Hi another update please read the previous post as well if you have any advice or thoughts. I took some trusted advice over the issue with Marstons today and after expressing my feeling again to Incasso and them now working on withdrawing the writ and setting up the agreed repayment plan I have made a payment to Marston's god help me! I have paid them the weekly amount as they have now been instructed to collect thanks to my handling of this matter so not much really. I can only hope this does not cause any issues with regards to getting this withdrawn, but it has stopped any further enforcement. So I have their account details and will set up a standing order, this was all done over the phone so I haven't signed anything or allowed them in for tea and biscuits. Advice on this one please as now I'm paying them and Incasso?!?!? Just to add it seems in my haste to be proactive whilst I may have got the amount that Marstons could accept reduced to a very small weekly sum I inadvertly speeded up the process of this proposed repayment plan. Hence Marstons recieving new instructions, meant they had the green light to carry on chasing as of yesterday. I'm keen to know what my options are if Incasso or Gamesworkshop don't pull the plug on Marstons involvement, I know I could apply for a stay and I also know as I have signed nothing or allowed them in I could in theory just stop paying them at some point in the future, them come round, me send them packing and force them to return it to Incasso. I'm putting a letter out with regards to what I've discussed with Incasso today and I'm also going to put out a letter to Games Workshop advising them that as it currently stands potentially £1000 has been added to this debt and hence an increased time period for repayment.

I have an update and need advice but keep losing connection I'm in the process of editing this post please hang on before replying. Ok so yesterday I recieved a text from Marstons saying and officer was due to attend shortly please ring them urgently. I rang them today and explained the situation again, reminding them this account was still under dispute. They said they had recieved my letter and the breakdown was being processed and they had new instructions to collect a revised weekly repayment, is this acceptable and will I be making that payment? I said I will call you back today, to make the payment?, no Mr Marston man to let you know what I'll be doing about this which may or may not include a payment. Rang Incasso, they confirmed reciept of the SAR and they were processing for a response. Last week I pointed out that clearly someone wasn't happy with the repayment rate (see earlier posts) so what can we do about this, I suggested a provisional repayment they said they would get back to me. They claim to have rang me monday, could not get hold of me so passed it back on tuesday to Marstons to collect the new repayment after speaking to the claimant (maybe) Incasso want me to deal with Marstons I told them whislt I'm prepared in princple to amend my current repayment by standing order to Incasso prior to a review of my account when the SAR's come back, I'm not prepared to deal with Marstons. Considering my circumstances will change come April and due to the poor communication so far I said of course if we confirm this all in writing then in principle I'm happy to provesionally agree to this as a way forward but I still nee to review the account. I also reminded them that whilst I'm not considering legal action currently as I just want this sorted out, that this matter should not be with Marstons anyway as they haven't followed due process. Incasso guy said I need to speak to the lady who deals with this account and see if it can be withdrawn from Marstons, I'll ring you back. I'll be ringing them, though I did provide my mobile number, again. I also managed to wring the amount out of him that I owe to Incasso directly £7721, so nealry a £1000 of charges as Marston want £8708 - seems my earlier maths was wrong! I also contacted Gamesworkshop, could not speak to the lady I previously dealt with as she was in a meeting but they confirmed reciept of my SAR and the letter concerning my very attractive propsal to bring the debt back to them directly and cut out all these middle man. Something I've never been able to do so far as first point of contact and knowledge of this debt was Nov 2009 via marstons. They will let me know in due course. Clearly the proposal to games workshop will take time, am I damaging my chances of that by agreeing to a new repayment plan with Incasso in the meantime? Clearly Marstons charges are way off considering all I have is a text and two letters so I'd be silly to pay anything to them but were to go from here? thoughts anyone I said I'd ring Marstons before close of business Clearly Incasso have no idea at this stage that I'm trying to get this withdrawn from them but are trying to give marstons their slice of the pie., I'm thinking its time to dig my heels in and bunker down and wait for all the responses to come back in the hope gamesworkshop contact me before then. ok post finished

