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    • Thanks. I did all that but I will try it again. Strange thing is that although the screen says it’s me, the user profile is my daughter. I will try again but reckon I will need to call them. 
    • Hi   It a bit late now as you have sent them a letter before action but I would have waited for their response to those questions especially number 1. and to clarify for you asking these question would not put you in the position of Mears implying that you agree the money is owed as this money for the Roof Repairs is in Dispute with yourself (Landlord).   I would wait and see what response you get from Mears.   Also have a good look at Mears website and see what other bodies they are registered with   In the mean time something else to consider sending Mears is a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase covers all data they hold whatever format they hold it in whether it be recorded calls, written, emails etc.   They then have 30 Calendar Days to respond to your SAR Request, this time limit only starts once they acknowledge your SAR Request.   If they completely ignore your SAR Request then you make a complaint to the Information Commissioners Office (ICO):   Your right of access ICO.ORG.UK     What to do if the organisation does not respond or you are dissatisfied with the outcome ICO.ORG.UK   Make sure and put it in writing and get Free Proof of Posting from Post Office   Note: a SAR is now Free there should be no cost involved due to the DPA 2018 & GDPR 2018   I know I have asked a couple of times now but is there any reason why you can't post up a Redacted copy of that Agreement with Mears (in PDF Format)?    
    • Sorry I can't edit the post now meant to change it so that the Claiment is (lowell portfolio LTD)   I have done everything you have said already.   registered online on the GOV site, I have my date set already to file for defence which is 2nd February, CCA request sent off along with CPR forms recorded with postal order.   I have had a reply back already from Overdales sending me the same CCA information as last time.   All that is left to do now is file my defence online. Overdales no longer wish to respond to me unless I make payments. I will file my defence online Thursday next week. (my DO work)   post #6 has the CCA information overdales sent me as per post #20 if you could cast your eyes on the PDF document again they don't seem to have sent much and it's what they appear to be using in court.   Would you say that is enough info for them to use should it go that far? my defence is that they haven't supplied all the paper work to make and informed decision about the debt and they haven't complied with any S78 request or offered any explanation as to the missing documentation I have asked for it has left me in a position regarding payments to any debts up in the air because there isn't enough information regarding the debts.   Thanks   Again
    • name of claimant is not overdales - a solicitor representing a client cannot be the claimant.   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site Go to HMRC's login page. Click the GREEN sign in button. Click “Create sign in details” Enter your email address where asked. You will now be emailed a confirmation code. ... You will now be issued with a User ID for your government gateway account.  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant ...YOU MUST SEND A CCA REQUEST FOR EACH DEBT IN THEIR POC https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
    • Which Court have you received the claim from Northampton N1   Name of the Claimant ? Overdales   Date of issue –  31/12/2021   Date to submit defence  - 2nd February    Particulars of Claim   1. claim comprises of the following agreements the defendant entered into: a) shop direct financial services current balance £937 B) shop direct financial services current balance £3742   2. The agreements were terminated as payments were not maintained and subsequently assigned to the claimant A) total sums = £4679 B) interest pursuant of s69 £374 c) costs   What is the total value of the claim? £4680 = with court costs and interest = £5609   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CATALOGUE   When did you enter into the original agreement before or after April 2007 ? AFTER 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? ONLINE   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT PURCHASER (LOWELLS HAVE THE DEBT AND OVERDALES ARE ACTING ON THEIR BEHALF)   Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Did you receive a Default Notice from the original creditor? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? WAS WITH A DEBT CHARITY (STEPCHANGE) MAKING PAYMENTS TO A NUMBER OF DEBTERS WIFE LOST 2ND JOB AND COULD NO LONGER AFFORD PAYMENTS (STEP CHANGE SUGGESTED I GO BANKRUPT I DIDN'T WANT TO DO THAT) CAME TO CAG FOR ADVICE IT WAS SUGGESTED I DROPPED THE CHARITY AND WENT ON MY OWN. FOUND IT EASIER SOME DEBTS ARE BEING PAID SOME CAN'T GET CCA INFO SO NOT HEARD FROM THEM FOR AGES OVERDALES HAVE BEEN THE ONLY PERSISTANT ONES FOR THIS DEBT.   What was the date of your last payment? CAN'T REALLY REMEMBER BUT PERHAPS 2017 OFF THE TOP OF ME HEAD   Was there a dispute with the original creditor that remains unresolved? AT THE TIME WHEN WIFE LOST HER JOB THEY WOULDN'T REDUCE PAYMENTS INSTEAD PILED ON INTEREST AND FINES. ENDED UP NOT RESPONDING TO THEM ANYMORE AND BEEN IN DEBT SINCE TO DCA'S   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES I DID AND THEY WEREN'T INTERESTED
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Marstons saying they have a court orde....but they don't!


