Marstons and CPL Petroleum

[Dejee]

Several years ago i was made redundant days after having my heating oil filled up. We attempted to pay monthly however after one returned DD CPL petroleum took it to court and a CCJ was issued. We have no quarrel with paying the debt and the charges however after almost two years we have paid £912. The initial debt including court costs was £852.21. We were late with our January payment and rang Marston group to make the payment and were refused. Marstons claim to have a court warrant for seize property.

We have received several telephone calls threatening with bailiffs, i have used information from this site to gain account statements, we believe that the amounts now shown have been altered from the original debt however we are not in possession of the first letters we received which showed the amount owed.

Are we able to apply for these letters to be sent again?

Marstons now claim we still owe £436.69. My wife is now on anti depressants and CPL oil claim not to have received full payment from Marstons for the debt.

 

Please help.

[dx100uk]

you only need to pay what is listed on the judgement section of the CCJ.

 

have you got that?

i'll get this thread moved to the bailiffs forum.

 

dx

[cerberusalert]

Moved to Bailiffs Forum

[Dejee]

you only need to pay what is listed on the judgement section of the CCJ.

 

have you got that?

i'll get this thread moved to the bailiffs forum.

 

dx

 

 

CPL oil have just emailed us a copy of the judgement. Am i right in saying that i can tell Marstons that i am not paying a penny over that amount listed on the CCJ? If so how?

 

Thanks for the quick reply

[dx100uk]

yep.

 

just make sure you are clear that it does not mention things like interest or charges.

 

now marston might well of added bailiff fees, have they notified of these.

they can do that, but they often add more fees than they sshould, esp if they have never visited.

 

dx

[ploddertom]

Several years ago i was made redundant days after having my heating oil filled up. We attempted to pay monthly however after one returned DD CPL petroleum took it to court and a CCJ was issued.

 

Did you know about the CCJ, did you get a chance to defend/admit?

 

We have no quarrel with paying the debt and the charges however after almost two years we have paid £912. The initial debt including court costs was £852.21. We were late with our January payment and rang Marston group to make the payment and were refused. Marstons claim to have a court warrant for seize property.

 

How are Marstons involved, was this transferred up thro' the High Court so Marstons are involved as HCEO's.

 

We have received several telephone calls threatening with bailiffs, i have used information from this site to gain account statements, we believe that the amounts now shown have been altered from the original debt however we are not in possession of the first letters we received which showed the amount owed.

Are we able to apply for these letters to be sent again?

Marstons now claim we still owe £436.69. My wife is now on anti depressants and CPL oil claim not to have received full payment from Marstons for the debt.

 

Please help.

 

Think this may be a bit deeper than at first sight.

 

PT

[Dejee]

Are they obliged to send me a copy of the first letter which outlined their charges? The CCJ does not include any other charges. the final amount at the bottom of the judgement is of £852.21

I assume that CPL us Marstons to collect payment. We have to date paid Marstons £912.

[ploddertom]

CCJ

If you have a CCJ against you and don't pay then there are several options the Claimant can take:

1 - Forget about it - not likely to happen

2 - Employ the Court Bailiff - has limited powers and is paid a salary

3 - employs Private Bailiff - like Marstons who adds charges etc which you have to pay

4 - transfers up to High Court - Marstons again but charges added are much steeper which again you have to pay

 

There are others but we don't need to go there as they don't involve Bailiffs. What we need to decide is which one of the above applies to you. As you mention Marstons we can forget 1 & 2. Some where you should have some paperwork from Marstons, also has he been in your home and if so do you know if he has levied on any goods or on your car.

 

PT

[Dejee]

CCJ

If you have a CCJ against you and don't pay then there are several options the Claimant can take:

1 - Forget about it - not likely to happen

2 - Employ the Court Bailiff - has limited powers and is paid a salary

3 - employs Private Bailiff - like Marstons who adds charges etc which you have to pay

4 - transfers up to High Court - Marstons again but charges added are much steeper which again you have to pay

 

There are others but we don't need to go there as they don't involve Bailiffs. What we need to decide is which one of the above applies to you. As you mention Marstons we can forget 1 & 2. Some where you should have some paperwork from Marstons, also has he been in your home and if so do you know if he has levied on any goods or on your car.

 

PT

Marstons were handed the debt straight from the CCJ. We have been paying the debt monthly (to Marstons) and have paid now over £900. We have had nothing from the high court about this debt and CPL have forwarded us the information they have which again mentions nothing of the high court.

Marstons claim to have added extra charges for an extra CCJ which according to them was taken on 11/03/09. We have nothing to suggest this is true. The enforcement fees for the debt are a staggering £445.86 for an original bill of under £600! Its seems to us that now all the other costs and original bill are paid that Marstons are pushing to take as much from us as they can. We have had a letter and numerous telephone calls threatening us with baliffs and yet nobody ever turns up. My wife was today prescribed anti depresants and the doctor has advised we instruct them to contact us only by mail in future.