Thanks ploddertom, I can't really believe all I've had to learn since I've joined this forum just so I can get companies to take note and listern, often the reasons they don't take note is because you forgot to cross your T's - I really hate that! Small update and a question I just spoke to Marstons though my letter has yet to be fully processed they have confirmed the account is on hold and have confirmed, based on what I said ( I spoke to the same guy) yesterday, that the account will more than likely be refered back to Incasso for further instructions. So plenty of time for all the other letters to arrive and action to be taken. With regards to the fees Incasso may have applied which will be revealed by the SAR's, clearly I will need to pay the fees gamesworkshop inccured in instructing Incasso if I get it pulled back to them but in your honest opinon and experience do you or anyone else think those fees will have already been paid by gamesworkshop or simply added on by Incasso for collection? I'm concerned and thinking ahead as to how I will separate what is owed to Incasso if gamesworkshop pull it back and I deal direct.

little update to the previous post, just got off the phone to Gamesworkshop. They have confirmed that they indeed own this debt and do not sell debts. Incasso are acting on their behalf. I informed them of the pending SAR and the reason being I want all the information once and for all so I can move forward on this issue. Also put the following question to them with regards to if they would be prepared to deal with me directly. To my surprise they were very open to the idea, I informed them of several issues including the current one on dealing with Incasso after they asked what the problem was and they have stated that the person who deals with this account is back in tommorrow and it would be put to them but in theory there is not reason why this can't happen. I'd still be liable for the fees they inccurred in instructing Incasso, which I of course agreed but as I pointed out they still have the CCJ and its a simple matter of sending it back if the arrangement didn't work. They also confirmed reciept of payments from Incasso but could not state how much or how much was still outstanding without going away and calculating it. All in all I think this is the best result so far, if their are any fees on the amount outstanding that are not Gamesworkshops personal costs then I can pretty much in theory write them off what I owe if I deal direct. I'm off to type my offer! thanks for the above post ploddertom, PO's are my prefered form I will add in about what this payment is intended for though and its going recorded cheers

So far it appears it was Gamesworkshop but my SAR's to both Gamesworkshop and Incasso are very detailed but clealry stated within not limited to:wink: the points of information I have requested. I should get copies of all the legal paperwork and court papers, in fact I should get every scrap of detail they hold, I've requested a lot of information from gamesworkshop from across the lifetime of my account with them it could take a while. Applying for a stay is the ace in up my sleave I agree, trustworthy I think not, but I don't have any reason to believe marstons will be taking this any further at this time. Hopefully I've covered all possibilites with my letters and made returning this to Incasso the only option for them, like I said earlier in the thread after both conversations with Marstons, added to the fact this account has been with them before so they have records, it was almost like they were leading me to what I needed to do on the phone so they didn't waste money pursuing me. They may well be the **** of the earth but even they require a letter to hold up to the people who hired them to show they have done all they can, they got no where last time no reason for them to believe this time would be any different. I'll update as I get responses, thanks for your help so far. Forgot to add and need to check this via the SAR's and the break down of fees if any from marstons that it would appear that NO CHARGES were added to the amount outstanding by marstons this time round and if they did it was very very little. Considering they slapped on over £2000 last time round I found that most puzzling....

