marstons and yorkshire water CCJ

[Chilli501]

hi. ive just had marston round with a notice of seziure.

 

i owe yorkshire water a judgement debt of £794.82, judgement costs of £219.25, execution costs of £111.75, interest to date £6.45

and officers fees of £713.67 (fees will increase by 29p per day whilst in possession) the total levy is £1845.94.

 

i have owed yorkshire water for quite a while and have buried my head in the sand about it along with mortgage and loan debts which nearly had my house repossessed 4 times.

ill tell you a bit about why this has happened

 

just under 4 years ago i was healthy, had a good career as a personal trainer, and had no debts.

 

then i had surgery on my stomach which had complications that took nearly a year to recover from. 6 weeks after i had the operation i took on full care of my 2 grandsons aged just 1 and 2 at the time. they had been neglected by my daughter (we didnt really speak so i had no idea things were so bad) and came to me with less than 24 hours notice.

 

i ended up resigning from work to care for them and due to the fact that it took 6 months at least to get benefits sorted, i ended up in alot of debt.

ive been trying to play catch up ever since.

 

i live with my partner who i got with 6 weeks before my operation.

he has been fantastic but leaves the money side of things to me.

 

having the operation triggered fibromyalgia which is a painful debilitating illness which among other things affects memory and concentration, consequently, ive made several payment arrangements with creditors which i have then totally forgotten about, even after writing it on the calendar i forget to make sure enough money is in the account.

 

i had a visit from a HCEO from marston last week but ive no idea what he said to me!

 

the guy who has come today said that they have the removals van booked for today and that only a payment today will stop it.

 

i have to wait for my partner to come home before i can pay the £20 agreed.

i also agreed to pay £50 a month off the debt.

 

he never came in and i didnt sign anything.

he is waiting for me to call to pay the £20.

 

the problem is that the last HCEO caught me by surprise and i let him in.

i signed a walking possession order that day and i know ive made a big mistake.

 

can anyone tell me what i should do?

i know i can refuse to deal with marston and ask that yorkshire water take the debt back but that doesnt stop the guy returning today.

 

oh, ive just remember that he said that if this didnt move forward that they would be filing for bankruptcy!

im so worried.

any help is gratefully received

 

sorry for the VERY long post. i just wanted to make sure i got everything in

 

anyone?

 

please???

[Helpme11]

Far as i have learnt on here you do not have to let him in.

Im sure someone will be along to help you soon.

 

I have had problems myself with walk in possession etc and had excellent advice on here.g

 

Have a read through my post as it may help put your mind at rest.

 

i know one thing for sure he can NOT break in or force entry as he would need a court order to do this.

 

My post is titled advice please have a read through it might give you some pointers.

[Chilli501]

thankyou helpme11. ill look at it now

[unclebulgaria67]

No you don't have to let them in, unless they have a court order signed by a magistrate or judge.

 

I find this site very useful for information.

 

http://www.bankruptcy-insolvency.co.uk/debt_basics/bailiff-guide.php

 

Because you have signed the walk in possession order, if you don't pay the amount required by the bailiff, they can charge you the 'attending to remove' fee, which can be more than £150.

 

I would suggest that you give them a call regarding your situation and ask them not to attend. Try to come to an arrangement if you can to make a payment. If you have any problems see if the Police can help or phone your local Trading Standard office.

[tomtubby]

Given the size of the debt and the fact that it is being enforced by a High Court Enforcement company I would personally consider that having an agreement accepted of £50 per month is very good indeed. Are you able to keep to such an agreement?

[ploddertom]

I'm assuming you knew about the original CCJ that the Water Co had.

 

"the problem is that the last HCEO caught me by surprise and i let him in. i signed a walking possession order that day and i know ive made a big mistake." Can you tell us when this was, can you describe the goods seized exactly as described on the Notice of Seizure?

 

You may of course apply back to the Court for a Variation Order - N245 - Variation Order or Suspend Warrant

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n245_0204.pdf, the HCEO can also be halted by applying for a Stay of Execution -

N244 - General Application Form

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244_e.pdf - this is actually the more important of the 2 applications. You grounds for applying for the Stay are:

1 - pending determination of your Variation Order

2 - you cannot afford the fees the HCEO is demanding

 

Both applications attract a fee but if on certain Benefits or a low wage then an application for Fee Remission may be made -

EX160A - Court Fees Remission

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex160a_eng.pdf

EX160C - Extended Table of Contributions

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex160c-eng.pdf

 

PT

[Janie1962]

Yorkshire Water have a charitable Trust that may be able to help in cases of hardship. The details are on the YW website, in the accounts section - "Ways to manage your payments" or something similar.

 

Good luck in resolving this.

[Dark Side]

You are probably classed as vulnerable in accordance with the National Standards. You should make sure that the HCEO is fully aware of this in writing.

 

However, this does not mean that you should not repay the debt owed.

 

I would agree that £50.00 per month sounds reasonable so if you can stick to it and do not default.

 

DS

[brassnecked]

You are probably classed as vulnerable in accordance with the National Standards. You should make sure that the HCEO is fully aware of this in writing.

 

However, this does not mean that you should not repay the debt owed.

 

I would agree that £50.00 per month sounds reasonable so if you can stick to it and do not default.

 

DS

No one on CAG thinks a debt shouldn't be paid, however the collecting authorities should play by the rules and not try to bump up their fees often unlawfully to the detriment of a vulnerable or other debtor. Many are in debt now due to job loss in the recession, and find it hard to subsist on benefits, let alone pay a HCEO's often outrageous fees.