Marston HCEO Notice of Seizure

[twelveoclock]

Sorry, kateetak, for posting on your thread. I did start a new thread but then people were replying to me on this one instead. I hope you are able to deal with your issue.

[kateetak]

No problem twelve o'clock. I hope you resolve your problems too.

 

So back to the Marston's story. The plot thickens. Another letter arrived on Friday or Saturday claiming that a brief inventory has been prepared which they have kindly enclosed. There asking me to sign a walking possession agreement which of course I'm not going to. There still claiming the debt needs to be paid and it's now reached £2600! I've been in contact with my landlords/creditors to work out how much I owe them and they're claiming it's around £1000. They've also said they will stop any legal proceedings. What I was wondering was if it was ok for me to continue to ignore Marstons and deal directly with my landlord?

 

I will this week begin putting into place a DRO which should take effect in a less than a month. So I'm not too concerned about Marston's but I'm slightly concerned about my neighbour's car they've added to their inventory! Shall I let this play out like the fiasco it is?

[kateetak]

Hello I have now received another two letters from Marstons. The one received today is to give me fair warning that removal contractors will be coming to my property in one week to seize and remove goods to satisfy the writ.

 

Can they gain access to my property or can I ignore them?

 

I'm in contact with my creditor regarding paying off the arrears.

 

Any help is appreciated.

 

Thanks

[ploddertom]

Getting a bit confused over what is happening here.

 

Have you applied for Set Aside? If not why not?

Have you applied for a Stay of Execution? If not why not?

Have you applied for the DRO?

Providing they have not gained access to your home peacefully then they cannot force entry.

 

PT

[kateetak]

I have not applied for a set aside or a stay of execution as my LL said that legal proceedings would stop.

 

I'm waiting for my credit report to come back from Experian plus I'm trying to sort out £90. not easy when your trying to live off JSA.

 

They've never been inside my property and they never will!

 

I've been on email with my LL about the matter and they assured me that all legal proceedings would stop. Unfortunately that was said over the phone. I've asked that all further correspondence to be via email. I've only ever emailed Marstons and that was to say they need to leave me alone and contact my LL who I cc'd.

[kateetak]

They added on an £80 moneyclaim to my arrears without explaining what it is and I've now worked out this is the fee they would have to pay to Marstons attempts to seize my goods. Unbelievable!

 

I've asked my LL to detail how much I owe them as I'm not paying some arbitrary amount especially as my deposit was never returned.

[ploddertom]

I have not applied for a set aside or a stay of execution as my LL said that legal proceedings would stop. Problem you have is that LL has probably not informed HCEO. However if they do then your LL willbecome esponsible for all charges to date and in reality I don't see them doing that.

 

I'm waiting for my credit report to come back from Experian plus I'm trying to sort out £90. not easy when your trying to live off JSA. This will have to go back to Court as you cannot just wipe a CCJ out.

 

They've never been inside my property and they never will! Pleased to hear that.

 

I've been on email with my LL about the matter and they assured me that all legal proceedings would stop. Unfortunately that was said over the phone. I've asked that all further correspondence to be via email. I've only ever emailed Marstons and that was to say they need to leave me alone and contact my LL who I cc'd.

 

PT

[ploddertom]

They added on an £80 moneyclaim to my arrears without explaining what it is and I've now worked out this is the fee they would have to pay to Marstons attempts to seize my goods. Unbelievable! The £80 fee would be to start the original claim, this is added to your debt, to employ Marstons they had to have a CCJ first, then transfer it up to High Court for enforcement - extra cost again of £60.

I've asked my LL to detail how much I owe them as I'm not paying some arbitrary amount especially as my deposit was never returned. Was your deposit held in Deposit Scheme?

 

PT

[kateetak]

No it wasn't. My landlords are called Camelot property and you sign a licence agreement not a tenancy http://uk.cameloteurope.com/

 

They were so badly organised hence them chasing me two years after I moved out.

 

Shall I wait for my LL to contact me on monday as agreed by them in email or shall I go ahead and do the set aside and stay of execution asap?

 

And what do you mean by this will have to be sent back to the courts? a ccj can't just be wiped out? I was under the impression this debt can be added to my DRO without any problem.

[ploddertom]

 

Shall I wait for my LL to contact me on monday as agreed by them in email or shall I go ahead and do the set aside and stay of execution asap? Give them till Monday & if they drag their heels submit the forms.

 

And what do you mean by this will have to be sent back to the courts? a ccj can't just be wiped out? I was under the impression this debt can be added to my DRO without any problem. I don't doubt it could be added to your DRO but why accept a CCJ that you knew nothing about and probably shouldn't have had. It will prevent you getting credit for 6 years and will make life difficult should you wish to move if your new LL does a credit check.

 

PT

[kateetak]

Fortunatley I'm in a HA property now and have it till I'm old and grey as long as i pay my rent!

 

I don't care about not having credit for 6 years. Credit sucks! I'd rather save and buy and have what I need. The DRO feels cleansing.

 

But yes your right, I shouldn't accept a CCJ that I knew nothing about. I'l pst back what I hear from my LL on monday.

 

Marstons have listed a neighbours car on the list of my assets so if they do turn up on weds it should be rather entertaining seeing them deal with my neighbour. he's a bit scary!

[ploddertom]

 

Marstons have listed a neighbours car on the list of my assets so if they do turn up on weds it should be rather entertaining seeing them deal with my neighbour. he's a bit scary!

 

Have you advised them of this? Have you advised your neighbour - who should submit a 3rd Party Claim?

 

PT

[kateetak]

No I haven't told my neighbour or Marstons. If you think I should I will. The car belongs to a neighbour that lives in the flat across the street.

[brassnecked]

No I haven't told my neighbour or Marstons. If you think I should I will. The car belongs to a neighbour that lives in the flat across the street.

 

You should as your neighbour's 3rd party claim, would confirm the invalidity of Marston's levy, and if he is as scary as you say, may well protect him from getting arrested by police if he confronts the bailiff who is attempting to remove the car, as the police would likely support the bailiff

[kateetak]

Hello. It's not the scray neighbour who own the car. Thats the guy who lives downstairs. The car owner lives across the road and seems like a reasonable quiet type. I've emailed Marstons to let them know it's not my car. they never reply to my emails. Do i have to tell my neighbour who owns the car the situation? I'd rather not discuss my personal business as it's quite embarrassing.

 

Also, my LL never got back to me as promised!

[brassnecked]

Hello. It's not the scray neighbour who own the car. Thats the guy who lives downstairs. The car owner lives across the road and seems like a reasonable quiet type. I've emailed Marstons to let them know it's not my car. they never reply to my emails. Do i have to tell my neighbour who owns the car the situation? I'd rather not discuss my personal business as it's quite embarrassing.

 

Also, my LL never got back to me as promised!

 

It's down to you, but if the bailiff does remove the car and he possibly might, your neighbour would contact the police who may well find out bailiffs have it, and tell him tough it's civil car isn't nicked,