marstons high court enforcers

[davidozzman]

Hi need some advice, my partner opened our door to a ballif last year she unwittingly let him in he proceeded to make a list of items to take .the debt was water rates £1030 she agreed to pay £100 per month .. we paid all intallments .we got to £900 i rang marstons asking how much we owed .i was astonished when told we still owed £800 when i questioned why i had the phone put down on me .i rang water company they said that out of the £100 payment marstons was only giving water company £22 how much can they charge for their part .if i carry on paying this it will be over£4000 i have .i have paid £1300 as it stands can any one help thanks

Edited January 10, 2013 by davidozzman

[ims21]

Thread moved to the Bailiff forum where the guys will be happy to help as soon as they are available.

[ploddertom]

Do you still have the list of goods as notified on the Notice of Seizure, if so can you list them exactly as described? Have you ever been given a breakdown of the charges they have applied?

 

There are 3 other things you can do one of which is very important.

 

1 - apply for a Variation Order - this is done on Form N245 available from HMCTS website, quite simple to fill in & includes I&E to submit to the Court. Cost of the application is £45. This allows you to pay the Claimant direct.

2 - apply for a Stay of Execution against the HCEO, if granted this halts all further enforcement action & charges. We can establish all the grounds you can apply on once we know some of the details asked at the beginning of this post but we can start with:

a - you cannot afford the fees they are charging

b - pending determination of a Variation Order

This is applied for on Form N244 and is a little more awkward to fill in but do have guide to help. Cost of this application is £80.

3 - Send the HCEO a SAR request. Well worth the £10 cost.

 

For items 1 & 2 if you are on a low wage or certain Benefits then you mayy not have to pay the Court fees, see Forms EX160a & Ex160c for details.

[davidozzman]

Do you still have the list of goods as notified on the Notice of Seizure, if so can you list them exactly as described? Have you ever been given a breakdown of the charges they have applied?

 

There are 3 other things you can do one of which is very important.

 

1 - apply for a Variation Order - this is done on Form N245 available from HMCTS website, quite simple to fill in & includes I&E to submit to the Court. Cost of the application is £45. This allows you to pay the Claimant direct.

2 - apply for a Stay of Execution against the HCEO, if granted this halts all further enforcement action & charges. We can establish all the grounds you can apply on once we know some of the details asked at the beginning of this post but we can start with:

a - you cannot afford the fees they are charging

b - pending determination of a Variation Order

This is applied for on Form N244 and is a little more awkward to fill in but do have guide to help. Cost of this application is £80.

3 - Send the HCEO a SAR request. Well worth the £10 cost.

 

For items 1 & 2 if you are on a low wage or certain Benefits then you mayy not have to pay the Court fees, see Forms EX160a & Ex160c for details.

hi don't think we have the list he first posted a letter listing a car which was on the drive...then he came back that's when he came in .it was tv / laptop....kitchen items kettle microwave..and no we never had a break down of charges just a letter saying pay £100 a month until further notice

[ploddertom]

The list of items seized is quite important - have any of those you mentioned been scrapped, sold or replaced? I would suggest you get the Subject Access Request sent off tomorrow and work on the Forms ready for sending off ASAP, may take a day or so to get them sorted. Here's an example of a SAR, use & adapt at will & send by a trackable means.

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Date

 

Dear Sir

Data Protection Act 1998

Subject Access Request

 

Dear Sir

 

 

Please supply a complete list of ALL the data held and used by you that relate to Mr XXXX. It is also to include third party information held with all other agencies.

 

Additionally where there has been an event in the account(s) history during the period accounts have been placed with you that have required any manual intervention by any member of your staff or any other person I require disclosure of any indication or notes which have been caused or resulted from that manual intervention.

 

I would like to bring to your attention data can be held in written information, e-mails, electronic documents, photographs, CCTV images, telephone conversations and include any recorded or written opinions about me/us and any recorded or written intentions and action taken regarding me/us.

 

I/We would like this information to be sent to my/our home address as listed above. You have 40 days in which to comply.

 

To satisfy payment to supply this information I/we enclose a fee of £10 this payment must not be used for any other purpose.

 

 

Yours sincerely

 

 

A Peeved Debtor"

[davidozzman]

The car has been scrapped .and items on list have been replaced over this time

[caledfwlch]

They also cannot force entry, despite having a walking posession order (and what they will claim)

 

They will need a (rarely given) signed warrant from a magistrate/judge to force entry. And would have to notify you in advance. Unless its different for HCEO's but I don't think so, not for private homes.