Ploddertom I seem to remember you pointing me in the right directions originally when I came to this forum 2 years ago, if your spidey sense is tingling over this then thats good enough for me. The answer to most of what you ask is I don't know. I have only had confirmation of the CCJ via my credit file and speaking to the courts at the time marstons first knocked on my door in nov 09. I remember it saying that it was Gamesworkshop vs me but when I was researching all this Incasso were already involved the CCJ is from August 09. As far as I know this is the only entry on my credit file apart from a single credit search by Gamesworkshop on Aug 08 about 4 months after i ceased trading. With regards to it going back to court for Incasso to take over I really don't know it needs looking into further. The first time I was contacted by marstons I was obvioulsy not impressed, this was the first communication over the matter. Previous letters must have been sent to the last known trading address, even though they had my home address, I know the papers were served at my previous home address about 2 months after I moved. All letters from Incasso and intial action by marstons I believe were directed at that home address. Believing no debt to exist and no record or memory of a credit agreement (IMHO its not I opened a pro forma but clearly a debt is owed) I naturally wanted to get to the bottom of it and thanks to this forum was able to take action. I saw off Marstons by putting the account into dispute, requesting various break down of charges from them and also providing the evidence that I was preparing to apply for set aside. I contacted Incasso and also sent them a request to see the paper work relating to a credit agreement, they were not very forthcoming at first so I sent the same request to Gamesworkshop directly for the credit agreement, also outlining with evidence how I had never agreed to a credit account and had opened a pro forma account. Also showing the evidence to prove they had simply upgraded my account to a credit one and whilst I was open to the fact that a debt was owed I wasn't impressed with their handling of this matter. Incasso wrote back within days and the content of their letter clearly showed they were not at all pleased I had contacted Gamesworkshop directly, they almost told me off! Considering how slow they were to response and deal with my enquires prior to this it was a bit of a shock to suddenly have them talking. I managed to get a copy of the credit agreement with terms on a different sheet, it was the form that I filled in via the rep for a pro forma account, under my signiture was a simple statement saying they reserve the right to perform a credit search. I remembered questioning this at the time and the rep stating ignore that you be opening a pro forma account you can only apply for credit later once the account is up and running, which at the time I didn't want. So no terms and conditions and I was happy with that. So for many orders after that I simply placed the orders and paid in full before it was released. Incasso stated thats a credit agreement and after much haggling I agreed to a repayment plan that suited me and its been that way ever since, I halted my application for set aside and that was that. The form I filled in was at the back of trade account application pack which basically showcased their products, their were no terms and conditions and the form part simply detached, very simple name address VAT number etc. I believe something is owed but I honestly admitted defeat at that point as although I can prove they mishandled my account theres still alot of my word against theirs. My aim was never to get out of paying what I owe, just establish that they share the blame and I'll be repaying at a rate I can afford and not selling my first born into slavery to clear it! thats the short version, I am sending a SAR to Gamesworkshop today as well. I am requesting basically everything, its time to get to the bottom of all this.

I heard bankruptcy is in the £700 - £800 price range. I am no expert maybe others can confirm but I would imagine if you state that is what you are going to do in writing then it also places the debt in dispute and holds off enforcement action possibly. As others have stated you need to talk to someone qualified in this matter if this is what you want to do. My idea of a subject access request and/or a view to having the CCJ set aside would provide you with breathing space at the very least, maybe a few weeks. Bottom line is you can only hold them off for so long, eventually they will be back. With regards to the debt origionally quoted if you do manage to get it back to the claimant all they can do is apply to the courts to obtain information or make you pay (court looks at your finances and sets rate), in theory they could apply to make you bankrupt but unlikely due to the amount - like I said no expert. They can only send marstons back so many times before it becomes harassment and undue pressure on you to pay, if marstons never gain access the only place this will end is back in the courts by you or them. Its worth noting if you do get marstons called off your bill should be £480 again if the rest was marston charges, I can't remember precisely but they can only charge a small amount, £17ish?, for each vist so you'd owe marstons a small amount as well. If you need help either reply here and I'll do what I can to point you in the right direction

Hello thanks for responses guys. The original action dates back to August 2009, there is a judgement by default CCJ, I've seen it via my credit file and confirmed through the courts back at the time. I was a sole trader. My understanding is Incasso have simply had the writ issued again for enforcement. fortunately I can update, I spoke to Incasso as Wonkeydonkey suggested today and they have no record of any offer of a change to my repayment plan, it was nice to have them on the back foot but I wasn't horrible. I pointed out as I can confirm posting and the revised payment plan has been in effect for over 14 months then they are in breach of guidelines by neither refusing or accepting the reduced payment plan and cannot simply jump to enforcement action via Marstons. I also pointed out due to the fact the new repayments have been active for so long it certainly doesn't strengthen their case for enforcement. After basically saying its clear you/or claimant is not happy with current repayments what can we do about it, I briefly explained my circumstances and tabled a new slightly higher offer which they are going to put to the claimant. Its all going in writing today along with a subject access request to Incasso to get to the bottom of this. I've also rang marstons explained the situation and what I'm going to do, they were happy with what I was saying and I also stated they would have it in writing tommorrow along with a request for a breakdown of any charges. I told them not to waste their petrol as the fault was with Incasso not marstons, for what can only be described as a wild goose chase for them. I have always found marstons quite reasonable with me overall on the phone, I must come across as if I am 100% confident in what I'm saying! I'm going to review what Incasso send me and look at this debt all over again and see if I can do anything else.