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My son’s partner sold her car and cancelled her insurance policy but there then followed an ongoing dispute with her insurance company (Thames) over the termination fee as they alleged that she had not returned her certificate of insurance for the vehicle concerned. She did return what she thought was her latest certificate but they were adamant they had issued a later ‘amended’ certificate what had not been returned.

All went quiet for a few months and then she received a letter from CCI Legal followed by threats from Marston’s who said they were in possession of a magistrate’s court order.

She wrote to:

i) CCI: to inform them that she had complied with Thames request and was unaware of any debt and to refer the matter back to Thames and not to appoint Bailiffs as this would deem to be harassment

ii) Marstons: to inform that she had paid to have a court check done (Trust Online) and there was not, nor has there ever been, a judgement against her and requested explanation of their letter

Neither of the letters was responded to and then on Saturday a ‘Removal Notice’ was shoved through the letterbox by Marstons who were chasing a ‘magistrate’s court fine’ totalling over £600

Not only is my son the sole legal owner of the property he is also the sole owner of the contents, fixtures and fittings.

As this ‘alleged’ dispute is with my son’s partner can they forcibly gain access to his property and what should be his partners nest step as she has written to both parties without a response asking for an explanation of their charges/action?

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It would not be a magistrates court order, but a county court judgement. The Trust Online details can take a month or so, to be updated with the latest CCJ details. Ask Marstons which county court awarded the CCJ and on what date, plus what reference numbers apply. Then Sons partner can phone the court.

 

If Marstons are telling porkies then warn them that they may be committing a criminal offence under the Administration of Justice Act 1970 and you would report them, if they continued to make false claims.

 

If the Insurers or their reps had applied for a CCJ, the court would have sent a court claim to the address they were given. This would have been the address where the Insurance was registered. Following the CCJ, the court would have sent details of the judgement to the address.

 

Marstons cannot gain any access to any property, unless they are invited in. They can try to levy on Sons partners car, if they find it and therefore best to make sure out of sight. Marstons would then give a period in which repayment would need to be arranged, before they could tow the car to dispose of.

 

Thames Insurers are known to be difficult. When the certificate of Insurance was returned, it should have been sent back by recorded delivery. If there is no CCJ, Sons partner should enter into a complaint with Thames and involve the FOS if necessary. If there is a CCJ, then they can complaint to Thames, but the FOS won't touch a complaint already with the courts.

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thanks uncleb' further points as follows:

 

‘It would not be a magistrates court order, but a county court judgement’

A: Marstons specifically refer to a ‘Magistrates Court Fine’

 

Ask marstons which county court awarded the CCJ and on what date, plus what reference numbers apply. Then Sons partner can phone the court.

A: Already done so in December but NO response

 

If marstons are telling porkies then warn them that they may be committing a criminal offence under the Administration of Justice Act 1970

A: this Act was referred to in a previous letter sent to to CCI, who appointed Marstons

 

If the Insurers or their reps had applied for a CCJ, the court would have sent a court claim to the address they were given. This would have been the address where the Insurance was registered. Following the CCJ, the court would have sent details of the judgement to the address.

A: NO court papers received at new or old address

 

They can try to levy on Sons partners car,

A: She now does not have one – she sold it in 2011 and this is from where this dispute originated

Edited by wigvet
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thanks uncleb' further points as follows:

 

‘It would not be a magistrates court order, but a county court judgement’

A: Marstons specifically refer to a ‘Magistrates Court Fine’

Ask marstons which county court awarded the CCJ and on what date, plus what reference numbers apply. Then Sons partner can phone the court.

