Help with debt and Marston Group **Success**

[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.

[nuttyburd]

Ill be very honest my filing system isnt exactly neat and tidy but i will endevour to find it and scan it in tomorrow pm.

[nuttyburd]

I live in a flat with a car park so there are a number of cars at any one time parked there, if they try to get access even to the garden I have a dog that will go mad at them, they will need to be very brave.

Do they have the right to find out which car is mine ie from the DVLA?

Edited November 20, 2012 by nuttyburd
add question

[brassnecked]

I live in a flat with a car park so there are a number of cars at any one time parked there, if they try to get access even to the garden I have a dog that will go mad at them, they will need to be very brave.

Do they have the right to find out which car is mine ie from the DVLA?

 

They should check a car with the dvla before seizing it, but as it costs £2.50 a pop, they would be unlikely to check 10 cars near a premises, just levy the nearest one and hope the debtor doesn't know any better·.

[nuttyburd]

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.

 

Claimant: Anglian

Defendant: Me

 

I have received a high court writ against you in respect of the above matter, made up as follows:-

 

Judgement Debt 500.00

Judgement costs 149.75

Execution costs 51.75

Interest to 4.70

Officers Fees 364.19

 

Total Levy £1050.19

 

In addition, interest will continue to acrue at 8% per annum on the full amount of the judgement Debt and costs, until payment in full.

 

A walking possession fee of 25p per day may also be charged where we go into possession of any goods.

 

In the event that you cannot pay my officer in full, in cash immediately, then he is required by law to formally seize sufficient of your goods to satisfy this debt.

 

Please be aware that we are required to enforce a writ without delay and, unless the debt is paid quickly, arrangements will be made to complete the Execution.

 

Payment, to be made by cash or cards to Marston Group Ltd

 

Quote ref on correspondence.

If no contact we will return with removal contractors

 

X XXXXXX (Tel number)

 

Edited November 21, 2012 by nuttyburd
removing name, I dont think I shouldve posted it

[nuttyburd]

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?

[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

[nuttyburd]

Hi

 

No. It appears exactly as I have typed above, the only thing Ive missed out is My name and address and ref number at the top. The only date is the date it was written.

The letter is typed but all the details ie my name etc the claimant and all the amounts are hand written.

 

When I received it I phoned the office as I was not happy with the details given to my son. I quried the amounts, in particular the officers fees and was told that the court had set the amounts when they issued the writ and there was nothing I could do about them. I was told all the details on the letter were set by the court that issued the writ. thats when I agreed a payment plan of £50 a month. which I am no longer paying.

 

I have filled in the letter you gave me a template for re: Data protection and will send it to them tomorrow.

Edited November 22, 2012 by nuttyburd

[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.

[nuttyburd]

Hi.

 

Firstly thank you for all your help, I am feeling better about all this now and able to deal with it better.(with your help)

 

I have spoken to Anglian today. they have been very helpful, the DCA is for a more recent bill than the one marstons are dealing with,

 

I explained they I was willing to pay direct with them but would not pay the DCA and gave them my reasons why.

We have no made an arrangement for this debt and they have agreed to take it back from DCA.

 

Anglian have informed me that the warrent of execution was issued on 11.08.07 and it it the only one they are aware of.

they also confirmed Marstons have paid them some money (about half the amount I have paid) and that the amount outstanding on this debt is £472.46.

 

I have today sent via recorded delivery the SAR to Marstons and will fill out the forms you mentioned in posts 13 tomorrow and get them sent off.

 

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.

[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.

[dx100uk]

Hi.

 

Firstly thank you for all your help, I am feeling better about all this now and able to deal with it better.(with your help)

 

I have spoken to Anglian today. they have been very helpful, the DCA is for a more recent bill than the one marstons are dealing with,

 

I explained they I was willing to pay direct with them but would not pay the DCA and gave them my reasons why.

We have no made an arrangement for this debt and they have agreed to take it back from DCA.

 

Anglian have informed me that the warrent of execution was issued on 11.08.07 and it it the only one they are aware of.

they also confirmed Marstons have paid them some money (about half the amount I have paid) and that the amount outstanding on this debt is £472.46.

 

I have today sent via recorded delivery the SAR to Marstons and will fill out the forms you mentioned in posts 13 tomorrow and get them sent off.

 

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.

 

actually that scenario crossed my mind

 

sri i should of mentioned it

 

dx

[nuttyburd]

Hi

 

I have today received a letter from Marstons stating that the execution has not been settled and they are giving me fair warning that an officer will attend on 28/11/12 to sieze and remove

it is imperative that someone is available to meet them so I should phone to make appointment or pay owing cost to avoid visit.

"We have previously advised you that the effect of the writ we hold is to bind your property in your hands from the time the writ is lodged until it is withdrawn. (Schedule 7 section 8 of courts Act 2003). Section 9 places a duty on us to seize sufficient of your property to satisfy the judgement debt and related costs in the absence of payment voluntarily."

 

It then goes on in bold to say "Please budget for an amount of approximately £400 for the first hour or part theerof and £250 per hour or part thereafter."

 

No goods have ever been levied at least I have had no notice of this. are HCEO's different to Baliffs in that they can seize and remove just like that?

 

I will make sure someone is home that day to ensure they do not get access, although I doubt they will come when they say I think or hope they are just trying to scare me to bring the account up to date.

 

Thanks again for your help with this.

 

Nutz.

[nuttyburd]

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.

 

 

The person I spoke to at Anglian was very helpful and seemed to be very forthcoming with all the information I asked with regards to Marston, and this debt.

[tomtubby]

The advice given to this question is excellent and there is nothing more that I can add. Well done everyone....

[nuttyburd]

Hi

 

Yes indeed the help and advice I have been given has been great, Thank you all. I have filled in and sent off al the forms and the SAR as suggested, except the N244 as I do not understand what I need to put on this form or how to fill it in.

 

Nutz.

[ploddertom]

What part of the form are you having difficulty with?

[nuttyburd]

Hi

Most of it, am I right in thinking I am the defedant and Angliam the Claimant?

 

3.what order am I asking the court to make and why?

4. I dont have a draft of the order.

5. do I need a hearing?...The court in Northampton, Im in Essex, I wouldnt be able to get there.

7.What fixed trial date?

8.What level of judge?

9. Who should be served?

10. What information am I relying on?

 

Nutz x

[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.

[nuttyburd]

PT

 

Thank you for the above. I have taken the afternoon off work in order to fill this in and get it to the court today.

 

In question 10 should I state that I did not know about the warrent of execution untill april this year, that I beleive it to be out of date. should I say about the SAR. Should I explain the stress it is causing me. or keep it to the fact that I am having difficulty paying.

[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.

[mortyarty]

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

[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.

[brassnecked]

Excellent, glad it is sorted,