Ok I have to go get my kids from school shortly but I will come back later and like I said others will be along to help over the course of today and tonight, I will advise as best I can. If you were never served court papers over this you can apply to the court for set aside, as you never recieved the papers you never had the opportunity to defend yourself. The effect of this is basically to rewind the collection process to the point of court action, so bye bye marstons. Once there you can put your side across and have the courts decide based on your income how much you will repay. If memory serves me right you need form N244 but someone else can probably confirm that and it will cost £50-£70. I'm limited in how I can advise you on this having never quite got that far, I managed to sort out repayment plans. Another way to deal with this would be to put in a subject access request to the claimant, whoever hired Marstons. You'll find a template for this on this forum, basically your asking for all the information regarding this matter and they have 40 days to reply. this will cost you £10. If you use the first or second option this will put the account into dispute and based on what you have said Marstons will legally have to suspend enforcement action. My advice would be to telephone Marstons and tell them that you are disputing this debt and will be informing them in writing. Tell them you are putting in a subject access request to the claimant and looking into applying to have this judgement set aside. Depending on how you come across they may or may not be nice to you, I've had a few heated exchanges but on the whole its gone well. If all else fails just tell them they will have your response in writing in the next few days. Get this all in writing sent to them today or tommorrow by 1st class recorded delivery I can help with that later if no one else gets back to you before this evening. The above should get it sent back to the claimant and call off marstons then you need to start talking to the claimant and coming up with some sort of repayment plan. Its very hard not to panic but knowledge is power, you can regain control of this matter and repay on terms based on your income

I forgot to ask have you previously paid marstons or signed anything with them? Also its taken me a day or so to send marstons packing thanks to this forum, if you provide the info people can help you acheive an affordable repayment of your debts

Hi Marstons are supposed to be visting me on the same day! Welcome to the forum someone will be along soon who can help you with this but they will need more information, theres plenty you can do however but like I say information is critical. Is this the first you know of enforcement action against this debt? this matter has probably been to court if marstons are involved. Have you made any repayments against this debt already? Is this a business debt with a supplier for example or is it related to revenue and customs? The best advice I can give to you at the moment is this, unless you agree to Marstons actions theres nothing they can do. Don't answer the door talk to them through a first floor window or the letter box, if you allow them peaceful access to your home ie invite them in they will gain the right to come back and break in at a later date. Don't sign anything, if you sign a walking poccession order they can come back and force entry. If you refuse to speak to them with regards to a repayment plan or payment and if you refuse them access to your home then they can do nothing, they eventually have to return it to the claimant. Its worht pointing out they can take your car, unless its on finance or needed for work, and they can break into unattached outbuildings such your garage but not your home. Keep all doors and windows locked, climbing in through an open window is classed as peaceful, lawful access. Its scary stuff and bailiffs, not all but most, will say alsorts to gain access. If you read that letter carefully it will say at the bottom, should officers call and a seizure is effected you will be responsible for our additional costs. that really is key, unless they gain access and make a seizure alll these charges are just hot air. It will ocst them money to attend not you unless you let them in and this £300 for the first then £250 for each additional hour is nonsense unless you agree to it. Without more info its difficult but the best way to halt action at this stage is to put this account into dispute and get it returned to the claimant so you can set up a repayment plan. Don't pay Marstons anything you don't have to.

