Walk in possesion order from marstons

[mattmahy]

Hi im new to all this and a bit tame so bear with me....

 

Wednesday this week a man banged on my window asking for my partner and i said he wasnt here

I told him who I was and he says hes from the high court and he has a letter for us to do with our ex landlord (wont name company names but will call them pb), I said oh right then,

 

he didnt once mention that he was a baliff form Marstons so i just invited him in and he sat down and explained that this had gone to the high court and it was in there hands.

 

At the time I didnt twig who he was as he didnt show me any I.D......but even stranger was he was kind and polite

he wasnt interested in any of my goods in any room apart from the room he was sat in and that was the kitchen,

he only listed the microwave, cooker, washing machine, table and chairs and caravan he wasnt interested in anything else, he didnt even list my classic car.

 

Now I got a letter through today saying I had refused to sign the walk in possession order...huh?

I wasnt even asked to sign any order when this chap visited me....

.Im really worried that they will gain access to my property whilst im not in,

Im trying to come to some arrangement with them but its difficult when you're on JSA and the debt line says i cant even afford one pound a week at the moment

and they have advised me to apply for a DRO....which Im probaly going to do just to sock it to my ex landlord as he is a complete jerk and law breaker.

 

 

 

can i please ask for some advice...

 

 

many thanks

 

Matt

[dx100uk]

what is the debt for?

 

dx

[mattmahy]

Hi the debt is for unpaid rent due to illness and Housing benefit issues.

[ploddertom]

Do you have a CCJ?

 

PT

[mattmahy]

Do you know what I havent a clue no one has informed me that I have I didnt even know this was going to the high court, it has been to county court before.

[ploddertom]

The suspicion has to be that you have a CCJ against you, for whatever reason this has not been paid and has been transferred to the High Court for enforcement. To have done this the CCJ + any costs must have been for more than £600. What form(s) has the enforcement officer left you - is it a Form 7 or Form 55?

 

PT

[dx100uk]

i'd poss check your cra file too?

 

dx

[mattmahy]

The original debt was for just over 2000, and the forms he left me with were prescribed form no 55.

[ploddertom]

The original debt was for just over 2000, and the forms he left me with were prescribed form no 55.

 

Thanks for that. The person that attended was a High Court Enforcement Officer and alsready I suspect your debt will have risen by another £1k because of their charges and each time they come will add more.

 

You say this was due to rent arrears whilst Benefits were being sorted out, is this now done and have you had a refund of what was owing - if so has this gone to your Landlord? Are you still living in his property?

 

PT

[mattmahy]

Nope been out of his property 6 months now, and benefits were a major cock up had a solicitor involved wont issue a refund.....though the landlord has our deposit repaid to him form the DPS with our agreement.

 

I just really want to know what to do form here???

[ploddertom]

If you knew about the CCJ then there is not much that can be done about that unless you can show some grounds why it may be Set Aside.

 

However at present the main concern is the HCEO as once they get their claws in they are loathe to let go. I note the contents of what they have levied on and although there are exempt goods on there it does not make the rest of the levy invalid unfortunately. If your goods were to be removed and sold at auction then they would reallise very little apart from the caravan - is it very old or is it on any finance? I amsurprised they did not levy on the car. The theory about the lvy is that goods seized and sold at auction may only realise approx 10% of their worth, realistically he is looking for goods to the value of at least £20k. If they do sell and it does not cover what you owe they willcome back for more.

 

How to deal with this. Go to the Courts website and look for Form N244, you will need to apply for a Stay of execution against the HCEO. The grounds you will be applying on are:

1 - you cannot afford the Fees the HCEO is demanding

2 - the HCEO has seized some of your goods and is threatening to remove and sell them despite their having little value which will not cover any of the expenses involved.

The fee for this application is £80 but if you are on certain Benefits or a low wage this can be waived. See also Form EX160 for Fee Remission.

 

Take that form to the Court in person on Monday morning. Explain the urgency of the application and usually a Judge can be found that hear and grant your Stay immediately. If successful you must inform Marstons ASAP of the outcome giving them them the time, date, Judges name & Court where it was done. Do the same when you receive the paperwork - do not rely on others.

 

PT

[ploddertom]

 

Now I got a letter through today saying I had refused to sign the walk in possession order...huh?

I wasnt even asked to sign any order when this chap visited me....