 

Given what you have paid, I would think there is absolutely no chance a Judge will sign a warrant to force entry just for the HCEO's fees. You could tell them to go swivel if the main debt is paid off - check with your supplier if the debt has been cleared with them. If so then the only action the HCEO can take is to try and get a CCJ for his fees, but for some reason Bailiffs are unwilling to go down that route, something about proving "loss"

[davidozzman]

Hi no the debt is not clear marathon taking £73 of the £100 i pay and £22 to water company so my calcuaton i have £1300 only £286 has been given to water company that leaves £744 left to pay water but for i would have to pay marstons another £3300 that cannot be legal surely

[caledfwlch]

Hi no the debt is not clear marathon taking £73 of the £100 i pay and £22 to water company so my calcuaton i have £1300 only £286 has been given to water company that leaves £744 left to pay water but for i would have to pay marstons another £3300 that cannot be legal surely

 

You could just go into Siege Mode. Refuse to deal with the Bailiffs at all, tell them in writing that you know they will need a rarely granted entry warrant to break in, and just start making your payments to the water company direct. You could put in a complaint to the water company reguarding the bailiff fees, they are are doubling the debt!!!

 

I would be very, very tempted to take the option of having the fees examined by a judge - its not something I know much about, so the proper name and any potential risks involved I am unsure of, but there are people on this thread who will know.

 

Are you on benefits?

[davidozzman]

No a self employed bricklayer .but the debt is in my partners name she has no income house wife ..im going to call water company and see what they say ... if it was just me in house i would love the opportunity to see the ballifs and let them know what i think ..but in. out all day i don't want my pregnant partner having them call .it all stinks to high heaven

[HCEOs]

They also cannot force entry, despite having a walking posession order (and what they will claim)

 

They will need a (rarely given) signed warrant from a magistrate/judge to force entry. And would have to notify you in advance. Unless its different for HCEO's but I don't think so, not for private homes.

 

This is incorrect. If the HCEO has seized goods within the property they are entitled to force entry to recover those goods.

 

I would also advise that the OP may have committed an offence under Section 92 of the County Courts Act 1984 by removing and selling seized goods. A conviction is unlikely but it has been known.

 

The OP first need to understand exactly what he has been charged and what has been paid to the creditor.

[davidozzman]

No a self employed bricklayer .but the debt is in my partners name she has no income house wife ..im going to call water company and see what they say ... if it was just me in house i would love the opportunity to see the ballifs and let them know what i think ..but in. out all day i don't want my pregnant partner having them call .it all stinks to high heaven

[davidozzman]

I have been told that ....what are you suppose to do your tv breaks or microwave goeson the blink do you put them safe to one side until the debt is clear ...think not ..

[davidozzman]

Still not sure what to do for best out come do i carry one throwing money at marstons ...there must be some very rich guy at the top of marstons tree laughing his socks off raking it in

[sgtbush]

I have been told that ....what are you suppose to do your tv breaks or microwave goeson the blink do you put them safe to one side until the debt is clear ...think not ..

 

you HAVE to inform the company that owns the property, as it is levied the debtor no longer owns the item

[brassnecked]

you HAVE to inform the company that owns the property, as it is levied the debtor no longer owns the item

Fine just keep the knackered item and tell the bailiff to recycle it the new one isn't on the levy, and anyway, did he write the serial number, make and exact model and colour on the Notice of seizure?

 

If not well no proof, keep the broken one so the bailiff can have it if he wants.

Edited January 11, 2013 by brassnecked

[caledfwlch]

No a self employed bricklayer .but the debt is in my partners name she has no income house wife ..im going to call water company and see what they say ... if it was just me in house i would love the opportunity to see the ballifs and let them know what i think ..but in. out all day i don't want my pregnant partner having them call .it all stinks to high heaven

 

Bingo. Pregnancy can be considered as "Vulnerable" Contact the Bailiff and the Court, and the Water company. I imagine all this is causing your wife severe stress, making her ill, and your worried that its risking the pregnancy due to her stress/blood pressure

[brassnecked]

Bingo. Pregnancy can be considered as "Vulnerable" Contact the Bailiff and the Court, and the Water company. I imagine all this is causing your wife severe stress, making her ill, and your worried that its risking the pregnancy due to her stress/blood pressure

Get a letter from the midwife as evidence if you can, as they will want proof

[ploddertom]

The Water Board will not want to know. The way forward is as I said in Post 3 which is a tried and tested method.

[brassnecked]

The Water Board will not want to know. The way forward is as I said in Post 3 which is a tried and tested method.

 

Yes at the end of the day, the legal route of the variation, and the stay that will get the HCEO gone is always the best first option.

[davidozzman]

Yeah nothing to lose on all fronts i will get on with it thanks to all who helped