Hi nintendo pu I have the forms filled in and on the way by recorded delivery with that very reason outlined thanks to this forum of course! Also I've a pretty good defence aginst it under the 1974 consumer credit act again thanks to the input from this forum which has greatly helped in pointing me in the right direction. Big thanks to everyone whos helped so far my only minor concern at the moment really is the best way to hold off Marstons though I think I'm right in assuming that by not allowing lawful access theres very little they can do other than try to bluff me

Thanks for the input sillygirl1 I've been told by my local court that I must apply to the court where it was heard (Northampton) so I've sent everything there and I've been told if accepted it will be transfered to my local court for review. I'll look into the emergency hearing today as the local court is on the way to school to pick the kids up. My credit report, the only evidence so far of a CCJ, shows the case was heard in August of this year at northampton county court and clearly judgement by default was obtained as papers were not served to me at my current address. I believe its a high court matter due to the amount and has to be transfered there for enforcement powers to be issued but I'm going to double check all this

Hello again guys need some bailiff advice/clarification of what I already think. If you have been following this thread you'll know I telephoned the Marston bailiff office and explained my position on this matter (see earlier post) I have recieved a letter from them this morning which is as follows: "Dear Sir, RE: Claimant vs myself You will be aware from communications left at your address that my officer has been attempting to meet with you to levy execution under a high court writ of FiFa that I have recieved against you on behalf of the above named claimant for an amount of £xxxxx, including costs, interest and charges, of which interest and charges continue to accrue on a daily basis. the effect of this writ is to bind your property in you rhands from the time I recieve it until the writ is withdrawn. (Schedule 7 section 8 (1) court acts 2003). this means that you cannot dispose of your property to a person who at time of the purported transaction had notice of this writ or any outstanding writ. Section 9 places a duty on me to seize sufficient of your property to satisfy the judgement of this debt and related costs. In the absence of payment I am required to sell your goods at public auction without reserve to the highest bidder. The sale proceeds (not to exceed the amount due under the judgement) will be paid to the claimant. Clearly none of this will be necessary if you can settle with me in full, or in the alternative reach an accommodation to pay by installments. I suggest you waste no time in contacting me so that this matter can be resolved yours faithfully Marston Group Limited" Now I'm no expert but I'd say this is a pretty nice polite bailiff letter! I believe this letter is a result of me reading Marstons the riot act over the phone on friday and making it clear I knew what the extent of their powers were and what action I'd be taking against this alleged debt. I was quite clear they would not gain lawful access nor would I sign anything. Can I take it that this letter is a nice polite way of attempting to get me to agree to allow them to levy distress against my goods as I've already made it clear I have no intention of dealing with anyone on the doorstep or signing anything? Dare I say it also hints that its action is also part of the necessary process of me fighting back against this debt as I outlined on the phone I was preparing to do? So do I respond or do nothing? My position remains unchanged all the documents have been sent to have judgement set aside and warrant action suspended so I just need to hold out and wait for that don't I? I have no intention of allowing access or signing anything so do I need to bother getting into a debate with the bailiffs or shall I respond via letter and make my position again clear? If anything I feel it may hold them up long enough for judgement to be set aside if I play their game without agreeing to anything? What do you guys think? Also wanted to add I greatly ammended and fleshed out my evidence to have judgement set aside I can post if anyone wants to see it for the purpose of helping to reassure me its good and stands a good chance.