.Im really worried that they will gain access to my property whilst im not in,

Im trying to come to some arrangement with them but its difficult when you're on JSA and the debt line says i cant even afford one pound a week at the moment

and they have advised me to apply for a DRO....which Im probaly going to do just to sock it to my ex landlord as he is a complete jerk and law breaker.

 

 

 

can i please ask for some advice...

 

 

many thanks

 

Matt

 

Never got the chance to answer the rest earlier. You do not have to sign any Walking Possession Order the HCEO has left you - I suspect he may have had words with his superiors over this and said you refused. A signature only entitles them to charge an extra fee and usually says you can use your goods as normal but will pay up within 5 days otherwise they will remove & sell. As a residential property that he has already gained peaceful entry to he could in theory force entry on a return visit but would need to be indemnified by the Claimant before taking this action - in practice this very rarely happens and is another reason why applying for the Stay of Execution is so important.

 

Turning to the money you owe

It will pay you to also fill in Form N245 for a Variation Order whereby the Court will set a sum of money that you pay on a monthly basis - this can be as low as £1 per month. You need to fill in the I & E that goes with it. If you decide to do this then on your application for the Stay you use another ground for it being granted:

3 - pending determination of your Variation Order

 

PT

[mattmahy]

Thank you for all your replies just two things that still bother me....

 

What if the court cant deal with this urgently and it takes them two weeks?

 

how long will it be before they come and steal my stuff they have so kindly seized?

[mattmahy]

Thank you for all your replies just two things that still bother me....

 

What if the court cant deal with this urgently and it takes them two weeks?

 

how long will it be before they come and steal my stuff they have so kindly seized?

 

What do i do about Marstons in the mean time?

[turtlesnapper]

Some quick and urgent points:

 

1. As this has been transferred to the High Court there will be a writ of Fieri Facis (commonly known as Fi Fa) issued from the High Court and that is what Marstons are executing. It is to the High Court, District Registry that the writ of Fi Fa was issued from, where you must go for an Application of Stay of Execution (Fee £45) - Not the County Court , although some County Courts are also a High Court District Registry. If you are not close to the District Registry you can go to the High Court, Queens Bench Division in the Strand, London and you will be able to go before a Master in Chambers with a short wait on the same day.

 

2. If you don't have it, call Marstons to get the Writ number and the Court it was issued from. Also say to them you are unable to pay today but are making arrangements to to deal with this within 7 days. Try not to get led into saying what you mean by deal with it - but ask them to arrange an appointment to visit in a week or ten days.

 

3. Call the Court which issued the writ of Fi-Fa and say you want to make an Application Without Notice to a Judge today or tomorrow. If they can't offer you an urgent appointment or are too far away, then consider going to the High Court in the Strand - if you do decide that your application will also need to state why you want it transferred to the Queens Bench Division - a reasonable reason is that the District Registry that issued the writ cannot deal with it in a reasonable time - if you decide to do this call the High Court and explain it to the Master's Clerk.

 

4. Prepare your Application with reasons why you want the stay of execution - you are making an Application to the County Court for an Order that this is paid off over a period of time then set this out and also attach a copy of that Application to your High Court Application. (The County Court Application is £80 but you can apply for a waiver of fees on the basis of hardship - do a google search). If there are valid reasons relating to a local authority and housing benefot then explain these and attach any evidence you have to show this.

 

If you have any queries please ask and I will try to help.

 

I am not a lawyer - but I have helped get 3 stays of execution in the High Court and beginning to know how it works and some of the pitfalls.

 

You will find that a Master in Chambers is sympathetic - but you must be honest and give them the evidence they need to help you.

[wonkeydonkey]

Tell what area are you in and then I will check for you what Court you need.

PT has guided many on this process and with great success, don't panic, I will send him a PM and ask him to look in on your post again.

 

WD

[turtlesnapper]

Hi im new to all this and a bit tame so bear with me....

 

Wednesday this week a man banged on my window asking for my partner and i said he wasnt here

I told him who I was and he says hes from the high court and he has a letter for us to do with our ex landlord (wont name company names but will call them pb), I said oh right then,

 

he didnt once mention that he was a baliff form Marstons so i just invited him in and he sat down and explained that this had gone to the high court and it was in there hands.

