A little advice please

[podgydad]

My girlfriend has received a letter from Marston's this evening, hand posted at around 9pm this evening, she was in, nobody knocked or rang the bell.

 

It's regarding a heating oil bill from a previous property, this is the first she has heard about it. I'm assuming a CCJ must have been issued, but as I say, this is the first she's heard. The debt was around £800, they are demanding £1400. A fifa writ has been issued.

 

Am I right in assuming that we can simply pay the CCJ amount to the original creditor and tell Marston's to do a running jump for their fees?

[dx100uk]

so you have not had any paperwork concerning the CCJ?

How do you know one exists?

i'd pop up on a CRA site and get a copy of your report.

then if you find out the Court, i'd ring & apply for a Stay of execution, based on the fact that you have had no chance to contest it/no paperwork served direct.

 

dx

[podgydad]

Thanks for the advice.

 

When court proceedings are issued, does the defendant have to sign for the documents before they are deemed as served?

 

You say we need to apply for a stay, what's the point if she's going to pay it? Sorry if that's a daft question.

[tomtubby]

The creditor has obtained a CCJ and paid a sum to have the case transferred up to the High Court for enforcement and it is then passed to a High Court Enforcement Officer (HCEO). Marston's are such a firm.

 

The ONLY way of having this debt taken away from Marston (and cancelling their fees) is for the creditor (oil company) to agree to tack the debt back or for your partner to apply to have the Judgement set aside on the basis that she was unable to either pay the debt at the pre judgement stage or to file an objection to the action.

 

The creditor is most unlikely to take the debt back as they will not want a claim from Marston Group for the lost fees. The CORRECT route would be to apply to set aside the Judgement. This will also stop all enforcement action.