[fluffy_bunny]

Private Bailiffs cannot work CCJ's - It must have been transferred up to high court and been turned into a writ - I don't think you get informed of this but am not sure

[Dejee]

At what point would that happen? As i said we have been paying the debt up to January when we were late and the payment was refused by Marstons.

[dx100uk]

urm.....i smell a rat.

 

dx

[Dejee]

This is what we feel. I have contacted them and asked for a breakdown of the charges and just got the list of charges. Nothing to say what the charges are for!

[ploddertom]

This is what we feel. I have contacted them and asked for a breakdown of the charges and just got the list of charges. Nothing to say what the charges are for!

 

Is there a charge on it for £101-75?

 

PT

[Dejee]

yes and that charge is also on the CCJ.

[High Court Enforcer]

you only need to pay what is listed on the judgement section of the CCJ. have you got that?

dx

 

Talking rubbish again dx.

[ploddertom]

yes and that charge is also on the CCJ.

 

 

It would appear then that this has been transferred up to the High Court, that also explains why it had to through another Court procedure in March last year as the Writ is only valid for 1 year and must be renewed - unfortunately that also means it is due to be renewed again any time now.

 

It would appear that someone has been less than economical with the truth about what you have against you. I would suggest therefore rather than writing to marstons for a breakdown you should now write and ask for a SAR - costs £10 but will produce the info you will need.

 

PT

[Dejee]

Thanks for your time people. I'm gutted that after two years of paying that this lot have decided to start throwing on extras because we were late in paying one bloody payment!

[dx100uk]

Talking rubbish again dx.

 

no not really,

looks like marstons trasfered it to a high court when there was no need to, but ofcourse we didn't know that at the time of the reply.

 

behave.

 

dx

[ploddertom]

You can still challenge the fees you are being charged and that is one of the points about applying for the SAR. This will list a timetable of events and charges and if you disagree with what some of the charges are allocated against you can challenge them.

 

The Claimant never had to tell you the CCJ was turned into a High Court Writ of Fieri Facias and at the same time Marstons never had to tell you they were coming to see you. Have you ever been left a Seizure of Goods form. It may also be a good idea if you can list exactly what paperwork you have been given.

 

Did you for instance have the Judgment entered against you by Default and if so did you ever get an opportunity to Defend/Counterclaim or arrange a payment schedule through the Court.

 

PT

[Dejee]

We never had the chance, we received the CCJ papers after it had been to court and were told at the time that there was nothing we could do. CPL still maintain that it was just a CCJ and that other than Marstons collecting they have made no further moves. I have a feeling this is just Marstons trying it on. Paperwork wise we have had nothing other than a letter to say they were coming. We then had a phone call again last week saying they were coming. My wife explained that we'd been told this the week before and nobody came. The guy who called said that nobody could have come as the warrant was only issued the day before!! Still nobody has come.

[ploddertom]

We never had the chance, we received the CCJ papers after it had been to court and were told at the time that there was nothing we could do. CPL still maintain that it was just a CCJ and that other than Marstons collecting they have made no further moves. I have a feeling this is just Marstons trying it on. Paperwork wise we have had nothing other than a letter to say they were coming. We then had a phone call again last week saying they were coming. My wife explained that we'd been told this the week before and nobody came. The guy who called said that nobody could have come as the warrant was only issued the day before!! Still nobody has come.

 

Am I correct in assuming you never had chance to defend yourself? Did you ever receive the original papers from the Court? If the answer to question 1 is yes and 2 no then you do have a chance of getting the original Judgment set aside. There does appear to be something seriously wrong here which needs to be addressed.

 

PT

[Dejee]

Ok guys an update and good news. The CAB came through for us and Marston have basically all but given in. No Balliffs were ever sent nor did they have a warrant. Marstons were using scare tactics in order to get us to cough up far more than we owed.

We mailed Marstons several times asking for a break down in their charges and each time we were mailed something else.

So today the CAB contacted Marstons and informed them that to stop any further action we would pay £5 a month until the case has been investigated. Martsons agreed but were also informed that after the investigation all charges would be reclaimed including the charge we had every month for paying via card.

 

On a different matter from the same period we had Council Tax arrears and yesterday recieved a Baliffs letter. We took that straight to our council tax office with an old letter from them which stated " If you default on this arrangement we will make an attachment to earnings order" Now our council informed us that its a standard letter and that they must follow what their advice says. My advice is to anyone who recieves a letter take it straight in with any mail that threatened AOE. Hopefully like ours it will be recalled there and then.

Thanks to everyone that helped and resta ssured that the second we get our money back i'll donate to the site.

 

Derrick.

[dx100uk]

thats good.

 

should shut our resident troll up!

 

dx

[ploddertom]

I'm pleased you have a result of sorts. I still believe you have a good chance of applying to have the original CCJ Set Aside and this could mean that all the charges administered by Marstons could be scrapped/refunded meaning the debt is already paid off. Did the CAB not mention this?

 

PT