Hello! I'm currently preparing my statement to have this set aside I've come up with the following and will be posting monday. I'd be glad of any tweaks or input anyone can give me to increase my chances of having this set aside. If anyone reading this could direct other users to this thread who may have advanced knowledge of what should be in this evidence please do so. Ignore the spelling I'll correct that lol "I wish judgement to be set aside as the recovery action was the first I knew of this alledged debt. I have never been served papers or sent any paperwork despite the claiment having had my previous home address and contact number for over 12 months since I ceased trading. Information I have so far of this judgement has been sourced from the Bailiff Enforcement Marston Group and the details held on my credit file. I can only assume at this time that papers were served at my last known trading address even though they had a residential address for me. Evidence for this exists, when my business was destroyed by fire my online trading could continue as a result orders made to the claiment for goods were by arrangement delivered to my home address for over a month before I moved the business (but stayed living at my home address) into my last know trading address for a further two months before the after effects of the fire forced the business to close. The claiment has in its own records several invoices with my home address clearly at the top of the invoices so cannot denie they were in the poccession of this information. I'm sure, with some research I could even provide, with the assitance of my previous home telephone supplier, phone records to show that several calls during this time were made to that home phone number by the claiment before I moved into my final trading premises. I continued to trade with the claimment in my final premises before the business finished. I want the opportunity to defend myself against this alledged debt. In addition I never agreed to or signed any credit agreement with the claiment. The only document that exists, signed by me, is a registration form to open a pro forma trade account. If asked to the claimment will be unable to provide a written signed credit agreement for the courts, therefore making this under the 1974 consumer credit act an unlawful debt. I can provide further evidence that no credit account was set up in the form of my credit report, which shows no credit searches done by the claimment on myself both prior and during my time trading. This would certainly at the very least prove poor standards with regards to the allocation of credit facilites to the clients of the claimment and at the most support my statement that no credit agreement exists between myself and the claimment. I am aware now in hindsight that the claimment did in fact simply upgrade my account to a credit account but this was done without my consent and I never asked for it to be done and the first I knew about it was when I was placing orders and they were arriving before I'd made payment. My account was upgraded I believe when the field rep came on his rounds to offer me a christmas order, it was explained by him that this was basically a large order of the best sellers that could be paid for in 3 months time after christmas at the end of December. I admit I was navie at the time as this was my first business and I was not fully versed in how wholesalers operated but no mention of credit agreements was made at the time he simply put together an order and said it would be delivered shortly and I just assumed it was a sppecial one off thing which is how it was described. I cannot believe this man was knowlingly acting unlawfully as the norm, I understand in hindsight, is that the majority of businesses would have some form of credit account with suppliers so he wouldn't have know this on his rounds. However it was weeks later that I discovered in order for the christmas order to be processed I had to have a credit account. By which time I'd already recieved the Christmas order and another special promotion offer sold to me by the sale rep under the same terms and had starting selling the products but I had no idea when placing these orders that it constituted a credit agreement nor never gave permission for this to happen. These orders were not compiled then signed for by me, they were put together by the rep then dispatched. As a result I felt tied in so continued to place my regular orders and pay for them up front and pay for these two special orders in parts as I sold the stock. Both of these orders were settled on time. My business was destroyed by fire in the Febuary the following year, much of my paperwork was lost or destroyed in the chaos and as such I have no way of even calculating if this alledged debt is accurate or true and until such information is provided, regardless of the vaildity of the debt under the 1974 consumer credit act, I am in no position to admit liability. The business failed 3 months later and in hindsight I feel I was misinformed about these special orders had I been asked outright if I wanted credit facilites I would have said no to prevent any debt of any kind. I feel like credit facilites without my consent and then stock were pushed on me and clearly this is bad practice. Due to the time passed since I ceased trading and the loss of records from the fire and the chaos surrounding the fallout I've nothing to go off to see if this debt is true and never recieved any letters or contact from the claimment to suggest that I owed anything in the following year before I moved to my current residental address "

Thanks I'll certainly be keeping you posted, I have a form for halting further action so its all good to go really. Unfortunately it may take a while for this to take effect as I have to apply to the original court who then transfer the case to my local court then everything is looked at from there. So easily end of next week before this is even looked at by anyone of importance as I understand it and anything happens with regards to halting enforcement. I'll keep you all posted with any encounters with the bailiffs in the meantime I'm almost 100% sure I'll see them monday. With regards to the 3 times thing from what the advice line guy was saying was that if I'm not budging on the issue ie refusing to sign a payment plan or walking poccession or refusing lawful access to the house then the bailiff has no options other than to repeat himself and try to convince me to allow him in or sign something. It then becomes harassment/intimidation because nothing is changing he's just repeating himself over and over and really if he can't enforce then he has to send it back to the claiment for them to decide what to do next. He can't constantly be in my face disturbing me and my family, problem is proving it I guess. I have my video camera ready in the kitchen so when he does arrive I'll be filming the encounter from the window. This will be in the event it takes a while to get the recover action stopped and the judgement set aside, hopefully if they vist alot I'll have grounds for harassment/intimidation and the evidence to back it up to the police. Thanks again everyone for all the help and support hopefully I'll have positive news to post shortly

