Marston HCEO - Notice of seizure - green enery servey 'debt'

[colinsunderland]

This a a weird one for me, hope someone can help.

 

Came home today to a letter pushed through the door

(no envelope - DPA breach as anyone in house could see it?).

The letter is titled NOTICE OF SEIZURE, IN THE HIGH COURT OF JUSTICE Action No. xxxxxx

 

Starts off :

A formal seizure of goods at the above address has been made under a Writ of execution directed to an Enforcement Officer by the High court.

 

Ill post scans of the 2 pages later, but I wasn't in and nothing has been taken.

There is no address on the letter, no date and no signature.

 

Now I actually know about the CCJ and have written to the court requesting a copy of the judgement late last week as I didn't know who it was for, just it was a judgement at my previous address, entered by default almost a year after I sold the house..

 

This is where it gets complicated.

 

The debt was for a home energy report I needed when the house was put on the market.

It was due to be paid either when the house was sold or 12 months after the contract date, whichever was sooner.

6 months after signing the contract, they tried to take the payment by direct debit which bounced, cost me bank fees,

and they added around £80 fees on for a failed payment.

They then tried to take payment a couple of more times by debit card (all within 24 hours) which resulted in another £160 in fees being added.

 

When I queried this I was told the contract stated 6 months, and they didn't do 12 month contracts,

even though I had a copy in front of me clearly stating the 12 month payment period.

I asked them to put the account into dispute as I would pay the £468 I owed at the correct time,

but only when I had it in writing the fees had been removed.

They refused, so I just told them to contact me when they had sorted it out.

This was a good 6 months before I sold my house.

 

The above is from memory so the figures may be slightly wrong, but they are close if not to the penny.

 

Since then I have heard nothing from them, despite them having my email address,

them knowing I had moved and my estate agent & solicitors details,

so if they wanted to find me, it wouldn't have been too difficult.

 

So as far as I can see, they have got a judgement in default knowing full well I wasn't at the address they sent the paperwork to,

have possibly got a high court judgement allowing bailiffs to come in, and now they have all that,

miraciously decide to serve it on my current address, albeit, unsigned, undated, unaddressed.

 

Any idea what to do from here please? I'll upload the letter in an hour or so, but obviopusly need to blank some details out first

 

Thanks for any help

[debbbbsy]

Marstons are a bunch of crooks aswell.

 

They cannot enter your property and seize goods without your permission......They do not have permission to enter your property. The CCJ does not allow that.

 

Go to the courts and apply to have the CCJ set a side. Simply provide proof that the paperwork was served to the wrong address, any current utility or council tax bill proving you were at your current address will do.

 

Then when they issue the claim to your current address, you can challenge the charges they have added and issue a countercalim for the costs that you incurred when they tried to take payment without authorisation.

 

Debbie xx

[debbbbsy]

Starts off : A formal seizure of goods at the above address has been made under a Writ of execution directed to an Enforcement Officer by the High court

 

This is absolute crap.....it has already been ruled through the courts that they cannot make a seiozure of goods by simply.....looking through the window.....for this to be a legal seizure they have to gain entry to the property, make a list of goods to the value owed......this is a Walk in Possession...then you agree that this has happened...and sign the Walk in possession order. Until you pay they have legal ownership of those goods.

 

Report the Marstons bailiff to the courts, make an official complaint about this ******. make it to the high court that he is registered at.

[AndyOrch]

Hi Colin

 

As you had not received the summons, you need to apply for a stay and at the same time, complete an N244 to set aside the Judgement.

 

Regards

 

Andy

[colinsunderland]

..

Edited June 21, 2012 by colinsunderland

[colinsunderland]

..

[colinsunderland]

thanks for the replies, have just uploaded what I got (eventually)

where i've typed removed is where i took stuff out, everything else is blank as it was when it was delivered.

 

Andy, who do I apply to a stay to, and is it likely this is a legitimate order even though half the details are missing and theres no court seal?

[ploddertom]

As well as applying for Set Aside as Andy has previously said the most important application to make is that of a Stay of Execution against the HCEO. The grounds you can use are:

i - you cannot afford the fees demanded

ii - pending determination of a Set Aside application

This is also applied for on Form N244 and depending on where you live may determine where you submit it. A Set Aside application goes to the Court where the CCJ was initially awarded whareas the application for a Stay may be taken to any County Court which acts as a District Registry of the High Court. This is better done in person where you explain the urgency of the application and a "spare" Judge can usually be found who will hear your application immediately. Cost of this application is £80, if on certain Benefits or a low wage then use Form EX160 for fee remission.

