Urgent advice needed on Marston

[sahmed13]

Hello

 

I need urgent advice before tomorow please

 

Marston is coming with removal guys to an address. This adress is council property and my wife main tenant owner solely. me and 3 children live too. But house in wife name.

 

I got court writ nearly 29,000 from a claim that was friend name. friend was man driver i was passsenger, we got hit and claimed. but court struck t off. now i need to pay court costs everything and not my friend. Why?

 

but problem is everything in house my wife buyed. i buyed 2 bed only.

Marston coming tomorow with removal guys.

 

what should do?

if Marston take anything, my marriage finish

[Desperate Daniella]

Hi sahmed, and welcome to CAG!

 

Your post isn't very clear.

 

I think you mean that you have received a County Court Judgment for nearly £29,000? Is that right?

 

How did you make a claim? What was it for? The vehicle or personal injuries?

 

Your friend's insurance company should have dealt with this for him.

 

Marston cannot take items belonging to your wife for your debt? Does she have receipts for everything she has bought?

 

DD

[sahmed13]

yes she has reciepts for everything except microwave.

 

it was personal injury claim but my friend lazy and didnt give information on time several times. and the struck it off once and then my friend reinstated it and then he became lazy again and it got struck off. and now i need to pay for everything. man from high court came, i was not home, my wife opened the door and said they will take her car, but she showed log book and proved its hers.

 

shes scared they will come tomorow and break door or open lock and threatened her and take the stuff. can they take her car too? its parked on the road outside the house

 

please help me what to do.

[unclebulgaria67]

For court costs or a CCJ, they cannot enter your house without your permission, unless they have gained peaceful entry before.

 

So if they have not been in your house, you simply refuse them entry. Keep all doors locked and windows closed. Make sure any vehicles your family owns are kept away from the house. Park them down the road or elsewhere, while a bailiff is dealing with this.

 

It sounds like you and your friend tried to pursue a court claim for personal injury, which failed after several attempts. You lost and are liable for the defendants costs.

 

Suggest that you speak to a Solicitor, as I am not sure how you would deal with the court, to come to a repayment arrangement regarding costs or to appeal.

[Desperate Daniella]

Did your wife allow the bailiff in the house?

 

Why are you liable for all the costs and not your friend?

 

Why didn't your friend's insurance company deal with this?

 

It is highly unusual and not advisable to make a personal injury claim without using a lawyer who specialises in this type of claim.

 

I do think you should see a solicitor.

[sahmed13]

no he knocked, my wife think its from council, and opened. he didnt come in house. just gave letter and said he will be back to take goods.he took wife car details down, but she got angry and said its her car, showed log book and the man left.

 

my friend insuranc company dealing with it but dont know why it got struck off. now i dont know why everything in my name.

i went solicitor but i need to pay them 3000 to start case but i am very difficult financial situation. i work taxi but not enough, i am benefit but still struggling.

 

do i let them in house?, my wife said dont open door, they will threaten and take things.

 

what do i do?

[Desperate Daniella]

Firstly, you must not let them in the house. If you let them in once they have a right to come back in again.

 

Get your wife to get all the receipts together.

 

It would have been struck out if you did not comply with orders from the Court, or if the Court thought your claim lacked merit and could not succeed. The other side's costs are very high so they must have been using a solicitor for some time.

 

Google 'Legal Aid solicitors' in your area, or find the local Law Centre/Community Law Centre. Almost every town has one of these.

 

What did the solicitor say exactly?

 

I still don't understand why you were attempting to bring this claim yourself. If you and your friend were injured it is up to the insurance company to seek damages for you.

[sahmed13]

yes im seeing my cab thursday but they come tomorow. no we had insurance company deal but my frend lazy not giving details when ask. my frend now left me hanging.

 

we should not let them in at all ok.

 

do thy take my wife car?

[Desperate Daniella]

Don't let them in at all.

 

They cannot take your wife's car as she has shown them proof of ownership.

 

Why was the claim made in your name? Who were you actually trying to claim from?

 

I am very muddled.

 

Are you saying your friend would not give details of the accident to his insurance company?

[unclebulgaria67]

yes im seeing my cab thursday but they come tomorow. no we had insurance company deal but my frend lazy not giving details when ask. my frend now left me hanging.

 

we should not let them in at all ok.

 

do thy take my wife car?

 

Keep doors locked and windows closed. Do NOT even open the door if the bailiff comes. Do NOT even speak to them.

 

Do NOT have ANY cars parked on the driveway or near the driveway. They may attempt to block in your wifes car and say they will take it away, so you come out of the house. This is why your wife should park her car somewhere else, where the bailiff cannot see it.

 

See another Solicitor or your local legal/community advice centre ASAP.

 

I suspect that you were a joint claimant for the personal injury claim and that the Insurers for the car you were in were not involved. The defendant who has won their costs can go after whoever they choose. Perhaps they have already tried your friend without success.

[AndyOrch]

Thread moved to the appropriate forum.

 

 

Regards

 

 

Andy

[tomtubby]

 

My wife opened the door and said they will take her car, but she showed log book and proved its hers.

 

Shes scared they will come tomorrow and break door or open lock and threatened her and take the stuff. can they take her car too? its parked on the road outside the house

 

please help me what to do.

