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Marstons Group - Advice please


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Hi,

 

Just over a week ago I had been out of the house looking for work. I returned to find a letter saying that a bailiff had visited to collect a debt amounting to £2600 odd. The Judgement itself is for just over £1600 and with additional interest, judgement costs and execution costs the amount totals the£2600.

 

So, I did a little digging and I was advised on another debt help forum to send them a letter asking them where the original debt came from and not to sign it. I did exactly this quoting the reference numbers etc. I don't recognise the claimant who is FV-1, Inc which is why I'm very confused as to what's going on.

 

I received a letter the following day, confirming that I had been visited and again asking for the amount of over £2600.

 

Now, my primary issue that a CCJ has obviously been filed to which I have no knowledge about, and I'm still at a loss as to where this debt comes from. I do have an inkling that it could be from a bank loan that I honest to God completely forgot about having had the account closed and moved house. Oversight on my part there.

 

I have received a letter this morning informing me that Removal Contractors will be visiting on a certain date and that I'm to arrange an mutallly beneficial time for this to happen. Now, obviously I won't be opening the door to any at all. That's just not going to happen at all. I know my rights there and I have read all of the advice as to how to deal with bailiffs should they show up, as well as what they can and can't do. There is nothing in the letter that claims they have been given rights to use a locksmith either.

 

My question here is what can i do from here. I have sent them a letter asking for the information however I have received nothing back yet. Can they continue to hound me whilst they look for this information or is there some other offical method I need to use. I don't know which Court the Judgement is with. In fact, I have no information about this debt other that what Marston has provided me with. Surely there must be something I can do? Any advice would be greatly appreciated.

 

Cheers,

 

Cal

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Hi Sillygirl,

 

Thanks for posting so quickly.

 

The issue is that i don't know which court the Judgement was enforced by, so i can't contact them directly. I would need to speak to Marston about it, but I'm at a loss as to how to go about this as they've not replied or confirmed that they've received the letter I've already sent them, which naturally, they're not going to.

 

The letter I sent to them was sent by Recorded Delivery. I know it's been delivered but I don't have a signature to say who it was received by.

 

Thanks,

 

Cal

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Hi,

 

Just to add a little to this I can give you a slight update as I've just realised something and am a little suspicious that I've only received one letter because of a letter I have sent to them.

 

The letter I sent to them by recorded delivery, and I have proof of delivery on goes as so:

 

"Dear Sir/Madam

Please see the information below with regards to the letter I have received through my door.

Your Ref: XXXXXXXXXX

Firstly I would like to make it known that I do not acknowledge this debt in anyway. In addition, I have not signed for, nor received any form of correspondence with regards to this debt from you, or from FV-1, Inc.

Your letter does not inform me as to where this debt has come from, or from when this debt originated.

The total levy you have claimed payment for is £XXXX.XX which has been broken down.

The Judgement debt is for £XXXX.XX. I would like to be provided with the original credit agreement in order for you to prove that the amount you are requesting from me is valid.

There are execution costs of £XXX.XX. What are these execution costs for? What are they related to and who has applied this costs? Could I please have the documentation showing that why and how these 'costs' were added.

There is interest to 03/09/10 added of £XXX.XX1. When has this interest been added from, at what rate has this interest been added and who has this interest been added from. Again, I would like to see the documentation that allows this to have happened.

There are Officers Fees added of £XXX.XX. Why are you requesting payment from me for these fees?

 

 

Yours faithfully

 

(My name)"

 

This was received at 09.02 on the 21/09/2010. I'm waiting to get an actual signature from the Post Office as it takes 3 - 5 working days.

 

The letter I received today from Marstons is dated the 21/09/2010 and is a letter informing me that they will be sending the removal contractors over on the 29/09/2010 due to the fact that the execution has not been settled. it also states that any costs incurred on their part will be added to the amount that I allegedly owe them which will be £300.00 for the first hour and £200.00 for any hour or part thereafter.

 

I find it interesting that this letter was sent to me on the same day that they received the letter from me requesting information from them.

 

So, can i still disregard the liability until they provide me with information? Also, how long do they have (if there is indeed a length of time they have to answer me by) to get the information to me?

 

Cheers,

 

Cal

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Ignore this at your peril. I believe you are dealing with Marstons as High Court Enforcement Officers and what you have is a Writ of Fi Fa, I imagine the letter they have left you may be a Form 55.

 

HCEO's are a bit different to the ordinary run of the mill Bailiff but the golden rule still applies - do not let them gain entry. They are allowed to force entry to any detached building on your property - garage for example.

 

You urgently need to find out if you have a CCJ and where it came from. You can do this through any of the free trials the Credit Reference Agencies use or by going through Registry Trust - cost £8 I think. If you find a CCJ you know nothing about you may apply to have the Judgment Set Aside - have a read of this:

 

http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

 

The most pressing matter at the moment is how to deal with the HCEO as he will keep enforcing and adding charges. If you apply for set aside also apply for a Stay of Execution on the same form, this is actually more important than the set aside application. A Stay will halt all HCEO action & charges pending determination of your set aside application. You need Form N244 from the HMCS website - cost £75 for application, if on benefits or low wage you need Form EX160 for Fee Remission.

 

PT

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Okay, am a bit confused about all of this and thankfully I have a friend who works at a Magistrates Court is going to have a dig around for me and see if they have any record of this.

 

The first letter (the one pushed through my door) does have High Court of Justice and Queens Bench Division on it though I'm not sure what this means. Could somebody who's savvy on this explain exactly what this means with regards to recovering debts?

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Okay, am a bit confused about all of this and thankfully I have a friend who works at a Magistrates Court is going to have a dig around for me and see if they have any record of this.

 

I doubt your friend will be able to help.

 

The first letter (the one pushed through my door) does have High Court of Justice and Queens Bench Division on it though I'm not sure what this means. Could somebody who's savvy on this explain exactly what this means with regards to recovering debts?

 

Someone you owe money to has obtained a CCJ with or without your knowledge. You have been adjudged "guilty" and ordered to repay a sum of money. The Money has not been repaid and the CCJ has been transferred up through the High Court for enforcement.

 

You should also read my previous post above.

 

PT

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Find out what address the CCJ was adjudged against you and get a copy of the document from the court (fee £10) then if thats different to the HCEO letter then the claim is not be valid because you have evidence that due process has not been properly effected.

 

Section 2 of the Interpretation Act 1978 says:

 

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Professional property investor and conveyancer

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