Hello wonkeydonkey, The original claimant is Games Workshop Limited, the debt is a business debt. They supply products which I sold in my shop until a fire in premises next to mine pretty much put the nail in my business. I did attempt to restart the business briefly but struggled to restart it due to host of other knock on effects thanks to the interruption in trading, at the time I ceased trading I thought the account was up to date and settled, despite them knowing of my circumstances and knowing my home address it took them 12 months to notifiy me to a problem and shortly after I moved papers were served at my previous address - so judgement by default. The credit agreement is a rather shaky one in my opinon, for a start I had no credit account with them and opened a pro forma account by supplying my details via their rep. As my business took off I was offered a buy now pay later xmas deal for stock, never explained as a credit account just an order which would be due for payment 3 months later. It was after the fact when I placed a normal order, which normally wouldn't be released until payment recieved, that I discovered I had been given a credit account, with them stating otherwise the xmas order wouldn't have been able to be processed. The whole case against me is based on this form, which I filled out many months prior when opening a pro forma account. They state that this is a credit agreement and attached the terms and conditions when I requested it when the trouble started, however I never filled this form in wanting a credit account it was for pro forma and terms and conditions were never shown or origianally attached. Why would the rep go through it? I was applying for pro forma not credit. The fire destroyed most of my records so I didn't really know were I was up at the time, clearly a debt is owed but I do resent the fact they can hound and chase me like this and bring the full weight of the law against me despite the fact, I can see and possibily show, that their credit appilication practices were shocking at the time and in my mind they share some of the responsibility for the creation of this debt.

thanks for your swift response you are a star! I won't be paying Marstons anything. The short version of events is claimant hired Incasso, who obtained judgement by default, who set marstons on me, I got rid of marstons and made a repayment plan with Incasso directly. Now Incasso have set marstons on me again as you know, hopefully with your advice I can sort this out with Incasso directly. Marstons can go through the motions of enforcement all they like at some point they will have to return this to Incasso, which is basically what I'm aiming for, hopefully your advice will help me get the wolves called off a bit quicker. I have a lot to think about I'll update tommorrow - Thanks again

thanks wonkeydonkey I'm feeling more in control already. I'll be ringing Incasso first thing and hopefully getting to the bottom of this and ironing out a new repayment plan when I point out their error. I never recieved any response to my letter regarding a reduction in payments and after a bit of calculating I've worked out that I've been paying them at the revised weekly rate for well over 14 months, does the fact its taken them this long to take any action/exception to my reduced payment plan work in my favour? Tommorrow will bring what it brings but, thinking ahead, if I do run into problems ie Incasso claiming not to be in reciept of this letter would a subject access request cover copies of my letters to them? I do have proof of postage for all my letters I sent to Marstons, Incasso and the claimant.

I've had a read through some of my old posts, didn't know I could do that before I posted, they aren't all there but I've got a horrible feeling the reason it was refered back was because I was applying for set aside in my defence of this debt. The paper work and rules governing the application of credit to a business are terrible and basically I decided to enter an agreement before set aside because they was far too much of my word against theirs and not enough hard evidence to prove foul play in the applying of credit, even though I know they were wrong - another story really. Anyhow still need help getting it refered back I know Marston's can do nothing unless I let them but what do I need to say via letter to make that clear and make any further action be clear harassment and imidiation?

Hello, got alot of help regarding an old business debt from this forum well over 18 months ago. Finally saw the evidence that Incasso had showing a credit agreement of sorts had been signed, even though the whole thing was border line on legal I was happy to enter an agreement to repay at my own rate which I could afford as I finally, after much hassle, was statisfied I owed the money. Basically I saw off Marstons last time (went to court I didn't even know debt existed) and it was refered back to Incasso and after I spelled out my position Incasso accepted a weekly repayment on standing order. Circumstances change, 12 months ish ago I reduced the weekly payment and let them know with reasons why. I hear nothing and suddenly a years worth of payments later Marston are at my door again! So I sent Marston a letter outlining my position and what would happen if a bailiff attended my home again. Including such things as stating I would not let them in, would not sign an order, I have no assets or goods to cover this debt etc etc. Basically telling them to send it back to Incasso. Recieved a letter today stating they would be attending with removal contractors on the 29th, I rang them and spoke to quite a nice guy really. He listerned to my position on the matter and basically said when I stated he'd be breaking the law if they came back that my letter wasn't a legal document, wait before you scream, because I hadn't worded it correctly. I said so you need another letter, he said yes you can find places to help you with that. He asked for the history because it had been with them before and said maybe having the court look at my financies was the best option for me, but all he could do was take an offer and see if it was accepted. Personally I believe they don't want to waste the petrol because they already know I won't let them in or budge on this issue, which is why he was so helpful and polite. Yikes! So can someone please help me with this letter, I seem to remember using a template but I can't find it now, with regards to getting the debt refered back to the claimant? Regards and thanks in advance