 

Please note do not confuse this with applying on Form N245 to suspend a warrant of Execution, this is a different process. Applying for Set Aside on its own will not prevent enforcement action continuing.

[colinsunderland]

thanks

so does it look like thats a legitimate form, as half the details were missing from it, why has he put it through the door without any address on, unsigned and undated? Surely if it was legit it would have those details on?

Presumably they can't break in and take goods from the house? My car is parked outside, is it worth moving it?

[ploddertom]

thanks

so does it look like thats a legitimate form, as half the details were missing from it, why has he put it through the door without any address on, unsigned and undated? Surely if it was legit it would have those details on?

Presumably they can't break in and take goods from the house? My car is parked outside, is it worth moving it?

 

They will see your caras fair game and may even remove it on sight, so yes it is better moved. If the address they are calling at is a residential address then they do have to gain peaceful entry first, however they are allowed to force entry to any detached building on your property if they believe thereare goods inside that may help satisfy the debt - garage, greenhouse, shed etc. If it is a commercialpremises then they are allowed to force entry providing it is not attached to your living accomodation.

[colinsunderland]

thanks for that, so would they be able to climb over a high wall (around 12' high) to gain entry to the shed, or if I put the car in the back?

 

Plus, the house isn't in my name, although I am living here its actually my mam's house and everything in there is hers, although she passed away a few months ago, and the estate is still be sorted out, does that make a difference at all?

[ploddertom]

thanks for that, so would they be able to climb over a high wall (around 12' high) to gain entry to the shed, or if I put the car in the back? They are allowed to clamber over a garden boundary providing they cause no damage. Is it possible to see through a gate perhaps or is it all out of view - some of these folks do carry ladders. If they gain entry in this fashion they could bring a HIAB to lift the car!

 

Plus, the house isn't in my name, although I am living here its actually my mam's house and everything in there is hers, although she passed away a few months ago, and the estate is still be sorted out, does that make a difference at all?

If this is the case you should inform the executor as they may need to have a Statutory Declaration made for ownership but see comments below.

 

You will note that according to the paperwork you have been provided with the HCEO is regarded as having seized all your goods. The problem with this however is that he has not been able to ascertain if you have any goods worth seizing. One way of dealing with him is by totally ignoring him, do NOT phone or write to him or his Company. Most HCEO's will try to make contact 3 times with 1 of these possibly being early morning/late evening/weekend at a time when it is thought you may not expect them. Time is money to these people and they may then return it to the Judgment Creditor for further instructions or for an Abortive Fee. The Writ itself remains live for 12 months and may be renewed, it could also be given to another HCEO company.

 

If however you think you have grounds for set aside then this is the route you should follow and apply for a Stay first.

[colinsunderland]

Thanks very much for the reply, sorry to keep bugging you but where do I apply for a stay?

You say the paperwork says the HCEO is regarded as having seized all my goods, where does it say that, as it doesn't have anything at all written in section 11. There is also no address on the form, surely they can't just seize everything in a house without knowing who owns it?

I am the person doing the estate, I have been granted probate, so should I tell them of this?

 

The car is only worth £500, auction maybe £200, so doubt they will go to too much trouble to retrieve it!

 

Tanks again for your help

[ploddertom]

Thanks very much for the reply, sorry to keep bugging you but where do I apply for a stay? See below

You say the paperwork says the HCEO is regarded as having seized all my goods, where does it say that, as it doesn't have anything at all written in section 11. There is also no address on the form, surely they can't just seize everything in a house without knowing who owns it? The object of the paperwork is to intimidate you, this has partially happened otherwise you wouldn't be here asking for help.

I am the person doing the estate, I have been granted probate, so should I tell them of this? Personally speaking I wouldn't as they may smell some proceeds.

 

The car is only worth £500, auction maybe £200, so doubt they will go to too much trouble to retrieve it! If they get the chance they will, don't forget it is you that will be billed for the costs of doing so.

