Marstons HCEO problems

[Rob M]

Hi all

A private person applied to Northampton to get a CCJ against me for a fictitious amount, I knew nothing about it as the paperwork was all sent to a previous address, the first I knew of it was when a rather stubborn and single minded gentleman from Marstons turned up with a high court writ, I refused to let him in or fully confirm my details, he took details of two cars in the road outside my home and said they were now levied, and I would have to prove they didn't belong to me...

I asked to see the writ or proof, he said he didn't have it, I asked what address was on the writ , he refused to answer only saying the address is not important.

I phoned Marstons and requested to see the writ and asked them to send an I and E , the said that as they could not reproduce the seal they would not supply me with it, I must go to their office in Birmingham to see it ( some 280 miles away)

Is it normal and standard not to be allowed to see the writ?

He also said that if he returned and no cars were there he could break into my garage ( integral to my home) and take it .

I am in the process of gathering evidence to prove the claimant lied in her application and no monies are in fact owed , she didn't support her claim with any kind of signed proof as there is none .

Any advice on the concerns I have would be greatly appreciated

[i hate bailiffs]

Garage attached to your house no entry by force

Your residential address no entry by force

 

You may be able to get this set aside if you never recived any paperwork

[ploddertom]

Do you have any knowledge of the sum allegedly owed? If so do you have any means of paying it off? Are the vehicles that have been seized owned by you or are they the property of a 3rd party?

[Rob M]

He hasn't seized any vehicles , one belongs to me and the other to my wife , I signed nothing and refused him entry, the amount is for £11500 and no I have no means to pay at all , my possessions wouldn't even cover a tenth of the amount. This said I have no idea where this figure was conjured up from.

I have been denied seeing the writ and I do know from the solicitors there is no supporting paperwork to indicate I actually owe any money .

[ploddertom]

He hasn't seized any vehicles , one belongs to me and the other to my wife - you said in your initial post they were levied, which is the same thing - I signed nothing - you don't have to sign anything in order for the levy to be valid - and refused him entry, the amount is for £11500 and no I have no means to pay at all , my possessions wouldn't even cover a tenth of the amount. This said I have no idea where this figure was conjured up from.

I have been denied seeing the writ and I do know from the solicitors there is no supporting paperwork to indicate I actually owe any money .

 

Can your wife prove she bought & paid for her car from her own means?

Are either of the vehicles on finance?

What paperwork have you been left?

[Rob M]

I phoned Marstons and was told they are doing a dvla check which will come back as her vehicle , my car is a non runner at the moment ( starter motor ) also is 14 years old and done nearly 200,000 miles . I was left a form 55 stating details of both cars only.

[Rob M]

He said as he has now levied the vehicle he can force entry to my garage if I put it in there, he also insisted that the amount be paid within 12 months at £1000 a month, I said at best I could stretch to £200 while I sort this farce out and he said that was unacceptable and refused

[ploddertom]

He said as he has now levied the vehicle he can force entry to my garage if I put it in there, he also insisted that the amount be paid within 12 months at £1000 a month, I said at best I could stretch to £200 while I sort this farce out and he said that was unacceptable and refused

 

OK he is being a dipstick, he hasn't gained entry previously so can do nothing. There are now 2 avenues of approach as to what to do next, one more important than the other although they will depend on each other.

 

1 - you have not said what the original debt is for or how you believe it is wrong, if you don't want to say then fair enough. You do have a choice of what to do about it:

i - because you did not receive the original documentation about this the Claimant probably was awarded Judgment by Default, you say all went to an old address - did your Claimant have your current address? If so you would have good grounds for applying for Set Aside.

ii - if the amount claimed is wrong and you can prove this then again you could apply for Set Aside but may be asked to deposit the amount you think you owe into Court as a sign of good faith.

iii - you could apply for a Variation Order where the Court could set the amount to be paid each month - but this may mean accepting the claim as it stands.

 

2 - the most important application - apply for a Stay of Execution which if granted halts all further enforcement action & charges. You do need some grounds on which to apply and these could be:

i - you cannot afford the fees demanded

ii - pending determination of 1, i, ii or iii above

iii - the Enforcement Agent is threatening to force entry to a private garage.

 

One thing that may go against you is did you know about the original CCJ when it was awarded & if so why did you not do anything about it at the time.

[Rob M]

I knew nothing of the CCJ until a few weeks after it was awarded,

this was made aware to me by claimants solicitor via email ,

 

I tried contacting claimant bit was told she did not want to enter into dialogue.

 

The money was a loan taken out by the claimant who was a single mum of two,

she asked to keep the amount of £10k safe in a savings account ,

I agreed and it was transferred ,

 

she later told me it was done as she didn't want to jeopardise any benifits she was on,

she requested I feed it back to her account at two hundred per month via bank transfer and cash amounts twice a month.

 

I realise I was naive and stupid but I did as she asked,

our relationship broke down and she demanded all money that wasn't transferred by bank transferred ,

 

at this point she had received over 8000 back but demanded 7500, I refused ,

 

she claimed that this put her in serious financial hardship,

however at the same time she bought a new house , car and other items such as expensive days out and a 700 shed.

