Marstons Notice of Enforcement help please

[adele31]

Hello

 

I need some help please

 

I worked for a company selling insurances back in 2011 in august 2014 i received a county court letter saying certain people had cancelled there insurance meaning they were clawing back the payment already made to me this was the first i knew about it, a cci was obtained in september 2014 and they have now issued me with a Notice of enforcement thru marstons

 

the enforcement is claiming the money i owe plus £90.00 for compliance stage it also say about enforcement details

 

high court writ of control based upon judgement obtained against you by ****** in september

 

 

Do they have the power to force there way into my home and remove goods now?

[ploddertom]

Simple answer - No. They have no automatic right of entry and it would be a seriously bad idea to let them in. You must be aware that they can remove anything of value they find outside - usually a motor vehicle.

 

Did you defend the action?

[adele31]

Simple answer - No. They have no automatic right of entry and it would be a seriously bad idea to let them in. You must be aware that they can remove anything of value they find outside - usually a motor vehicle.

 

Did you defend the action?

 

 

i was under the impression as they had a high court writ of control they could force entry or get the police to help them gain entry.

 

we do have vehicles outside one on hp and one belonging to my daughter her car she brought it for cash as it was cheap run around when she passed her test, can they take this? she has no ties with the person on the enforcement notice and she doesn't have the same surname, will this stop them taking it?

 

he is contacting them today to make an arrangement to pay as we don't want it getting added with ridiculous collection charges. lets hope they will allow this.

 

thanks

[ploddertom]

If you have a vehicle on HP then I suggest you get copies of the agreement as they will seize it. Whether it can be taken now depends upon how much "equity" you have in the vehicle - in reality depends on how many payments you have left to pay.

 

Does your daughter have a receipt for her vehicle or proof of payment? If not then she should really make a Statutory Declaration as to ownership.

 

As it is a residential premises there is no forced entry unless they have previously been allowed in. However if there are detached buildings on the premises - workshop, garage, greenhouse etc - then entry may be forced to these.

[adele31]

If you have a vehicle on HP then I suggest you get copies of the agreement as they will seize it. Whether it can be taken now depends upon how much "equity" you have in the vehicle - in reality depends on how many payments you have left to pay.

 

Does your daughter have a receipt for her vehicle or proof of payment? If not then she should really make a Statutory Declaration as to ownership.

 

As it is a residential premises there is no forced entry unless they have previously been allowed in. However if there are detached buildings on the premises - workshop, garage, greenhouse etc - then entry may be forced to these.

 

Thank you for taking the time to help me

 

My daughter has Reciept for her vehicle and a log book in her name.

 

The car on hp was only obtained in march of this year so he has only paid7 payments towards it and its on a 4 year term

 

the house has a garage attached to it which does have internal door to the house can they force entry into it?

 

he has called them today and even tho the letter says make payment plan they are saying they can only collect the full amount which he does not have. So they are saying maybe the agent that calls next week will set up a plan with you. He has called the company the money is owed to and we are waiting to hear back if they are willing to help.

 

The stuff in the house belongs to me as when we moved in i already had a property so had belongings where as he lived with his parents had noting, can i make a declaration under the Statutory Declarations Act 1835 All items contained within the property at the above address and within it's boundaries, are owned by Myslef? Would this help me from losing my belongings?

 

Also is it worth him applying to the court for an application for suspension of a warrant and/or variation of an order n245? so they can set up a payment plan or will that be wasting £50.00 in court fees??

 

thanks once again for any advice received

[ploddertom]

I'm busy this afternoon but will come back to you later.

[wonkeydonkey]

Thank you for taking the time to help me

 

My daughter has Reciept for her vehicle and a log book in her name.

 

The car on hp was only obtained in march of this year so he has only paid7 payments towards it and its on a 4 year term

 

 

the house has a garage attached to it which does have internal door to the house can they force entry into it?

 

he has called them today and even tho the letter says make payment plan they are saying they can only collect the full amount which he does not have. So they are saying maybe the agent that calls next week will set up a plan with you. He has called the company the money is owed to and we are waiting to hear back if they are willing to help.

 

The stuff in the house belongs to me as when we moved in i already had a property so had belongings where as he lived with his parents had noting, can i make a declaration under the Statutory Declarations Act 1835 All items contained within the property at the above address and within it's boundaries, are owned by Myslef? Would this help me from losing my belongings?

 

Also is it worth him applying to the court for an application for suspension of a warrant and/or variation of an order n

thanks once again for any advice received

 

I notice PT asked earlier if you had defended the action leading to the ccj? if you were unaware of the court case from the outset there is a possibility you could apply to have the Judgment (which would have been made by default) set aside. Other than that, you are in very safe hands with PT and I am sure he will get back to you with sound advice asap.

[adele31]

I'm busy this afternoon but will come back to you later.

 

 

i thought of a few things that you may need to know in order to maybe help

 

I just asked him some questions and apparently he filled in the form for acknowledgement of service saying he would file a defence but never did ( buried his head as normal)

 

on the forms he was noted by his name but trading as his old company name, which no longer exists as he stopped sub contracting thru them as the market went downhill with recession and the money wasn't there.

