Help needed re Marstons bailiff visit please

[SusieR56]

Hi Folks

 

I wonder if anyone can help me please? I received a letter last week to an old address from 'Marston High Court Enforcement Officers & Certificated Bailiffs' regarding an unpaid ccj a couple of years old. The ccj was for a credit card debt.

 

Marston are threatening to send a 'Licensed Field Officer' to 'discuss my account and payment proposals'. So I'm expecting a visit from the bailiffs BUT Upon looking at the Marston website I noticed this statement:

 

'In order for Marston Group to enforce a County Court Judgment it must be transferred to the High Court', and in particular this bit: 'Please note that we are unable to transfer a Judgment where the debt is based upon a regulated agreement under the Consumer Credit Act 1974.'

 

So does this mean that they don't offer to enforce a (credit card) ccj such as mine?

 

Any comments very much appreciated

[ims21]

Thread moved to Bailiff forum

[brassnecked]

If it is a credit card debt and the agreement was under CC Act then they cannot act as HCEOs as the debt cannot be transferred up to the high court for a writ of fi-fa. A "Licensed Field officer" will be as door knocking debt collector imho, as they also undertake this sort of collection, the letter head will include HCEO and bailiff, but it doesn't mean that they will be able to visit as such on every occasion.

I

[ploddertom]

Brassnecked is right in his assertions that they are dealing with this as debt collectors. The fact they sent a letter to you using their HCEO & Bailiff letterhead is most worthy of complaint to both the OFT & Trading Standards as in my view they are misrepresenting their powers. What to do if he calls, I believe there is a phrase similar to "Get Lost" of course you could also send them the http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT letter.

 

PT

[wonkeydonkey]

I was going to suggest you ask them to "go forth and multiply" but on reflection the thought of this producing the next generation of mini me debt collectors made me shudder, so perhaps PT's simple "Get Lost" will have to suffice.

 

WD

[SusieR56]

Thanks ever so much everyone for your replies - I really appreciate them

 

I now assume that a county court bailiff is the only visitor that I need to be concerned about then regarding this unpaid ccj?

[brassnecked]

Thanks ever so much everyone for your replies - I really appreciate them

 

I now assume that a county court bailiff is the only visitor that I need to be concerned about then regarding this unpaid ccj?

That may well be the case, but a County Court bailiff is salaried, and as he doesn't depend on fees will likely be more inclined to help you sort things out.

[ploddertom]

Same applies with any Bailiff. Do NOT under ANY circumstances allow them into your home. At least the CCB will inform you of any pending visit.

 

PT

[brassnecked]

Same applies with any Bailiff. Do NOT under ANY circumstances allow them into your home. At least the CCB will inform you of any pending visit.

 

PT

Thanks PT, for completeness, even if a CC bailiff is more amenable, you should deal with him outside, and never willingly let him in