Hello! I used to be a sole trader with a pro forma account in my name with a supplier. That supplier upgraded my account to a credit one without consent and then proceeded to push stock onto me. I never signed an agreement or had terms or conditions provided and I only found out they had done this after they had sent me stacks of goods. I was suckered into excepting this stock and when my business was destroyed by fire months later an alledged debt is now owed. Prior to legal action I thought the account was clear and up to date but can't even verfiy if this debt is true or not. Anyway I've used this forum alot whilst fighting this action against myself but someone has surggested that this debt may not be covered by the Consumer credit act. It must be covered by something so can anyone poin tme in the right direction to what article of law governs such agreements? Thanks in advance

Hello palomino, Thanks for the input very worrying possibility! I was a sole trader not a company or anything. My pro forma account I opened was in my name not the business. The company in question just simply upgraded my account to credit after 7 months of trading with them without even asking or explaining the terms of such an arrangement. I never signed any agreement with them and I'm sure they had to have one as other suppliers I used at the time required full credit checks, credit agreements etc etc. I would be grateful if you could expand on what you said Thanks

Thanks patrickq1 I guess I wait to see if they comply with the subjetc access request and incorporate what you have said into my evidence for set aside. Like I said I've already applied once and it was purely the remission of fees that prevented the application from going through and the annoying thing is I know I'm entitled. It didn't go through as I pay my rent via bank transfer by arrangement with the landlord and so when the courts say this on my bank statements they requested to see the details of that bank account that the money was going to! Didn't fancy asking the landlord for his account details lol so I've set up a standing order so just need to wait for that to be reflected in my bank statements. You don't have any other ideas as to how to prove to the court this is were that money went without supplying my landlords bank statements by any chance? If that was possible I could reapply straight away

yes I've sent that but no response as yet but they still have weeks to respond I'll check back in later as my connection is playing up thanks so far for everyone who has looked at this

Hello quick round up I have a default judgement entered against me and a high court writ to enforce collection of a debt of £10,000. Now I have never signed a credit agreement with this company and I know they can't supply one. I've pin pointed the point they upgraded my trade account to a credit one and have evidence that supports this action on their part as a method to push sales of their stock on me without ever making credit agreements or terms clear. My business was destroyed by fire so I have no records to calculate if the amount owed is correct at all but I have evidence to suggest its not collectable under the CCA1974. I also have evidence to suggest they had my contact details for 12 months before they took legal action but never contacted me prior to this and only took legal action once I moved house. I believe I can demonstrate that they may have intentionally obtained judgement by default. Financally I am am unemployed and a full time homemaker with three dependents. I am not married but my partner works and we are in receipt of tax credits. In the eyes of the law we have little if any disposible income and we have no assests of any sort. So far I have attempted set aside but failed on remission of fees due to incomplete evidence, I am going to try again as soon as I correct that as I can't really afford the court costs. I have also outlined my defence to the solicators and the claimant and have just recently wrote tot he claimant requesting everything they have on me under data protection. I have also gone to great lengths to outline how I don't believe they have a case and even if a court rules me liable after seeing all the evidence they would be recieving a token payment or prehaps even full set aside till I can afford to repay. What I'm worried about is if they apply for insolvency, can they do it based on what I've said here? If they can and I know its a complicated issue and anything anyone says is only an opinon but does anyone think they would be successful based on what I have so far? I have no repayment arrangment in place as all I've done so far is force the bailiffs to return it twice and refused to pay until I see the evidence and informed the solicators of this fact. I'm determined to fight this but I'd like some help over the insolvency prospect as I've basically said to them that I'm never going to admit liability until a court sees the evidence and rules me liable. I do understand their other options and what the outcome of those could be but insolvency is something I need more info on. Thanks in advance

Thanks dx I'll get something put together and the post monday Any thoughts on my other questions guys?