Hello! Thanks agian for all the valuable advice/input Ok so a few updates, various persons on this thread were right this case did go to court but wasn't orignally showing up on my credit search. I've ammended the details on that so I've got the full details now of the CCJ and an ammended credit file as everything is now linked together. I've got the forms to have this judgement set aside and will be posting them on monday. Ok so now my credit file is 100% up to date I did some more digging and have found a credit search done by the claimment 3 months AFTER I stopped trading. My file goes way back to before I even started trading and there is no other credit search performed by them before that time. So if you all read the orginal post, I know I never signed any paperwork relating to a credit account and was only given a pro forma acount when I signed up. The nature of those documents were purely for registering with the company. Will this help back up my claim that no credit aggreement exists? Surely a court would see this as possible bad practice for not performing a credit search and evidence that I never signed up for credit? I'm going to tackle this in court for setting aside and follow up as having never been served papers despite the claimment knowing my home address and phone number and having the opportunity for over 12 months after I stopped to trading to contact me at that address. I want the right to defend myself and under 1974 consummer credit law as no credit agreement exists this is an unlawful debt. I also want full details of the debt, like a break down, so I can actually decide if I do owe this or not as I havent a clue thanks to loss of paperwork. I also rang Marstons Group today and told them the following which will be confirmed in writing: I'm putting in a claim to have this judgement set aside and enforcement stopped, this is the first I know of this alledged debt and I want the right to defend myself. I have no paperwork relating to any of this so no way of even working out if I'm liabel (sp) for this amount. I have nothing other than a piece of paper with the claimments name and how much they say I owe. Plus I never even had a credit agreement with this company so this is an unlawful debt. I have no intention of allowing you lawful access to my house (its a maisonette by the way so good luck on the ladders) I have no outbuildings or a car as I don't drive. I also said, but I'd like you guys to confirm as I got this off the insolvency advice line, I'm aware your allowed to call 3 times to my house to speak directly to me after that if I'm refusing to cooperate its harassement and intimidation and you have to take this back to the claimment who can decide if they wish to pursue further. They said: right ok, but this has been to court and you now have a CCJ the high court is involved and we have extra powers than a standard bailiff we are required to inforce this and collect the debt. He also said I wasn't guaranteed that the judgement would be set aside and that any detials regarding the nature of the debt were not his concern ( I did say that myself as I explained my reasons for not paying). A judgement may take weeks to set aside and in the meantime they will enforce and they can vist as many times as they liked, this problem would not go away. I said: a CCJ had only found me liabil by default, I am neither guilty or innocent the court has meerly ruled you have the right to send in the bailiffs to collect which I don't have to cooperate with, I have the right to put up a defence, my reasons for judgement set aside are vaild and I also have a strong defence against the debt theres no reason why it won't happen. I also said the only reason this was high court was because of the amount, he paused and said yes, and otherwise it was nothing special. I repeated that I had no intention of allowing access or signing anything or even answering the door ( I'm going to shout from the 1st floor kitchen window) if an officer called. I asked for any additional details but he had none other than the case number I pulled off my ammended credit file. He hung up after saying they would continue to enforce until told otherwise. Eventful day! Did I make any mistakes and can anyone correct me on anything for future encounters? Sorry forgot to add the case was heard end of August this year and I argued over the number of times officer could call, I said they could call as many times as they wanted but they could only call and speak to me directly 3 times before that had to send it back if I was not cooperating. I think he was just unsure about this as he stuttered alot and then moved on to something else. I'm a bit unsure too so can anyone confirm? Final thing I forgot to add was I said to mr bailiff that in the event that the court rules I am liabil for this debt after it has been set aside I intend to petition the courts to examin my finances and rule what my repayments should be and I have no intention of setting up a repayment plan with any bailiff, only a court approved one.

lol ok I'll let you know how I get on with all this tommorrow but I'll check back later to see if anyone else has anything to add thanks!