 

At the time I didnt twig who he was as he didnt show me any I.D......but even stranger was he was kind and polite

he wasnt interested in any of my goods in any room apart from the room he was sat in and that was the kitchen,

he only listed the microwave, cooker, washing machine, table and chairs and caravan he wasnt interested in anything else, he didnt even list my classic car.

 

Now I got a letter through today saying I had refused to sign the walk in possession order...huh?

I wasnt even asked to sign any order when this chap visited me....

.Im really worried that they will gain access to my property whilst im not in,

Im trying to come to some arrangement with them but its difficult when you're on JSA and the debt line says i cant even afford one pound a week at the moment

and they have advised me to apply for a DRO....which Im probaly going to do just to sock it to my ex landlord as he is a complete jerk and law breaker.

 

 

 

can i please ask for some advice...

 

 

many thanks

 

Matt

 

They are not allowed to list some of the items you say he has listed - e.g. cooker, table and chairs, washing machine - domestic goods you need for living; equally they are unable to levy on items needed for work or business which can include, car, computer etc. I am sure somewhere here you will find the Guidance note which sets out what can and what can't be taken.

[ploddertom]

Thank you for all your replies just two things that still bother me....

 

What if the court cant deal with this urgently and it takes them two weeks?

 

how long will it be before they come and steal my stuff they have so kindly seized?

 

What do i do about Marstons in the mean time?

 

At the very most it may take an extra day, most of the large Courts are well versed in this - at my own Court they will even produce the paperwork immediately for you to take away. Some of the smaller Courts do not see applications for stays very often and therefore the Judge may like 24 hours to brush up on things - they are human after all contrary to some opinions. If you have applied for the Variation at the same time this will usually take a little longer dependent on the Court workload.

 

PT

[ploddertom]

They are not allowed to list some of the items you say he has listed - e.g. cooker - can be seized if there is an alternative means of cooking -, table and chairs - they have to leave seating in order that the whole household may be seated, excess items may be seized and there is nothing to stop them taking a table -, washing machine - domestic goods you need for living; equally they are unable to levy on items needed for work or business which can include, car - a car can be seized particularly if it is dual purpose vehicle ie used for SD&P -, computer etc. I am sure somewhere here you will find the Guidance note which sets out what can and what can't be taken.

 

PT

[ploddertom]

Some quick and urgent points:

 

1. As this has been transferred to the High Court there will be a writ of Fieri Facis (commonly known as Fi Fa) issued from the High Court and that is what Marstons are executing. It is to the High Court, District Registry that the writ of Fi Fa was issued from, where you must go for an Application of Stay of Execution (Fee £45) - Not the County Court , although some County Courts are also a High Court District Registry. If you are not close to the District Registry you can go to the High Court, Queens Bench Division in the Strand, London and you will be able to go before a Master in Chambers with a short wait on the same day.

 

The Writ is only for enforcement so any applications may be made through the originating Court structure - in this case the County Court. If the case had originated in the High Court then this procedure would be correct.

2. If you don't have it, call Marstons to get the Writ number and the Court it was issued from. Also say to them you are unable to pay today but are making arrangements to to deal with this within 7 days. Try not to get led into saying what you mean by deal with it - but ask them to arrange an appointment to visit in a week or ten days.

 

The Writ No is on the Form 55 which has been left. It is not a good idea to let them know you are thinking of applying for a Stay otherwise they will be back to enforce immediately.

 

3. Call the Court which issued the writ of Fi-Fa and say you want to make an Application Without Notice to a Judge today or tomorrow. If they can't offer you an urgent appointment or are too far away, then consider going to the High Court in the Strand - if you do decide that your application will also need to state why you want it transferred to the Queens Bench Division - a reasonable reason is that the District Registry that issued the writ cannot deal with it in a reasonable time - if you decide to do this call the High Court and explain it to the Master's Clerk.

 

See 1

 

 

PT

[turtlesnapper]

PT

Some quick and urgent points:

 

1. As this has been transferred to the High Court there will be a writ of Fieri Facis (commonly known as Fi Fa) issued from the High Court and that is what Marstons are executing. It is to the High Court, District Registry that the writ of Fi Fa was issued from, where you must go for an Application of Stay of Execution (Fee £45) - Not the county court , although some County Courts are also a High Court District Registry. If you are not close to the District Registry you can go to the High Court, Queens Bench Division in the Strand, London and you will be able to go before a Master in Chambers with a short wait on the same day.