Ok quick summary, I have a default entered against me for 10,000+. I have never signed a credit agreement with them and as its a business debt with a supplier and my shop was destroyed by fire I don't have the records to even say one way or the other if I morally owe this or not. What I do know is I never asked for or signed any sort of credit agreement. I have tried for set aside and staying of the writ but failed as I applied for remission of fees and my evidence was not good enough, other than that my defence and reasons seem sound for this to go ahead. I intend to reapply for this as soon as I can. As for dealing with the bailiffs thats all under control and I can deal with them, I've already forced them to return this to the claimant twice. What I need help with is how do I get the evidence they used to get this judgement off them? I've sent them a letter stating I want to see it and outlined my defence to them citing the 1974CCA but as yet have been ignored. I do have other evidence to support the lack of credit agreement and if such as debt does exist then they share part responsiblity for its existance. what I'm also worried about is further action by them, I don't think them taking me back to court to request further info or to make me pay is really a problem as the issue can be brought up then with regards to if this debt is even enforcable and if it is I pay and if not game over for them. I really want to know if, on a default judgement, they can start insolvency procedings? We are a low income family, my partner works I look after the kids, have no assets and no hope of paying this so in everything I've researched I can't see them going for insolvency but I'd like some advice over this please. I think I can fight this but need pointing in the right direction, I know I could end all this tommorrow by simply applying for the courts to set my payments - probably £10 a week or maybe month! But theres quite alot of what I feel as sneaky tactics to pursue me for this and I want to fight back. Any questions please ask Thanks in advance

Hello! If marstons are being idiots get yourself an N245 from the local court. It requires you to list all your income and outgoing and gives you an opportunity to offer a payment plan, say £50 a month. The court will forward this to the claimant with your offer, if the claimant refuses your offer the court will decide what you can afford to pay. the claimant can't argue wiht hte courts decison. This form will also remove all the enforcement powers marston have as long as you stick to the court ordered repayment plan. this costs either £30 or £35 to submit or if you qualify for fee remission it will cost nothing. get yourself an EX160 as well and read the booklet to see if you qualify based on benefits or gross annual income. Write a letter sent recorded to Marstons telling them what your doing and why and basically ignore the bailiff unitl the court hears your request. If you need advice on this please ask. If you need anymore help please message me I believe what I've told you to be true others may be able to tell you more.

