United Utilities ...Marsdens help please

[allison6564]

Hi

I normally post on the site with my own problems but I'm emailing for my sister.

 

she got into arrears with united utilities for water rates to the sum of 2k.

 

She buried her head and

 

in Dec also ignored a court summons.

 

All this is in her husbands name who until this week had no idea about any of it.

 

Last Fri a high court bailiff turned up at her house from Marsden demanding full payment or to sieze goods.

 

After discussions he said if she could make a payment of 1k he was sure they could come to an arrangement for the balance.

 

She borrowed the money off our parents and paid over the phone on Monday and arranged a payment plan of £50 per month for the balance.

 

Today they have rung and said he needs to call back tomorrow to complete some paperwork and make an inventory of goods.

 

This has alarmed her and she has asked me to check if this is normal procedure.

 

My debts are credit cards so never been in the situation to advise her

and she's 21 weeks pregnant too so want to help her all I can.

 

Could anyone please advise and help thx

[allison6564]

I've just been trying to fain so e info from other threads and now very worried for her.

 

Does she have to sign his paperwork

 

Does she have to leave him in to make an inventory

 

Even though she thinks she has made a payment plan will they still add charges

 

Does she have to apply to the court to arrange a payment plan and if so what form is it and where do you get it from

 

Sorry for all questions but I'm out of my depth to give advice but want to help her

[unclebulgaria67]

As far as I know she does not have to agree to walk in possession.

 

If she lets the enforcement officer or bailiff into her home,

they can come back and gain entry any time they wish.

e.g if she was late with payment,

they could take the listed goods and ramp up the fees.

 

So I think she should refuse this and just pay the amount agreed.

 

I think she should query the amount due to UU and the fees that the enforcement officer had added so far.

[ploddertom]

This will have been a CCJ that has been transferred to the High Court and

now a High Court Enforcement Officer has been deployed and unfortunately the fees they charge are akin to telephone numbers.

 

The Enforcement Officer can only get paid if he can enforce the Writ he has.

 

Having made a payment to him will make him think you will comply with everything he says

 

whereas in actual fact he only wants to increase his charges.

 

Out of the money you have paid him only a proportion of it will find its way to UU.

[allison6564]

Thanks for the advice

 

but still at a loss as what to tell her to do tomorrow.

 

From he posts should she just not answer the door.

 

Also what about the payment arrangement

 

does she need to tell the court

 

or is it no owned by Marsden

 

and even if she keeps up payments will they still add charges

[i hate bailiffs]

There is no right of entry to a residential address no force no locksmith

They will try to levy on goods outside car ect

 

Do not let them in to the property otherwise the game changes

[allison6564]

Their car is in my sisters name and the action in her husbands will this stop them re the car. Should she ring and say she's making g an app to the court and won't accept a visit

[ploddertom]

Sorry I got sidetracked.

 

I would guesstimate that with charges she will now be looking at a debt of approx £3k+ but all is not lost.

 

It would be hard to argue they knew nothing of this if post was hidden or ignored so applying for Set Aside would probably not work.

 

When arranging payment you say they have agreed to £50 per month,

was this agreed on the spot or was she told they would have to ask UU?

 

Normally they should ask the Creditor first

but with utilities there is a bit more leeway.

 

If she does this then the HCEO can still deduct fees and would guess payment would be split 60/40

meaning the debt would take take forever to pay off if at all.

 

He wants to attend to make a levy on goods so that if there is ever a default

they can re-attend to remove the goods to sell at auction

- again this increases the charges made and adds to the debt

- it is not a good or sensible idea to do this.

 

Similarly then any motor vehicle should also be kept well out of the way as this would be an easy target.

[allison6564]

Thank you so much for ur help but sorry still confused...I'm used to dealing with just normal credit cards debts so out of my league all this....should I tell her to apply to the court then for a payment plan...the last thing they need is more charges added thx x

[ploddertom]

There are 2 applications she may make to try and tackle this.

 

1 - apply for a Variation Order that if granted allows her to make regular payments to UU. It's a simple form to fill in and has a simple I&E part. Cost of the application is about £40 and is done on Form N245.

 

2 - apply for a Stay of Execution against the HCEO - if granted this halts all further enforcement action and charges. The grounds she could apply on are:

i - she cannot afford the fees demanded

ii - pending determination of a Variation Order

iii - the Enforcement Officer is adamant that to make an arrangement to pay in instalments then a Walking Possession Agreement must be made

 

This application is a little more awkward to do. Cost this time is approx £80 and uses Form N244.

 

If on certain Benefits or Low Wage then the Court fees may be waived - see Forms Ex160a & 160c for details.

[ploddertom]

Do you know if she has been left any paperwork - Form 55 perhaps? Not being funny but is there no chance she can come on here herself as it is easier than through a 3rd party.

[ploddertom]

The application for the Stay should be taken to the High Court in London or to a County Court that also acts a District Registry of the High Court. The forms are best taken in person preferably in a morning, explain the urgency of the application and usually a Judge can be found who will hear the application on the spot. This application is the more important of the 2.

[allison6564]

Hi Ploddertom many thanks for your help my sister had some other personal issues last night and so couldn't get hold of here but have told her not to let him in etc and that she needs to get the forms to the court.

Thanks for your advice

[ploddertom]

If she needs help filling the forms in just give a shout, I'm in and out all day today so don't worry if there's a long gap.