 

Tanks again for your help

 

The debt has been transferred to the High Court for enforcement, all other procedural issues are still dealt with through the County Court but any application for any procedure - Set Aside, Variation Order etc - do not prevent enforcement action being taken. To prevent this an application must be made to the High Court for a Stay of Execution which if granted halts all action & charges until such time as the grounds for approval are either breached or rescinded. Some larger County Courts also act as a District Registry of the High Court which is where your application may be directed - be aware that some have never seen these applications and tell you it has to go to London, some of the larger inner city courts are more switched on about this and will deal with them routinely - ones that spring to mind are most of those on the South Coast, Cardiff, Liverpool, Carlisle, Newcastle, Leeds etc.

 

The application once complete I find is better taken in person on a morning to your local Court - if there is one, see above - you then explain the urgency of the application - you don't want to wait 4-6 weeks - a Judge can usually be found who will hear and can approve your application on the spot. Some of the more switched on Courts can even give the necessary paperwork within 30 minutes. If granted then a phone call to the HCEO advising it has been granted is a good move although you may need to advise of Court details etc to them, copies of paperwork when available is better sent yourself rather than trust to others.

 

As said previously the application is made on:

N244 - General Application Form

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

Cost of application is £80 and must be paid up front.

 

N244 Form:

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No -

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ - yourself

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box

Q3 - a brief description - you are applying for a Stay of Execution on the following grounds:

i - you have no means of paying the Fees demanded

ii - pending determination of a Set Aside Application

Q4 - tick no

Q5 - tick at a hearing

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant & HCEO

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date

Q11 - fill your details in

[colinsunderland]

thanks, will get that done

the address for the form has changed, its now at

http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

in case it helps anyone else.

[AndyOrch]

Too small Colin you need to convert them to pdf and repost.

 

Regards

 

Andy

[colinsunderland]

couldn't get pdf to work, this should

 

Edited June 25, 2012 by colinsunderland

[AndyOrch]

Ok Colin

 

I would advise you to make an application to "Stay the Writ of Fifa pending the outcome of the application to vary the judgment" on Form N244,as per Ploddertoms post#15

 

Regards

 

Andy

[colinsunderland]

Apart from going to the local court, whats the quickest way of doing that? I don't think Sunderland accepts them and my nearest would be Newcastle which would be a nightmare to get to, I would have to get cover for work, and would be Thursday at the earliest.

Thanks for your help Andy

[AndyOrch]

Post by first class or Spl delivery due to its urgency, to the issuing Court.

 

http://www.bdl.org.uk/images/31_dealing_with_debts_in_the_high_court.pdf

 

Regards

 

Andy

[ploddertom]

Apart from going to the local court, whats the quickest way of doing that? I don't think Sunderland accepts them and my nearest would be Newcastle which would be a nightmare to get to, I would have to get cover for work, and would be Thursday at the earliest.

Thanks for your help Andy

 

Sunderland does have a District Registry so in theory they should accept your application for the Stay there but you may have to stand your ground as I would suspect they are not used to dealing with this. As Andy says your Set Aside needs to go to the Court which issued the original CCJ. It may be worth a phone call to Sunderland to ask 0191 568 0750.

[colinsunderland]

N244 Form:

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No -

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ - yourself

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box

Q3 - a brief description - you are applying for a Stay of Execution on the following grounds:

i - you have no means of paying the Fees demanded

ii - pending determination of a Set Aside Application

Q4 - tick no

Q5 - tick at a hearing - if I tick at a hearing does that mean I'll have to go to the high court in London?

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant & HCEO

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date

Q11 - fill your details in

 

in q10 I have put

 

I have a low income of £70 a week and after bills have very little left. I cannot afford the fees being charged by the HCEO.

 

I have today applied for a set aside order, due to the fact the original creditor sent the paperwork to my previous address and I was not aware of any action and did not have the chance to defend the claim.

 

will that be ok?

 

For the set aside do I have to send it to Northampton or can that be done at my local court?

 

EDIT - sorry posted without seeing your reply above.

I can get to Sunderland so will try that

[colinsunderland]

Just a quick thanks to all the help on here.

Took 2 hours at the court and about 1 minute in with the judge, but warrant stayed until outcome of set aside application.

 

They had to contact the OC for a copy of the writ, then faxed my application down to them for their comments, but they didn't reply by 3.30 so the application was heard as the court was due to close at 4pm.

[AndyOrch]

Excellent Colin keep your thread updated with regards to the set a side.

 

 

Andy

[ploddertom]

Magic