Help with debt and Marston Group **Success**

[nuttyburd]

Thank you everyone for your help.

 

Ironically Marstons phoned me again this afternoon.

Yet again he didnt confirm who I was properly.

 

I stated I would not speak with them on the phone following legal advice.

 

To which he replied who ever told me that is making matters alot worse for me as if I do not make a payment today

they will have no choice but to enforce their actions and send someone out to remove goods.

 

The writ must be delt with.

 

I asked when the writ was dated he stuttered a bit and then replied November last year.

 

It will be interesting to see if they adhere to the SAR as to whether or not they have actually got this writ.

 

I ended the conversation after thanking him for phoning but please dont bother to do it again.

 

I was in tears again after hanging up as I am very worried about what they will do next.

 

Ive dealt with it in the correct manner thanks to all your help and hope it wont take too long now to get sorted.

[dx100uk]

hey well done!!

 

thats the way.

 

i wonder when last YEAR the writ was issued

 

i think they only last 1yr?

 

dx

[ploddertom]

 

i think they only last 1yr?

 

dx

 

They do but may be renewed. All the OP needs to do if they come back is refuse them entry or better still refuse to answer the door.

[nuttyburd]

OK Guys get this.

 

Firstly thanks for your ongoing support.

I got a letter dated 27th November from Marstons, stating they had received my £10 postal order and my SAR and would of course send me the relevent information within 40 days.

Then today I get another phonecall, message left on answerphone, stating thanks for the recent £10 payment via postal order but this was not sufficient to bring the account up to date and that I have not sent them an I & E so they will still need to enforce this debt.

 

Should I phone him back and tell the idiot to check his records, the postal order was not to pay anything on the account and that the I & E was sent to courts with the variation order, at the same time that I filed for Stay of Execution against them.

 

Or should I just sit back and see what happens.

[brassnecked]

OK Guys get this.

 

Firstly thanks for your ongoing support.

I got a letter dated 27th November from Marstons, stating they had received my £10 postal order and my SAR and would of course send me the relevent information within 40 days.

Then today I get another phonecall, message left on answerphone, stating thanks for the recent £10 payment via postal order but this was not sufficient to bring the account up to date and that I have not sent them an I & E so they will still need to enforce this debt.

 

Should I phone him back and tell the idiot to check his records, the postal order was not to pay anything on the account and that the I & E was sent to courts with the variation order, at the same time that I filed for Stay of Execution against them.

 

Or should I just sit back and see what happens.

 

If you can recorsd the call phone him, but otherwise use the content in conjunction with the letter about the SAR, to allege harassment, later

[ploddertom]

To keep a paper trail I would reply reiterating the payment was for a SAR - send a copy of the acknowledgment letter.

[brassnecked]

Yes agree there PT, make sure there is a paper trail, and only phone a bailiff if you can record the call, as loss of anticipated beer tokens could cause a bailiff severe psychological harm.

[nuttyburd]

Hello again guys,

 

I followed your advice after the last phonecall and wrote to Marstons explaining that the £10 postal oder was for the SAR which they had acknowledged in writing and was in no way for payment on the account as stated in their recent phonecall. I also told them in the letter that I was waiting to hear from the cout re a vaiation order (the cout advised me to tell them this if they got in touch again).

They replied to this letter confirming reciept, and my points had be duly noted. However they have a warrent which still needs to be executed. I ignored this reply.

 

Today I have finally received a court date for my Stay of Execution 9.01.13 and also another phonecall (coincidental with the timing on these phonecalls) anyway the court letter clearly states that the writ fi fa is suspended in the interim. Mastons said they understand I have applied for a variation order but while that is waiting to be head I am still 2 months behind with my agreement, I quoted the court letter to them. They wanted me to send a copy to them I merely told them I do not have the means to do this and they should refer to the claimant.

 

Is there anything I should do or say at court or just take my file showing that I can no longer afford the original agreement with them and thaat they are now harrassing me for payment.

 

Thanks again, Nutz

[nuttyburd]

Another point I have not yet received anything re the SAR the 40 days for this will have expired 4 days before my hearing, if I dont receive anything should I bring this up at the hearing?

[brassnecked]

Another point I have not yet received anything re the SAR the 40 days for this will have expired 4 days before my hearing, if I dont receive anything should I bring this up at the hearing?