A: Already done so in December but NO response

If marstons are telling porkies then warn them that they may be committing a criminal offence under the Administration of Justice Act 1970

A: this Act was referred to in a previous letter to CCI, who appointed Marstons

 

If the Insurers or their reps had applied for a CCJ, the court would have sent a court claim to the address they were given. This would have been the address where the Insurance was registered. Following the CCJ, the court would have sent details of the judgement to the address.

A: NO court papers received at new or old address

They can try to levy on Sons partners car,

A: She now does not have one – she sold it in 2011 and this is from where this dispute originated

 

Magistrates fine - Stopped by Police for not having Insurance ? Or other motoring offence ?. So nothing to do with Thames Insurance outstanding premium.

 

If it is court fine, then perhaps Sons Partner should contact the local magistrates court to see if any fine is noted against her.

 

Confused ! If Marstons have been written to with no response, , then I would ask Marstons for a copy of the court order they are using to try to enforce a fine or debt. They have to supply this on request.

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Confused ! If Marstons have been written to with no response, , then I would ask Marstons for a copy of the court order they are using to try to enforce a fine or debt. They have to supply this on request.

 

letter to Marstons in December 'As I am unaware of any case involving me ever going to court, let alone being able to defend myself, I request a copy of the said court order forthwith so that I may act accordingly'

 

NO response received to letter

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What is noted on the removal notice exactly ? Any clues about what this is about ?

 

Has your Sons partner tried phoning their office to find out what is going on, as no CCJ or court fine has ever been received.

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I've received a contact from Marstons about this thread.

 

They say that they would like to look into it if they could have a name and address or a reference number.

 

If this interests you then please email me the details to our admin email address - put "Marstons" in the subject line.

 

I don't think that you can lose anything by having them look into it directly for you

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It is good to hear that Marston Group view posts on the forum and are willing to investigate.

 

Other bailiff companies could learn a lesson from this !!!

 

PS: It would seem from this query that a County Court summons had been issued by Thames and as no defence was filed a CCJ was awarded. For the case to have been "transfered up" to Marston Group the judgment would need to be in excess of £600. Their High Court division would be enforcing the debt.

 

If correct.....then you would need to file an application to set aside the judgment AND to "stay the proceedings". Ploddertom is the expert on such procedures.

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PS: It would seem from this query that a County Court summons had been issued by Thames and as no defence was filed a CCJ was awarded. For the case to have been "transfered up" to Marston Group the judgment would need to be in excess of £600. Their High Court division would be enforcing the debt.

 

If correct.....then you would need to file an application to set aside the judgment AND to "stay the proceedings". Ploddertom is the expert on such procedures.

 

Thnaks TT but...

i) NO court papers were ever received at old or new address

ii) The sum ‘allegedly’ owed (for which NO explanation, breakdown or substantiation has been received despite being requested) stands at £605

iii) Marstons specifically refer to:

a) Letter mid December: ‘Being in possession of a Magistrates Court Order’

b) Bailiff note put through letterbox last Saturday: ‘Magistrates Court Fine’

As previously stated:

i) I paid for a court search and NO judgment has ever been passed against the individual concerned

ii) I have asked Martsons TWICE for a copy of the court order, but none has been forthcoming

Due to the lack of response or copy of the order I am unable to make an ‘application to set aside the judgment AND to "stay the proceedings" to which you refer

And as regards Marstons offer to investigate I have written to both their Sale and Waltham Cross office (and to CCI Legal who instructed them) and there has been NO response whatsoever!

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Did you send the letters by recorded delivery? if so have you checked they were signed for? also did you keep copies of the letters?

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Did you send the letters by recorded delivery? if so have you checked they were signed for? also did you keep copies of the letters?

 

faxed AND sent by post; and copies kept

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faxed AND sent by post; and copies kept

 

Was it by recorded post ? (i.e. to be signed for by Marstons)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Incredible

Despite faxing Marstons yesterday fully outlining the case, despite enclosing copies of previous letters (all unanswered), despite asking again for a copy of the ‘court order’ and despite specifically asking that their ‘heavy’ is called off until full facts are at hand and can be dealt with in an appropriate manner he has been knocking at my sons door again this afternoon!!!!

