Help with debt and Marston Group **Success**

[ploddertom]

Marstons do have a debt collection arm.

 

Did the person from Marstons claim at any time to be a Bailiff or High Court Enforcement Officer? Have you checked your credit files to see if this is the result of a CCJ whether or not you knew about it? Have you spoken to Anglian about it?

[ploddertom]

Did they leave you a Form 55 when they originally called? How old is your son?

[ploddertom]

It appears that Anglian Water took you to Court for an unpaid bill(s). For whatever reason it also appears you did not receive the paperwork and Judgment has been entered against you - because no acknowledgement, defence etc was entered. Following Judgment no monies were paid and the debt has been transferred to the High Court for enforcement which is where you find yourself now. It appears that the first you knew about this was when the HCEO knocked on the door.

 

I can't explain why you never received the paperwork but would suggest you try and check your credit file or check with the Court to see what address everything was sent to. In a lot of cases like this you are able to apply for Set Aside but I assume you do not have the funds to be able to pay this in full. Therefore you would only be swapping one CCJ for another as any defence would fail.

 

I would imagine if you had received the documentation you would no doubt have come to an arrangement to pay and for this reason would suggest you apply for a Variation Order. This includes filling in a comprehensive I&E to submit to the Court and if on Benefits the amount you will be asked to pay may be small. You apply for this on Form N245 available from http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n245-eng.pdf cost of the application is £45 but if on a low wage or certain Benefits then the fee may be waived - see Form EX160 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex160a_eng.pdf . The form must be returned to the Court where the CCJ was awarded.

 

Next message will help to sort out Marstons.

Edited November 20, 2012 by ploddertom

[ploddertom]

The number you will have received from Marston is the Writ No., which is very different from the CCJ No.

[ploddertom]

When Marstons first attended they should have left you with some documentation - most usually a Form 55. Although they may have carte blanche from the Creditor, the normal practice to accept instalments is for them to check it is OK first. The chances are that of each £50 you pay them they may be being as little as £20 to Anglian Water as it usually paid on a pro rata basis. There are 2 things I would do:

 

1 - submit a Subject Access Request on them. Costs £10 and they have 40 days in which to reply. This should show each stage of the enforcement process - when charges etc are applied and payments made.

2 - apply to the Court for a Stay of Execution against the HCEO. If granted this halts all further enforcement action & charges. This is applied for on Form N244 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244_eng.pdf , I have a guide to help fill this if needed. Your grounds for applying for this are:

a - you cannot afford the fees demanded

b - pending determination of a Variation Order

[ploddertom]

As regards the age of the Writ, it is indeed only valid for a year but it may be renewed on request. If you are going to ring Anglian tomorrow then this is one of the questions to ask.

 

As for the SAR, this should produce a lot of information including when the Writ was received by them, the visits they have made, the charges they have applied, the payments they have made, comms with AW possibly.

 

Is it possible you can scan & post what you were left initially - removing personal info or type verbatim what it says.

[ploddertom]

If they do attend again then you do NOT have to let them into your home.

 

If the HCEO is prevented from making a levy on any of your possessions then he is powerless.

 

If you have anything lying round outside then move it NOW.

 

If you have a car then I would advise you move it well away - a good 10 minute walk if possible or into a neighbours garage.

 

He is allowed to force entry to any detached buildings you may have, garage, shed, greenhouse etc but more often than not do not bother.

 

You could get the Writ information by ringing the Enforcement Section at RCJ 020 7947 7772

or [email protected] ,

 

you will need the number Marstons have given you,

 

they should be able to tell you the history (timescales) behind it.

[ploddertom]

For the record I have read on this forum somewhere about Baliffs and HCEO's being registered to carry out a writ ect.

I cannot find the HCEO that served this letter on the register. does this help me at all?

 

HCEO's are appointed by the Lord Chancellor and in turn they are allowed to employ anyone they like to carry out their orders. Although many also have a Bailiff Certificate it is not applicable in this circumstance.

[ploddertom]

Hi

 

I have found the letter left by the baliff with my son. I scanned it but was unable to upload it here as it made it too small, so here is what it said.

 

Does it have a date on it anywhere - some thing like transferred by certificate from xxx County Court

[ploddertom]

The way forward is to use the advice offered in Posts 13 & 16. Have you checked any details with Anglian as to why you appear to have both HCEO & DCA collecting on the same debt? Have you checked the age of the Writ yet as in Post 26.

[ploddertom]

Anglian did not know when the writ was issued only the warrant of execution. is this the same thing? I could ring the enforcement office at RCJ as you suggested earlier but do not have the writ number. the number Marstons gave me is the court claim number I beleive ( XQAXXXXX) and their reference number which has been on their letters.

 

A Warrant of Execution is obtained when a CCJ awarded to the Claimant goes unpaid, the cost of this is £100 and this is added to your debt.

 

For it to be used you should have received a letter/phone call/visit from the County Court Bailiff.

 

This is an entirely separate process & application to that of a Writ of FiFa.

 

It does however seem strange that Anglian no nothing of this and do not seem to be aware of any Writ renewals as these are also charged to your debt.

 

I think at present wait and see what your SAR turns up but make sure you keep your doors & windows locked for the time being.

 

Unless Anglian are being very vague about this something is not quite right.

[ploddertom]

What part of the form are you having difficulty with?

[ploddertom]

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 Variation Order

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

 

As this is an application for a Stay of Execution it must be returned to the High Court or a County Court acting as a District Registry. The application is best taken in person to the Court and you need to explain the urgency for its submission - you are being hounded by a HCEO. The fee for this is £80 but if on certain Benefits or a low wage you may be exempt - see Form EX160a & c for details. If unsure of which Court to go to let me know the general area you live in & I'll look the choice of Courts up. Be back in the morning if any queries.

[ploddertom]

Q.10 is for expansion of why you need the Stay -

a - can't afford the fees - give them a breakdown of your Income & Expenditure that will prove you can only pay £X - if you are submitting a Variation Order then make sure it matches this.

b - applying for Variation - just need to put date & Court it has been submitted to.

[ploddertom]

I had to submit an N244 last year when The Sherriffs Office were hounding me. The Judge was lovely, spoke of his annoyance that DCA's HCEO's and the like hardly ever bothered to turn up to hearings - thanked me for having the decency to attend and wishing me luck, granted the stay.

It was a really positive experience in contrast with the bully boy tactics of the HCEO's.

I have since completely paid the debt off to the company I owed the money too, dealing only with them directly, and have not given a penny to the Sherriffs Office who contacted me only once after I had been to court to demand payment of their extortionate fees in a remarkably aggressive letter and then nothing since.

Good luck

 

V pleased to hear you had a good result, shows following the correct procedures works.

[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.

[ploddertom]

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

[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?

[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.

[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?

[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.

[ploddertom]

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

[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.