It would be worth a mentuion imho, as it is a legal requirement to respond within the 40 day timeframe.

[ploddertom]

Good to hear you have an interim Stay, it would be best if you can send them a copy somehow - even a photo by phone perhaps, the Court should have sent them a copy but I always find it best to do it yourself. Do you still have a copy of your application to the Court?

[nuttyburd]

No I didnt keep a cop;y of the application form but i do have a copy of the statement of truth.

[nuttyburd]

Hi all

 

Ok in court tomorrow for the stay

 

Is there anything in particular I need to do or say? Im sure it will be fine, Im just a bit nervous.

 

Nutz x

[ploddertom]

Remember to keep calm, be polite, Judge is usually referred to as Sir or Ma'am & even if things go the wrong way always say thank you at the end. Go over everything you are asking them to grant the Stay On & if possible take copies with you just in case they have forgotten or mi-placed theirs. Normally it may only be you & the Judge in attendance and is a pretty informal affair. Are you going alone, with OH or a friend?

[ploddertom]

And if there is anything you do not understand ASK, but don't interrupt.

[nuttyburd]

Thanks PT,

 

Im taking a friend with me for moral support, will she be able to come in with me?

Ive got all the copies of everything ready in a folder, including all my letters from Marstons. I never did hear back from them re the SAR which I will also mention tomorrow.

 

Nutz x

[ploddertom]

Thanks PT,

 

Im taking a friend with me for moral support, will she be able to come in with me?

Ive got all the copies of everything ready in a folder, including all my letters from Marstons. I never did hear back from them re the SAR which I will also mention tomorrow.

 

Nutz x

 

It would be policy to ask she comes in with you - the proviso being that you know she cannot speak. The SAR - I assume it is over 40 days since you asked? Did you check to see if they acknowledged receipt, did you check to see they encashed the £10, have you made sure they did not put the £10 towards paying this off?

[nuttyburd]

I got acknowledgment of SAR and £10 PO in writing, then got a phonecall saying that they received £10 PO towards my account I corrected them there and then. I then wrote to them stating the £10 PO was for the SAR and in no way payment towards the debt. They replied again in writing confirming receipt and I have heard nothing since. This was well over 40 days.

[ploddertom]

Probably has no bearing on your application for the Stay but a slip of the tongue may be in order - even if you get a telling off for it.

[nuttyburd]

ok Ill slip it in somewhere when I explain how unreasonable they have been.

 

Thanks for all your help Ill let you know what happens tomorrow.

 

Nutz x

[ploddertom]

Fingers, toes & all other things crossed. Nil Carborundum et al.

[RaeUK]

Just having a quick flick through the thread.

 

iirc the OP is on benefits and has a water debt.

 

Most (if not all) water companies have a trust of some description specifically to help vulnerable customers who have got into debt with them.

 

In Anglian's case this seems to be the Anglian Water Assistance Fund.

 

It might be of help in this situation.

 

It might not, of course, and I might just be barking up the wrong tree.

 

Either way, have a look here.

[nuttyburd]

Rea,

Thank you very much for that link. I will look into applying as this may help me. not sure yet but I need all the help I can get financially at the moment.

 

I attended court today, I thought for the Stay, but the judge also sorted the variation order while I was there. She was not happy that Anglian had not bothered to turn up, she was expecting them to be there. In their absence she said she was happy to judge in my favour and agreed the payment should be £10 a month, which is what I had offered.

The writ has been suspended provided I stick to the payment as agreed. I was told that should Marstons contact me again, I should just send them a copy of the letter/judgement that I should receive soon from the court.

The judge thanked me for making the effort to turn up, and the whole thing only took about 10 minuets.

 

I would just like to say thank you again, especially to PT for all your help with this case, as without this site I think I would still be fighting with Marstons. At least now my stress levels can go back to normal, It will still be a while before my debts are paid off, but for now at least they are under control again.

 

Nutz x

[ploddertom]

Very pleased things have gone your way. This should act as a lesson that some of these companies should think first before acting in spite. I'll change the title for you.

[nuttyburd]

Hi again

Just one more question, do you think I should pursue the SAR from Marstons, I had a receipt and acknowledgement from them but its been well over 40 days and Ive heard nothing more. Or do you think its best I just ignore them now?

 

Nutz x