Note pushed through the letterbox states:

Final Notice

I shall remove your goods for sale at public auction’

(house & goods are my sons who is the innocent party in all this!)

Their client is referred to as ‘HMCTS Greater Manchester’

And still no response to letters, no copy of court order just threats, threats, threats!

Shame on you Marstons!

The ‘enforcement agent’ has left his telephone number – I suppose if Marstons won’t take notice of courteous correspondence there is no chance of him being obliging is there or should I call him?

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And of two fax numbers on Marstons correspondence:

 

i) 01992 703703 continually rings

ii) 01992 807389 continually engaged

 

So you can’t communicate by fax with them now!!

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Sounds like this is a fine and not a civil matter.

 

Sons partner may not be telling your son everything they know. Perhaps this is a very old offence they had not paid the fine for.

 

Sons partner needs to phone the court urgently to find out what they need to do.

 

http://212.137.36.113/HMCSCourtFinder/Search.do?court_id=1438

We could do with some help from you.

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you are right uncleb

 

I have spoken to the enforcement agent who informs me that he has a copy of a ‘magistrates court distress warrant’

From what I can understand Thames insurance, upset at not getting the original Motor Insurance certificate back, reported my sons partner to the DVLA for false/failure to declare the sale of a vehicle! I jest ye not!

DVLA must have decided to take action

This has gone to the magistrate’s court in Trafford, Manchester and in my son’s partner’s absence, and her being totally oblivious to the case, the case went against her and she was fined!

I repeat for the sake of clarity she never received court papers of any description

I have asked him for a copy of the ‘warrant’

Two points:

i) The enforcement agent is still threatening to come to my sons to seize property – can he force his way in and what are my sons rights as regarding his entry?

 

ii) Where does my son’s partner stand with the court case if she was unaware of it? Can she have it set aside and if so what is the procedure?

 

The most unbelievable aspect of all this is that despite sending a number of fulsome letters asking for substantiation, breakdown and reasoning of the debt you are TOTALLY ignored!

 

PS thanks very much for your help so far

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As far as I know the Son partner can attend the Magistrates court in Manchester and swear a statement in front of Magistrates to say that they were not made aware of the hearing. The Magistrates should then put a stop on current action and there will be another hearing. She needs to contact the the court urgently. The bailiffs should not force entry, if the property is not owned by the person owing the fine.

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i) It would appear that this case has nothing to do with an insurance company, as first thought, but has been instigated by the DVLA

ii) Marstons maintain that they have a ‘magistrates court distress warrant’ from August last year against my sons partner; I have now asked FOUR times for a copy of this. Yet having a paid search undertaken with ‘Trust Online’ in December there is NO record of ANY order against her at the address that she has lived at for the past 2 years

iii) This confirms my view that all previous documentation, court papers etc have been sent to an incorrect address

iv) The FIRST she knew of this case was upon receipt of Marstons first letter in late December

v) Once gain I have requested from Marstons a copy of any court papers, orders, client details etc so that I may deal with this in an appropriate manner which I have been unable to do so thus far.

vi) I have asked Marstons that until such time as we receive such documentation and have had a chance to speak to the court to clarify the situation that I respectfully request that any further visits by their enforcement agent are suspended. ...I hold my breath!

vii) One point which concerns my sons partner which I would like a quick response on please.. . My son works during the day and whilst his partner is busy putting the new baby in the car, can the bailiff simply walk in though the open front door to gain entry or does he have to be invited?

Thanks once again for help so far and in response to an earlier post my contact details have been forwarded by CAG to Marstons

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Yes bailiffs can enter through any unlocked door or window. As it is a fine, they can also ask the court for permission to break in using a locksmith.

 

I cannot underline the fact that your Sons partner needs to get down to the court urgently to swear the statutory declaration in front of magistrates, that she never received any court papers regarding a case taken up by DVLA. If she does not do this, then I suspect that bailiffs will be back this week and won't go away until the fine is paid to them.

We could do with some help from you.

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thanks uncle B but

i) I don't know which court to go to as Marstsons won't tell me - despite 4 requests

ii) the house, fixtures & fittings are the sole legal property of my son who is the innocent party in all this and you are saying they can break in HIS house?

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