 

I would assume that the bailiff was satisfied with the documentation that was shown yesterday by your wife. I would be surprised if this was not the case.

 

On the matter of whether there is a right to force entry the simple answer is NO. Despite the amount being around £26k this is a simple CIVIL debt. There is merely a right of 'peaceful entry'. Put more simply...if you leave the door open the bailiff may come into the property but in most cases, the way of gaining entry is to get invited in by the householder.

 

It would seem that a Judgment has been registered against you and the experts on here ( Ploddertom or Wonkey Donkey) will be along shortly to advise you of the best way to get this debt stayed and set aside. As you are on benefits you will be exempt from paying court fees.

 

If a set aside does not work then given the size of the debt you may wish to consider personal bankruptcy. As you are on benefits, you will be exempt part of the costs.

 

I would strongly suggest that you do NOT speak with the bailiff and instead, that you send a text message to him. Something along the following lines should suffice:

 

"You came to my home yesterday to enforce a writ against me for approx £26,000. This debt is disputed as it relates to a Judgment from an insurance company against me when in fact, I was simply a passenger in the vehicle in question. Any claim should be against the driver. I do not have any money and work as a taxi driver and also receive benefits. The property is owned by the local authority. On Thursday I have an appointment with the CAB to hopefully get their help with setting this judgment aside. My wife will not allow your officer into the house as all of the goods are owned by her and she has receipts as proof. You levied upon her car but I understand that she provided evidence to show that the vehicle is hers and not mine.

 

Please note that I will update you further once I have seen the CAB on Thursday"

[tomtubby]

PS: If you really want to antagonise a bailiff then posting a Notice of Removal of Implied Right of Access will ensure that this done. Bailiff companies and local authorities are becoming very weary of these silly notices.

[brassnecked]

If Marstons are attending as HCEO, you need to fill in an n244 and apply for a Stay of Execution against Marstons one ground for this is you cannot afford the fees they are demanding, was the judgment a default one or were you aware of the proceedings? I find it strange the insurance company are pursuing the passenger - you, unless the vehicle was insured in your name. Anyway the experts will be along soon and can help far more than I cam regarding a set aside or variation, but get that stay application in, the fee is waived for people on certain benefits.

[Desperate Daniella]

The OP has said that he and his friend were personally pursuing a personal injury claim which was struck out. It appears that his friend did not provide information to the Court so the Defendant got awarded costs. Or maybe the claim had no merit and the Defendant was still awarded their costs.

 

It's difficult to advise without all the relevant details.

[ploddertom]

What paperwork do you have from the Court about this? You should have an Order telling you the claim was struck out - what does it say and in whose name is it?

[sahmed13]

thankyou everyone for the replies.

 

it was a car crash and solicitor were dealing with personal injury. i was passenger, my friend main driver in his car. i read letter again now, it said my claim struck because i did not have bill in my name. all bill in my wife name and i said this. but other party not believe. then frend couldnt proof his car is salvaged and 2 bill too. then again claim reinstated but cost was over 2000 and could not pay thats why struck off.

 

 

ok i fill in N244 and how do i get this?

how do i please do Stay Of Execution

 

everybody thankyou for help

[tomtubby]

I still very confused as to how it was possible for the Judgment to have been in your name and not your friends.

[sahmed13]

i am too very confused. i went solicitor and he said to start a case against it i need to pay more £3500

i ask my friend and he dont knowa

[Desperate Daniella]

thankyou everyone for the replies.

 

it was a car crash and solicitor were dealing with personal injury. i was passenger, my friend main driver in his car. i read letter again now, it said my claim struck because i did not have bill in my name. all bill in my wife name and i said this. but other party not believe. then frend couldnt proof his car is salvaged and 2 bill too. then again claim reinstated but cost was over 2000 and could not pay thats why struck off.

 

Where did you get the solicitor who was dealing with the personal injury? Was he/she recommended by the insurance company? Were they supposed to be handling the claim?

 

What bill are you talking about?

 

It's not a question of the other party not believing what you have said. It is down to the Court.

 

Who asked you for £2,000?

[brassnecked]

Yes was this a PI claim ?

[unclebulgaria67]

I think there is more to this story. I am not saying this happened, but if the defendants Insurers believed that the PI claim did not appear to be genuine, they would have applied sufficient resources to handle it. e.g expensive Barristers, Solictors, Doctors as expert witness, accident investigators. It would be quite easy for the costs to have gone past £20k.

 

I am not sure we will get to the bottom of how this all happened. Did the third parties insurers take the OP to court and not the other way around ?

[Desperate Daniella]

You are absolutely right about costs.

 

Any personal injury claim should have been made through the insurers or a solicitor they recommended.

 

I am wondering if the solicitor acting was provided by one of those "Have you had an injury which is not your fault?" outfits. We know they often tell people they can get a quick settlement because they hope the other side won't fight back. Of course if the other side do fight back it's not so easy!

[brassnecked]

It was probably a badly advised Claims Management botch up, other problems come with Credit Hire after an accident whaen the company offer to upgrade a courtesy car from a Corsa or Micra to a like for like, problem is the insured can end up with a hefty bill when the other side refuse to cough up.