Hi I too am currently involved with fighting the Marston Group my case is a bit different to yours but I'll pass on what I've learnt so far but please be aware I'm no legal expert and I'm sure the guys on here will point out any mistakes or misunderstandings I've made of the law so please don't take the following as gospel but heres what I believe to be true thanks to my own research and the help from this forum. Ok so the first thing is not to panic knowledge is power and although its scary when the bailiff knocks on your door there is alot you can do about it, whats probably happened is the claimant has served papers to your last known address. So basically he's suing you for the money you owe. As you never responded to the court papers, you couldn't as you never got them, this case has gone before a judge without a hearing, the claimant has submitted evidence to say you owe the debt and the Judge in your absence has ruled you liable for this debt by default. What happens next is the claimant can apply for a warrant of execution to pursue you for the amount owed and they have hired/contracted the Marston Group to carry this order out. The reason this is with the High Court is because of the amount a Writ will probably have been obtained. So at this stage lets be clear you don't have to deal with the bailiff, its the bailiffs job to levy distress against your goods to cover the debt and attempt to set up a repayment plan or collect the total due in full. As long as you don't let them in you don't have a problem, don't answer the door keep it locked and talk to them through the letterbox or an open window if you have to preferably a first floor window. If you let them in they gain the power to enter the house whenever they like even if your not there and can walk around the house and levy distress against anything you own and bring round a van to remove those goods for sale at public auction. Never sign anything or agree to anything. The following apply to a bailiff in his duties, he can attempt to levy distress, he can attempt to organise a repayment plan with you or if he does gain entry he can access your goods and levy distress. If he can't do the first two he can only try so many times before he has to return this debt to the claimant for further instructions and if he does gain entry and access your goods, if he doesn't feel the goods will cover the debt at auction he's also obilged to return this to the claimant for further instructions but he can still take what little you have. Ok so what can you do about all this? Firstly you can apply to have this judgement hearing set aside using form N244 and also apply for a "stay the writ" this will recall the case for a new hearing based on the evidence you give - you weren't served papers this is a valid reason because you didn't live at that address. The "Stay the Writ" application will suspend enforcement action for the same reason until this is case is reheard. Lets make it clear all this is going to do is suspend action until you can appear in your local court at a hearing and for all the evidence to be reheard, as this is a student loan I'm assuming you'll have signed papers for the loan so its going to be easy for the claimant to prove you owe this debt. So the court will still find you liable for this debt if this is the case and you aren't guaranteed to have the judgement set aside or the "Stay Writ" enacted anyway prehaps based on this evidence. Get online and pull your credit report, creditexpert are good, if a CCJ has been entered against you it will be on here. From this you'll have a judgement/case number plus a name for the court were the case was heard. If you can't do this ring Marstons and ask for the court case ref number and chances are as this case was heard in your abscence it will have been heard at Northampton County Court. Ring the Court they can give you details on everything, where papers were served and when, the full contact details of the claimant or the solicitors who are acting on their behalf. Another thing you can do is get yourself an N245 form, this is an application for the suspension of a warrant and/or variation of an order. This is basically a form that gives full details of your income and outgoings and gives you the option of making an offer of payment. This should be an amount you can afford. The court will look at your income and outgoing and set your payments based on what you can afford based on your disposable income. If the court agrees all enforcement action will be stopped and as long as you keep up with repayments no further action can be taken and in the event you have a change of circumstances use the same form again to reapply for reduced payments. If you agree you owe what they say you owe then I think, but its just an opinon based on what you have said so far, this is probably your best option. It stops enforcement action and sets up a payment plan you can afford and this form only costs £30 to submit to the courts. The other forms are £75 a go and if you owe the amount and theres no doubt the N245 seems at least appear to be as quickly sorted and processed as the others. Whatever route you go down you'll need to submit these to the court where the case was orignally heard. Whislt your getting these forms get yourself a EX160 and read the advice booklet with it, use it to work out if you qualify for remission of court fees ie you don't have to pay. If you don't have to pay submit this with which ever route you decide to go down. you'll get this if your on benefits or have a low gross annual income If you can get the details of the claimant write them a letter telling them what your doing and write a letter to Marstons telling them what your doing. Include in your letter to Marstons that you have no intention of allowing lawful access etc etc. If you like I can help with these by posting a sample. Any letters you send must be sent recorded and send a copy to all parties concerned. If you make it clear you've no intention of dealing with Marstons and allowing them to carry out their duties and inform their employers, the claimant, they should back off unless they can levy distress by gaining access or say on a car. Its important to remember your not guilty or innoccent your liable for this debt and the law will protect you by allowing you to repay what you can afford without enduring hardship. If you set up a repayment plan you can't afford with Marstons you'll end up in more trouble and they aren't concerned what your living costs are the courts however are. Whats important is you do something now about this as it won't go away, remember a CCJ is a judgement by the courts that you are liable for this debt and must repay it. It does not mean you have to agree to anything with marstons you can set up your repayment plan through the courts, forget dealing with marstons if they can find a way to add on charges they will and theres still an opportunity at a later stage to contest any charges they have added to the orignal debt. Marstons are just contracted to collect the debt, you don't have to negioate with them you can settle this through the courts and cut Marstons out of the picture completely. Try to remember that the only thing the orignal claimant is interested in is recovering the orignal debt, if court says you can only afford £xxx's per month they have to accept this by law and if you send them a letter telling them what your going to do about this it will help. The law will protect you if you can show your being proactive about settling this debt. Marstons want it all now and don't care how they get it but unless you agree to something with them and sign something theres little they can do. Even if you have set up a repayment plan with Marstons by the time you read this, keep to the repayment plan and then apply for the N245 to get the payments reduced and this out of Marstons hands. I'd think about coming clean with your parents too but show them what your going to do about this and the steps your taking to protect them. I hope all this helps and that my advice is right, its only what I've learnt so far myself good luck and I'll check back in if you don't understand anything or what help writing your letter to the claimant or marstons