 

because it was a business trading from a domestic property does this mean they can force entry?

 

He has spoke with several people today and marstons have told him off for contacting there client direct and under no circumstance should he do that again, they said they will not agree to a payment plan till they have been in the property to make sure we are not hiding a bentley (i wish). There is no way i will let them in. so there just going to be adding more money all the time.

 

Im so angry with him for hiding stuff from me its really pushing our relationship. I feel like kicking him out!

[lookinforinfo]

Adele, you do need to prevent the EA from paying you a visit as that will increase their fees by more than £200!. This may be a ploy of theirs to refuse your offer

and then come out to you with a view to seizing goods which has the additional effect of course of costing you more money. If you don't let them in, then they can't

seize control of your goods but they can still charge the full amount which seems very unfair. When you make an offer, it is my understanding that the EA should

refer the offer back to the creditor rather than turn it down straight away unless the offer is very low. I am sure PT will give you his usual excellent advice on

his return to your thread but this is just to make you aware that you really do need to avoid the EA paying you a visit if you can.

 

On another matter, I am slightly at a loss as to how you managed to run up such a high debt that merited the use of the High Court. The policy cancellations would

surely have been incurred while you were still working there and most policies usually pay out to the agent in the low hundreds if that, depending of course on the

type of policy involved. Is there any mileage in looking at how the costs arose before the case went to the High Court?

[adele31]

he has tried all ways of making an offer of payment even there letter says make an arrangement by a certain date and time but there saying client is demanding full payment or seize his goods.(they haven't contacted the client to advise his offer.) He has spoken to the original client again and they are awaiting the return of head of finance on tuesday as it will be her decision. They say they won't accept an arrangement over the phone we will need to discuss it with the ea that attends and it will be up to him. Ive looked into other options for him and as they are not willing to accept his offer maybe declare himself bankrupt! he has no assets and a few other debts but at least it would be put to an official receiver to evaluate it and agree he hasn't got the income to pay them anything.

 

the policies he sold on varied from 4year -10 year terms he only left at the end of 2011, basically people are all looking to cut back on there bills the first thing they cancel are life insurance and critical illness insurance mortgage payment insurance, which all paid high procuration fees. we owe them £1600 which could be a matter of 3 cases.

[ploddertom]

 

On another matter, I am slightly at a loss as to how you managed to run up such a high debt that merited the use of the High Court. The policy cancellations would

surely have been incurred while you were still working there and most policies usually pay out to the agent in the low hundreds if that, depending of course on the

type of policy involved. Is there any mileage in looking at how the costs arose before the case went to the High Court?

 

 

As said in Post 1 the OP received a CCJ, if this is for more than £600 then it can be transferred up for enforcement.

[ploddertom]

What status did he trade under - Sole Trader, Partnership or Ltd Co?

[adele31]

What status did he trade under - Sole Trader, Partnership or Ltd Co?

 

 

 

Sole trader

[adele31]

Hi

 

Im trying to fill in form n244 for a stay of execution but not sure what i should write in box

 

No3 what order are you making?

no4 have you attached a draft of the order?

No 5 how to deal with application, the court i have to apply to is along way from my house so can i ask without a hearing?

No8 what level of judge?

no 9 who should be served with this application

no 10 what info will you be relying on to support your application?

 

Im finding this really stressful, spoke to marstons myself today as i really want to resolve this but they were so rude told me they have high court writ and can force entry then put the phone down.

 

can anyone help with the above please?

[ploddertom]

Go to top of page - look under Notifications and you should have a PM from me.

 

As have said previously this is for a residential property - they cannot force entry unless entry previously.

[adele31]

Update

 

Been granted an Interim Stay pending a further Hearing

 

 

informed marstons but they say they can still come to my property until the hearing, i believe that is wrong!

 

so what do i do if they come to the property in the mean time? as i don't want them trying to take my daughters car

[brassnecked]

Update

 

Been granted an Interim Stay pending a further Hearing

 

 

informed marstons but they say they can still come to my property until the hearing, i believe that is wrong!

 

so what do i do if they come to the property in the mean time? as i don't want them trying to take my daughters car

 

A Stay interim or any other is a STAY, it does what it says it Stays the enforcement so Marstons are being a little naughty imho, but I think ploddertom can give the definitive on this.

[ploddertom]

A Stay interim or any other is a STAY, it does what it says it Stays the enforcement so Marstons are being a little naughty imho, but I think ploddertom can give the definitive on this.

 

The quote from the Judge is to Stay the Writ of Control & Enforcement. I imagine Marstons are going along the route of we'll still try & intimidate regardless, of course there is a further Hearing to decide and it is this type of action by the Office staff + them being insistent they can force entry to a Residential property that will of course be brought up. It would be interesting of course if the Judge ordered them to attend to explain themselves.

 

In the meantime I have advised the OP to put all in writing - email - to Marstons advising them of the terms that were made & if they do attend then the Court will be notified without recourse.

[brassnecked]

Hopefully they will leave OP alone now, if they do turn up the police could be called to remove them, as their authority to attend is stayed.