 

The Writ is only for enforcement so any applications may be made through the originating Court structure - in this case the County Court. If the case had originated in the High Court then this procedure would be correct.

Sorry but that is not so if the Clerks to Courts (County and High Court) are to be believed. County Court judgment enforcements such as this are transferred to the District Registry of the High Court and it is that Court which issues a writ of Fieri facias - it is Only that Court which can Stay Execution of that Writ an Inferior Court (County Court) cannot. It matters not where the action started, once a High Court Writ is issued the only place to have that set aside or stayed is in the High Court. If you try and make an Application in the County Court it will be transferred to the High Court to be heard and that will cause delays. Only if the originating County Court is also a District Registry can a District Judge hear the application - but it will be heard in the District registry and not the County Court, albeit in the same building and same courtroom. That is the information that two separate Enforcement sections - one in the High Court, Queen's Bench Division and one in Manchester District Registry have told me in relation to Writs of Fi-Fa

 

2. If you don't have it, call Marstons to get the Writ number and the Court it was issued from. Also say to them you are unable to pay today but are making arrangements to to deal with this within 7 days. Try not to get led into saying what you mean by deal with it - but ask them to arrange an appointment to visit in a week or ten days.

 

The Writ No is on the Form 55 which has been left. It is not a good idea to let them know you are thinking of applying for a Stay otherwise they will be back to enforce immediately. Agree entirely - but as it may take a day or two to obtain the Stay it is better to have made contact and ensure they will not be coming for a week or so - hence saying 'do not get led into saying what you mean by deal with it.'

 

3. Call the Court which issued the writ of Fi-Fa and say you want to make an Application Without Notice to a Judge today or tomorrow. If they can't offer you an urgent appointment or are too far away, then consider going to the High Court in the Strand - if you do decide that your application will also need to state why you want it transferred to the Queens Bench Division - a reasonable reason is that the District Registry that issued the writ cannot deal with it in a reasonable time - if you decide to do this call the High Court and explain it to the Master's Clerk.

 

See 1

[ploddertom]

Seeing as I know nothing I will retire.

[wonkeydonkey]

Sorry but that is not so if the Clerks to Courts (County and High Court) are to be believed. County Court judgment enforcements such as this are transferred to the District Registry of the High Court and it is that Court which issues a writ of Fieri facias - it is Only that Court which can Stay Execution of that Writ an Inferior Court (County Court) cannot.It matters not where the action started, once a High Court Writ is issued the only place to have that set aside or stayed is in the High Court. I had County Court District Registry 400 miles away from the Queens Bench Division where it was issued, set aside a Judgment and encountered no problem doing so.you try and make an Application in the County Court it will be transferred to the High Court to be heard and that will cause delays. Only if the originating County Court is also a District Registry can a District Judge hear the application - but it will be heard in the District registry and not the County Court, albeit in the same building and same courtroom. That is the information that two separate Enforcement sections - one in the High Court, Queen's Bench Division and one in Manchester District Registry have told me in relation to Writs of Fi-Fa

WD

[turtlesnapper]

WD

This may be semantics but it seems there is a difference between a County Court and a District Registry . When a County Court is also a District Registry - and some County Courts are then it can be dealt with by a District Judge sitting in the District Registry based at the County Court. Where there is no district registry based at a county court then it cannot be dealt with at that court . The District Registry is part of the High Court not the County Court - or so it has been explained to me by clerk to the court who also explained that you can't make these applications in all county courts because only some have a District Registry based there. What I was trying to explain was that dashing off to a county court which does not have a District Registry there means it cannot be dealt with there. Equally the District Registry issuing the writ of Fi Fa may be a long way away from the person's home. In that case it can be transferred to another Court such as the Queens Bench division in London. Another way where the court is a long way away is to talk to the issuing court's enforcement section and make the application by fax and pay the fee over the phone by card.

[turtlesnapper]

Seeing as I know nothing I will retire.

 

 

I am genuinely sorry you feel that way.

 

I believe the purpose of this site is to try and help people by sharing knowledge based on practical and personal experience and from that to get the best results that people can get when faced with real problems. I come here with no ego to feed and neither am I seeking to score points - but I have a fair amount of hard-bought first hand experience in certain areas which I am happy to share to try and help people avoid mistakes I have made.