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Hi

 

without going into detail at the moment because I've stupidly not realised the date of notice of removal contractors PLUS the fact that marston haven't replied to any correspondence since the last communication I sent them I have 2 URGENT questions please with reference to a marston group High Court writ and REMOVAL CONTRACTORS due tomorrow morning (original sum of £2100 now £3100):

 

1. can they force entry as stated in their letter?

2. can I ask for my case to go back to court?

 

Personal circumstances are that I think I fall into the 'potentially vulnerable' category from reading threads on here as I am unemployed with an 11 year old and I had a break in (whilst un-insured) when most valuables were taken so I KNOW there is no where near £3000 worth of saleable goods in this household.

 

ANY REPLIES WELCOMED from enforcement peeps experts or general public (even if it's only personal experience etc)

 

Thanks in advance

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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Also I requested an SAR sent the £10 fee - no response

I filled in an I&E with an offer - no response

 

Is there a rule of thumb of a minimum they'll accept to debt ratio does anyone know please? i'm wondering if I've had no response but to advise me of 'removal contractors' because the amount wasn't enough.....

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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Hi

 

Thanks for your reply & the original debt was for water rates, which you may say is a stupid thing not to pay and I'd agree with you but it was 'not paid' on the advice of my local CAB 'debt expert' or whatever title they give them.

 

I had no clue before meeting with her that water was not one of the main priority debts, I know that in the short term this was not bad advice as she was correct however the rest of story is irrelevant and bottom line I know the buck stops with me......

 

My urgency of query is because I think they are due in the morning and I very stupidly muddled the dates plus haven't chased the lack of response from them with reference to SAR and I&E amongst other things

 

Any help advice you can give greatly appreciated!

 

Oh and the £420 I've paid to date has been added back on in charges....!?

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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Nope but I was made redundant shortly after finding out husband was sick

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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Also we were broken into in 2010 and house contents insurance was no longer being paid, the £400 lump sum I recently paid them was by selling anything else of any value as I stupidly let myself get backed into a corner by them

 

but this in addition to the £20 I paid them (which I was told I had to pay before an officer would even talk to me about any options) have all been re-added so my debt is as was....

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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ooops sorry I meant to say so most things of value were stolen then I really don't want the distress of REMOVAL CONTRACTORS turning up

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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Can I request that this be taken back to court for an amount to be deducted directly from JSA until I get a job because without going into unnecessary detail I have found them extremely difficult to deal with and they seem to keep moving the goal posts so that they can keep adding charges

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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Oh, the bailiffs will always be difficult to deal with and will always change the goalposts. the hope is to make you so desperate you borrow the money from elsewhere to pay them.

Right. Vulnerable status...

It would have been simpler, no offence to hubby, had you been a single unemployed parent. The guidelines state that the unemployed are potentially vulnerable. Potentially being the key. Here it would depend very much on what your husband earns. Is he full time or part time? Well paid or minimum wage? You say he is sick, is this long term? Basically you need to build up a picture of your difficulties.

You are quite right, JSA is a deductable benefit but your household circumstances need to be at the right level ...

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Thank-you so much for your help!

 

My husband lost his job some time ago 2006 he got another job driving buses, part of which was a medical which was when we became aware of health issues.

 

This was a blow but as my salary was the 'main' income we could cope... Then with financial downturn etc I lost my job so our only income is JSA and child tax credit at the moment.

 

This debt got to where it is now due to mortgage company trying to repossess etc and so after initial visit to CAB to discuss the whole situation I ignored all non priority debt which is how this debt went from a normal overdue bill to a high court writ, not trying to make excuses it's a stupid situation to be in over a bill but that was chain of events

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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Brb I'm on my PC which is 8 years old and it's overheating CPU & fans flat out - I'm going to swap to daughters net-book so it'll temporarily appear that I've gone I haven't 2 mins

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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I'm aware it's silly o'clock now I know so I think I'll have to deal with bailiffs tomorrow as best I can then (assuming I still have a PC) I can start again with a more rational detailed explanation of situation and hopefully then someone could suggest what my options are

 

But as I understand it from reading similar posts on here

 

that in the short term these are the factrs:

 

1. that unless they have a 'waling' order signed by me i don't have to let them in?

2. that they do have the right to levy charges as they see fit (because they are high court i think?)

3. my only other concern is that the letter states their purpose is to seize and remove (not to value items as other people have put??) does this in turn mean they can force entry?

4. There is nothing in this house that is newer than 5 years old apart from daughter's clothing because she's still growing her netbook and her TV (both presents from last 2 xmas's) luckily (in a way) when were both working we both bought a lot of clothes and shoes and so we've 'made do' we have negative equity all of which I've told them....? I know they are not supposed to enter children's bedrooms but there are enough posts where they have ignored this should I move daughter's possessions to be on the safe side?

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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Which water utility is this, and how much was the judgment for? as if it was over £600 Marstons may be acting as HCEO's which changes the rule of the game somewhat, as it may have been transferred up to the High Court and a writ of fi-fa issued. these are more tricky, but wonkeydonkey ploddertom, and tomtubby may pick up on this one. You could contact the utility and explain non payment was due to low incomed just in case you need to complain about ludicrous fees like debt £601 and marstons want £3001

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Can I request that this be taken back to court for an amount to be deducted directly from JSA - No, as this will have been an original CCJ - until I get a job because without going into unnecessary detail I have found them extremely difficult to deal with and they seem to keep moving the goal posts so that they can keep adding charges

 

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This will have originated from a Water Bill that has been taken to Court and a CCJ awarded against you - did you know of this - since payment has not been made it will now have been transferred through the High Court for enforcement. The original CCJ will have been for more than £600.

 

If you were not aware of the original CCJ until the HCEO turned up then you may be entitled to apply to have the Judgment set aside but you must have a realistic defence. If you do not have the means to settle the monies claimed then instead you should apply for a Variation Order whereby the Court will set the level of payments to be made. N245 - Variation Order or Suspend Warrant

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n245_0204.pdf

 

The most urgent matter is how to deal with the HCEO. As you clearly cannot afford to pay there fees you should apply for Stay of Execution and the grounds to use are:

i - you cannot afford the fees demanded

ii - pending determination of a variation Order application

This is made by using the following N244 - General Application Form

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244_e.pdf

This application is better made in person and you will need to explain the urgency of it as a Judge can hear this on the spot.

 

For both applications there is a fee to pay, however if on certain Benefits or a low wage this may be waived. EX160A - Court Fees Remission

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

 

If the HCEO turns up you MUST NOT allow them entry to your home. Despite anything they may say they have no right of entry although if you have a detached garage or other building they may force entry to these if they believe there are goods inside to satisfy the debt.

 

PT

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Pondering this a little more, and I'm not saying it would be of use in these particular circumstances, but have you phoned the water company to request that the outstanding amount is deducted from your JSA? It might be a slightly long shot as total household income may be a factor. I have a court order for non-payment of water rates. When I called my water company, after it had been to court typically!, they were incredibly helpful and I have the arrears deducted from my ESA. That said, I am single, unemployable and on Employment and Support Allowance which probably helped ...

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  • 1 month later...

wow peeps thanks truly for all the FAB advice AGAIN sooooo sorry 4 late reply I'd somehow turned off my email notification and so didn't realise I'd had replies 2 last post - much gratitude 2 ya!!

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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