Little bit more info for you guys I've just pulled my credit report and theres nothing on it apart from a credti search performed by the original company 2 months after I left my temp premises so roughly nearly 2 years ago but otherwise credit wise I'm in fine shape apart from the fact I'm not yet on the electrol role here. So surely a court action would appear here? what should I ask marstons for when I contact them other than the court case details etc?

I'll call at the local court tommorrow as its on the way to school (very handy) theres no writ number, the bailiffs aren't calling themselves anything other than a reference to " in the event you can't pay my officer " it just has company details top right and the title " IN THE HIGH COURT OF JUSTICE QUEENS BENCH DIVISION " plus details relating to a writ Ie 8% interest etc etc. theres no mobile number only a request to contact the office otherwise they will be back shortly with removal contractors No bailiff name

No I was a sole trader and am no longer trading This letter is the first I know of this, theres nothing other than a list of fees and a threat to take goods. the claiments name is on it and the defendents (me!) The letter says they have recieved a high court writ against me but theres nothing to back that up. Now I'm wondering if this has been to court? Would this letter not contain details of the court if it had? Or would the bailiff wait to speak directly to hand me such details? thanks so far guys guess I need help on how to find out if this went to court and which one

Hi everyone and thanks in advance for any advice or help you guys put this way Basically came home this morning after dropping the kids off at school to find a hand delivered envelope from Marston Group regarding unpaid debt. Quick background history, nearly 3 years ago I took over the local toy shop and traded for just over a year before a fire at the premises next door to mine basically gutted everything. (it was very dodgy circumstances for the premises where the fire started but thats another story) Whislt waiting for the insurance to sort out I made the decision to cease trading but did as a temp solution before this rent nearby premises for 3 months to wind up things online as most of my business online was unaffected by the fire. Ok so I wound everything up in those 3 months and basically worked from home for the next 18 months at my previous address, recently have moved. In all that time I heard nothing and the claimant had my home address and number now I walk in this morning to face this: Claimant company is pursuing me for £8710 which with bailiffs fees totals £10,290. Funny really because when I signed up with this supplier I couldn't get a credit account at the time, as was normal for most wholesalers, I signed up to open a pro forma account basically that means I place an order, pay for it in full then they dispatch it out. Now I was dealing in thousands of pounds here, I spent over £60,000 with them in the first year all on pro forma status. The field rep visted just before xmas in my first year of trading and told me of an offer were I could order say £2000+ of stock and pay 3 months later. He made up an order I approved it and he sorted it out. I never signed anything he just made notes of what I thought I needed and wanted, no mention of credit or anything. I was not led to believe this was a full on credit I admit maybe I was a bit navie (sp) Some time later I discovered, after placing several orders and them arriving before I'd even paid that I'd been "given a credit account". I spoke to the field rep who told me I needed a credit account to get the xmas order. Ok I thought. I continued to pay up front but this company is quite pushy and thought nothing of sending me stuff I didn't ask for and on occassion sent back. So really this is the only way I can think I owe money, most of the recent paperwork before I ceased trading was destroyed in the fire so I've no invoices to go off and as far I was concerned I was paid up (they said as much at the time when I checked) but I was ordering 3 times a week and each order was always around a £1000 so I can see how a few missed orders at the time of the fire could amount to £8000. Bottom line if I owe money I want to pay it but I'd rather do it on my terms not through Bailiffs. I've never heard anything before this of any debt and I never signed a credit agreement with this supplier or agreed to my account being upgraded in this way. I want to basically tell the bailiffs were to go and get this sent back to the orignal company and deal with them. I'm pretty sure as they will be unable to produce a credit agreement none of this will stand up in a full on court case so I'm thinking I may be able to repay this, if they can provide proof I owe of course, on my terms and in my own time. Advice anyone before they come back? Just wanted to add I'm fully within my rights to refuse to deal with the bailiffs aren't I?