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Marston Group Limited - Left the following letter on Friday


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Hi all,

 

For the past couple of days I have been worrying about a letter I received when I returned home from work Friday eve.

 

The letter is from Marstons Group (Bailifs?) and is very worrying, although I have looked all over the web for an answer I cannot find anything specific to my case.

 

I wonder if you can help me?

 

The debt is from my former employers who fired me when I sprained my ankle straight after a weeks holiday leave. The fact is that they didn't pay me what I am sure I am owed and my defense stated this.

 

They claim I owe about £2,000.

 

Anyway I sent a very detailed defense to the court and waited to hear the outcome, all I received last wee was one line in a letter saying judgement awarded against me as apparently I did not reply to the claim form.

After calling the court it appears they did get my defense but I did not return the: "Directions Questionnaire" This I had not received!

I was then advised to send an N244 form which I did asking for a request to put my judgement aside, which I think if agreed the judge will then look at my defense.

 

Anyway this letter dropped through my letter box marked: "by hand" on Friday and I am now petrified.

 

I called the court just before they shut and was told that they still had not received it, but there was roughly a five day back log, it has been 7 days by then!

 

Basically I want to know what this letter is.....

 

Is it a warrant?

 

Can these bailiffs (if they are bailiffs) break in when my partner and I are at work? (we have two indoor cats)

 

What would you advise I do next?

 

Thanks in advance.

 

Letter below....

 

***Edit hang on I need to post 10 times before I can include an image, letter to follow.***

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You don't need 10 posts....just follow these instructions.....

 

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{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

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Have sent out S.O.S. for you.

 

 

Although if you let Marstons know that you have an application to set aside waiting to be actioned by the court, they should cease further activity, I believe.

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Have sent out S.O.S. for you.

 

 

Ha thanks! Its appreciated...

 

I did phone Marstons and spoke vis their call centre to a Mr Johnson, who said he would note it, but it means nothing to them and until I get the judgement set aside, they will still chase this!

 

As its via a CCJ, although I'm disputing it, can Marstons enter my property when I am not there?

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Sadly they are right. SInce it is now with a HCEO, until they receive the set aside result, they can continue chasing. The second they get it though, they should stop all activity until the court says otherwise.

Edited by renegadeimp

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Sadly they are right. SInce it is not with a HCEO, until they receive the set aside result, they can continue chasing. The second they get it though, they should stop all activity until the court says otherwise.

 

Ok, thanks Renegade.

 

Is it the same as dealing with a council tax bailiff (plenty of info on that here and on the web) in as much they can't enter the property unless invited or via a window etc, though this potential debt is via a CCJ and not via council tax.

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No. Its different than dealing with a council tax bailiff. Sit tight and others will advise specifically. You seem to be dealing with a HCEO who has more powers than a county court bailiff.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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No. Its different than dealing with a council tax bailiff. Sit tight and others will advise specifically. You seem to be dealing with a HCEO who has more powers than a county court bailiff.

 

Thanks Renegade.

 

If anyone can advise then I would be really appreciative.....

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If anyone can advise then I would be really appreciative.....

 

As they are acting on a CCJ there is no right of entry to a residential address

 

Items out side are at risk of a levy car outbuildings ect

 

Keep property secure and do not let them in under any circumstances

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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IHB you are a sanity life saver. Thank you.

 

I have no car and nothing in front or back worth any value.

 

SHOULD the judge (post N244) rule I do owe something on this CCJ, then how can I arrange a payment plan with Marstans as I have heard they only accept full payment...

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You should be able to get the court to make an order for repayment according to your financial circumstances.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You should be able to get the court to make an order for repayment according to your financial circumstances.

 

Renegade, thank you and excuse my ignorance, but should that ccj be ruled then what process do I go through to get a fair payment arrangement put in place with the judge/court?

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Marstons are correct in saying that enforcement will continue after all there is no guarantee you will win your Set Aside. There is only one way of halting them and that is to apply for a Stay of Execution which if granted will halt all further enforcement & fees. Again this is applied for on Form N244 and may be submitted to any County Court that acts as a District Registry of the High Court there is a fee to pay - £80 - unless you can claim exemption because of certain benefits or low wage, in which case you also need Forms EX160a & 160c.

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Your Set Aside may not be heard for several weeks, providing the Court believes there is merit in your defence. If it is set aside then it is up to your Claimant whether they want to still pursue it but all HCEO involvement is scrapped - including charges to you.

 

At present am I right in assuming the HCEO has come to your home address? If so then he has no automatic right of entry, he may only enter by peaceful means - usually by being invited in - a very bad idea. He may however force entry to any detached buildings on your premises - workshop, garage, greenhouse etc - if he believes they contain items that may be seized to satisfy the Writ.

 

Providing he is denied access and you have nothing of value outside - car, barbeque, garden furniture etc - then there is little he can do. He may make 3 or 4 visits then realise as he is getting nowhere hand it back to the Creditor. The Writ itself is valid for 12 months but may be renewed on request.

 

It is no good trying to think of making payments if you believe you have sound defence that will overturn the original CCJ. If things go against you then you may ask the judge to decide how much you have to pay.

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