 

I offered the remainder of what she deposited but I had no reply ,

 

next thing I know an email from her solicitor says they have a CCJ against me in the sum of 11500

 

Not being in this position before

 

I have no idea what to do,

 

surely at the very least I should be allowed to see the writ and defend myself !

[renegadeimp]

So she's guilty of possible benefit fraud?

[Rob M]

I don't know , I just want this over and no more to do with her, I just can't see how she took out a loan in her name then get a CCJ against me .

[wonkeydonkey]

For some reason I cannot look past 'she later told me it was done as she didn't want to jepoardise any benefits she was on' as it begs the question...how the hell did she manage to secure a£10k loan when on benefits? I hope I'm wrong and sorry to say it but her motives are very questionable.

 

Until you can get to the bottom of this I would suggest you apply for a stay of execution to the writ, using the grounds 'pending set aside' then I would be in touch with the DWP to ask they take a closer look to what benefits were paid to her over what period? gather everything you have to show the deposit and subsequent transfers were made, then pop down to your local police station and report a suspected fraud!!!!

[Rob M]

As far as I know she was on income support

 

she was able to secure a loan as she had a good credit rating ,

 

she owned her own house but only worked part time ,

 

from my understanding she had no savings and

 

she feared that if the amount was noticed she may loose income support .

 

Like an idiot I did not really ask or enquire as I thought I was helping her get by,

 

it was deposited in her account after she applied ( tescos bank loan) then into mine .

[wonkeydonkey]

If you have evidence to the bank transfers to her account and you get it back into court with set aside application, she is going to have to do a lot of explaining..

[ploddertom]

Rather than make comment on how this came about - it could open a whole load of trouble. At present you are going to have to ask the Court for copies of all documents submitted and of utmost importance is what the Particulars of Claim say.

[Rob M]

This I intend to do, ,

 

my initial actions are focusing on protecting my families things from HCEO .

 

Why won't they show me the writ ?

 

Why can the HCEO be so obtuse?

 

I have served 22 years in the Army and told him we will not talk to me like a piece of S@&T

and there is no way he can intimidate me,

 

however I don't want the coward to come back when only my wife and kids are in and bully them .

 

I will be countering this woman's claims and informing every department on the planet to expose what she has done .

[Rob M]

And apologies ,

 

I explained how this came about as it's not your normal defendant versus company,

 

I received a letter this morning with a copy of the judgement from Northampton court bulk from her solicitor

with only a note attached saying

" our client has indicated that seizure of goods is to proceed if the balance is not paid " .

 

Reading the statement from her is infuriating as she has lied on several points,

 

the very first being easily proved as a lie.

 

I can only assume because I didn't respond it was given in default .

[ploddertom]

Obviously we cannot comment on what has been said in the statement as that is something we have never been party to. However there are some concerns over this as have already been pointed out. If her intention was to deceive the authorities over a Benefit claim or as to what savings/money she had that have not been declared then in essence she has committed a criminal act. That in turn could include yourself as an accomplice and depending on what the solicitor knows, him/her as well.

 

To move forward you need to go back to Post 8.

[ploddertom]

This I intend to do, , my initial actions are focusing on protecting my families things from HCEO .

Why won't they show me the writ ? At present this is not imortant. Most of the details will be on the Form 55.

Why can the HCEO be so obtuse? This is symptomatic of how Marstons operate by being totally uncooperative.

I have served 22 years in the Army and told him we will not talk to me like a piece of S@&T and there is no way he can intimidate me, however I don't want the coward to come back when only my wife and kids are in and bully them .

I will be countering this woman's claims and informing every department on the planet to expose what she has done .

 

PT

[Rob M]

Thank you for your advice,

 

this is a mess ,

 

and I will apply for set aside and stay, then attempt to sort this out ,

 

as I said to Marstons bully boy,

I am not running away and

 

I understand that he probably hears many excuses

 

but I will not be railroaded into paying something that

 

A. I don't owe and

 

B. Is a farce.

 

He has been told he will never gain peaceful entry to my family home

and there is no way on this planet I can afford £1000 a month .

 

They have not responded to my I and E , or any correspondence sent to either Marstons or the HCEO,

 

I want to discuss the matter but they will not respond,

 

they sent a standard letter ( twice within 3 days) simply stating the are legally obliged to execute the warrant ,

 

and one stating that they cannot send or show me the writ and that the address is unimportant

 

as the can enforce at any address in found at .

[citizenB]

You need to first obtain any and all information in respect of the claim from the court.

 

You then need to make the application to set aside the default judgment, based on the fact that the claimant knew your address yet chose to have the papers delivered to a previous address.

 

You will then need to find all the statements whereby you transferred the money into her account from the time the money was put in your account.

 

If you dont have the statements, then you will need to Send a Subject Access to your own bank - this will cost you £10.00 and they have 40 calendar days to comply.

[wonkeydonkey]

Please concentrate on getting the stay in place,

 

you can give grounds to that as being a further application to set aside the judgment.

 

Once the stay is in place I suggest your next move is a letter to the solicitor,

 

advising you had no knowledge to this claim and due to having been denied the right to defend it

your intention is to apply to stay the writ and apply for set aside.

 

Your letter should request all the documents they hold in relation to this claim be forwarded.

 

I have also sent you a PM as I need to ask a couple of personal questions

that at this stage would be better answered off the forum.