!

I have no other documentation on their fees, just saw him scribbling something down on a piece of paper!!!!

We will see what tomorrow brings!

First thing you need to check out ..is your local court a District Registry to the High Court...if they are you should be ok but if not then you will need to submit your N244 to the High Court the Writ was raised at.

What grounds have you listed ...keep them short and clear, otherwise you could complicate a simple process, do not overload with witness statements etc at this stage ...that comes with the set aside application. All the Judge is interested in, is why you want the writ stayed...the answer to that is because you were unaware the claimant had entered into litigation, you received no claim pack and you will be applying to set aside the Judgment obtained by default, to permit a defense be filed.

It is such there is often a 'spare' judge who can hear the application on the spot, but if the lists are heavy or he/she gets an emergency application to more serious issues, it could be you might have to wait for a considerable time or even have to leave the application with the Court to be dealt with 'as and when'.

First thing you need to check out ..is your local court a District Registry to the High Court...if they are you should be ok but if not then you will need to submit your N244 to the High Court the Writ was raised at. Yes I have checked that this is a DR and I can file the N244 there

 

What grounds have you listed ...keep them short and clear, otherwise you could complicate a simple process, do not overload with witness statements etc at this stage ...that comes with the set aside application. All the Judge is interested in, is why you want the writ stayed...the answer to that is because you were unaware the claimant had entered into litigation, you received no claim pack and you will be applying to set aside the Judgment obtained by default, to permit a defense be filed. Grounds listed are that we have not had the opportunity to defend this claim, we dispute the claim in full. we have never received any documentation relating to this.

 

It is such there is often a 'spare' judge who can hear the application on the spot, but if the lists are heavy or he/she gets an emergency application to more serious issues, it could be you might have to wait for a considerable time or even have to leave the application with the Court to be dealt with 'as and when'.

What I don't understand, is how can a company send a default notice for £311 then get a CCJ against you at more than 9 times what they say is outstanding, (I know know that they have the judgement and added extra Invoices, one being for 7 years forward rental to 2020!!!!!! then there's all the additional costs from the HCEO which I hope to deal with later.

Thank you

You are receiving excellent advice from an EXPERT !!! Well done WD....

WD is correct. If the claim does indeed relate to a debt regulated under the CCA 1974 then an HCEO cannot be used to enforce it.

Unfortunately, many clients can be less than truthful regarding the debt they want enforced when instructing an HCEO. Most HCEOs will have explicit terms in their instruction form that the debt cannot be regulated by the CCA 1974.

You may find you have a claim against the creditor in this particular matter.

From what was said in Post 10 this sounds like some form of Leasing Agreement which as it is for a Ltd Co is NOT likely to be a CCA. Do need more specific details.

Ok, so I have a hearing date for 30 April for a Stay and also a set aside, I have two weeks to prepare information.

The Agreement Title, says Hire Agreement regulated by Consumer Credit Act 1974 and the default notices states served under Section 87 (1) of the Consumer Credit Act.

Let me know what info you require and I will willingly provide. I need all the help I can get.

Thank you

The grounds for the N244 have been applied for as follows:

1. a the judgement entered in the name of XXXX ltd be set aside for the reason that the defendant did not receive any notification of any proceedings

2. The defendant be allowed to file a defence in these proceedings

3. The defendant applies for the Writ of Fi-FAA to be set aside

4. The defendant also applies for a Stay of Execution

5. The defendant believes that this claim can be defended successfully and we're not able to make this known earlier

For info I have seen some agreements where technically they should not be regulated by the CCA but the agreement used specifically states that it is. This is more likely a company using a generic agreement for all customers whether commercial or individual.

Whether or not it binds the agreement under the Act is not something I've seen tested personally.

For info I have seen some agreements where technically they should not be regulated by the CCA but the agreement used specifically states that it is. This is more likely a company using a generic agreement for all customers whether commercial or individual.

 

Whether or not it binds the agreement under the Act is not something I've seen tested personally.

I can't find any information on why a disputed debt relating to a CCA cannot be enforced in a High Court!

You can ask a High Court Enforcement Officer to enforce any judgment obtained:

in the High Court;

any County Court judgment over £600, provided it is not regulated under the Consumer Credit Act 1974 (these agreements can only be enforced in the County Court by their own bailiffs);

any Employment Tribunal or ACAS Award regardless of amount.

If under a judgment in the County Court the amount you are owed is £600 or less, you should apply for a Warrant of Execution from the County Court. However, if the Order follows an Employment Tribunal or ACAS award, regardless of amount, then you should apply for a Writ to be enforced by a High Court Enforcement Officer.

Regards

Andy

You can ask a High Court Enforcement Officer to enforce any judgment obtained:

 

in the High Court;

 

any County Court judgment over £600, provided it is not regulated under the Consumer Credit Act 1974 (these agreements can only be enforced in the County Court by their own bailiffs);

 

any Employment Tribunal or ACAS Award regardless of amount.

 

 

 

If under a judgment in the County Court the amount you are owed is £600 or less, you should apply for a Warrant of Execution from the County Court. However, if the Order follows an Employment Tribunal or ACAS award, regardless of amount, then you should apply for a Writ to be enforced by a High Court Enforcement Officer.

 

Regards

 

Andy[

Thanks, I was aware if this, but it doesn't say why, just wanted to be sure of facts when I attend the hearing.

.....so The creditor is wrong in employing the HCEO to. execute a high court writ that should never have been issued! because of the CCA

Thats my understanding if any agreement is subject to the CCA 1974.Warrants through MCOL have a max value of £5K .

Why did they escalate it to High Court Warrant/Writ of Fi-FAA?

Thats my understanding if any agreement is subject to the CCA 1974.Warrants through MCOL have a max value of £5K .

 

Why did they escalate it to High Court Warrant/Writ of Fi-FAA?

I don't know, however having now seen a copy if the judgement there is no mention on the claimants part about this being an agreement regulated by the CCA

Did whoever that signed the agreement do so as a personal guarantor rather than a Director?

No it was signed by an authorised signatory

We have no Directors as it is a mutual society governed by a committee