marston Marstons Bailiffs involved by Anglian Water

[BornThisWay]

Marstons, acting with a High Court writ, have amassed over £500 of additional costs on top of the bill for £1,300

(water I never used, faulty meter no doubt but I can't prove it).

 

I have simply been unable to pay - about 8 eviction attempts over the last few years from hideous rip off mortgage lenders

and since all my money went to clear those arrears, now an Attachment of Earnings for Council Tax as they want their money now.

 

I have absolutely nothing of any value and I have emailed Marstons to tell them that. No car, 14" TV that I bought secondhand for £25, no iphone, no sound system, no jewellery. Nothing.

 

They have been once (neighbour says a guy knocked on the door) and that cost me £295 more.

 

Should I just let them in to see that I have nothing?

Otherwise every time they come back it will presumably be another £300.

 

I am happy to pay a little, but simply cannot afford more.

 

AW refuse to take the debt back.

 

So they are giving money to Marstons which they could have had.

 

Makes absolutely no sense whatsoever to me. And as a woman alone the whole process is terrifying.

[unclebulgaria67]

I think a stay of execution would be the best way.

 

 

Show to a court what you can afford to pay and let them set the amount.

 

Call national debtline and they will explain.

 

 

https://www.nationaldebtline.org/EW/factsheets/Pages/31%20EW%20High%20Court%20enforcement/Page-05.aspx

[BornThisWay]

Thanks.

 

 

Are those charges for real??? £295 for knocking on the door and poking a piece of paper through?

 

 

Do you have any idea how many times they are allowed to do that?

 

 

How on earth is this allowed to go on in a civilised country???

[wonkeydonkey]

Stay of execution on N244 is a priority,

 

 

it needs to be taken in person to your local county court if they are a district registry to the High Court,

 

 

if not you will need to get it to the issuing Court.

 

 

Your grounds would be you cannot afford the debt or the associated fee's and you have made a further application for a variation in payment.

 

 

If you take the N244 in person you can explain the urgency,

 

 

it is often a case there is a 'spare' Judge who can address your application there and then,

 

 

failing that once the Court have stamped it you can ask for a copy and send it to Marstons,

they should then retire from further enforcement until the order is decided.

 

With your N245 you will need to complete a common financial statement to back up your proposal to pay what is affordable to you..

[honeybee13]

Hello BTW.

 

I've started a new thread for you so that the advice given doesn't get mixed up with the advice for the person who started the thread you posted on. Please continue to post here.

 

HB

[GrumpyToSayTheLeast]

If 295 was charged on the first visit, then £594 will be charged on the second. Third visit fee is £490+vat + 7.5% of the debt.

 

Out of interest, isn't this a consumer debt? Consumer debts chased by high court? Allowed?

[BornThisWay]

I don't know if it is allowed.

 

 

AW are horrible people so I don't suppose it would bother them.

 

 

So is the outcome of this that Marstons can charge me about £500 a visit for as long as they like?

 

 

I can remember a thread on here where someone said they lost their house because of Anglian Water. I can begin to see why!

[thumbtack]

If 295 was charged on the first visit, then £594 will be charged on the second. Third visit fee is £490+vat + 7.5% of the debt.

 

Out of interest, isn't this a consumer debt? Consumer debts chased by high court? Allowed?

 

Where did you pluck those figures from?

[GrumpyToSayTheLeast]

Where did you pluck those figures from?

 

Why do you say plucked?

 

Set figures for high court warrants. They are different to council tax and magi warrants.

[GrumpyToSayTheLeast]

Where did you pluck those figures from?

 

http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/bailiffs_e/bailiffs__fees_and_charges_e/fees_bailiffs_can_charge_e.htm

 

"plucked" from the above.

[Bailiff Advice]

Here as well:

 

http://www.legislation.gov.uk/uksi/2014/1/schedule/made?view=plain

 

 

PS: It needs to also be stressed that if a payment proposal is outlined to the HCEO on receipt of the Notice of Enforcement then the enforcement company may only accept the proposal on condition that a visit is made the the debtors property on behalf of the creditor to get a Controlled Goods Agreement signed. This provision does confuse people but unless full payment is made then the HCEO is under a duty to the creditor to 'secure goods'.

 

The visit will incur a fee of £190. For the avoidance of doubt...any person wanting to repay a judgment that has been transferred to the High Court for enforcement by monthly payment will always incur the First Stage Enforcement fee of £190.

[thumbtack]

Why are relying on CAB? I thought you were a bailiff?

 

Anyway, without VAT, £1300 debt;

 

1st visit = £190 + 7.5% of £300 (£22.50), total £212.50

2nd visit = £495, nothing more can be added

Removal/sale stage = £525 + £22.50, total £547.50

 

Not sure where your figures come into it.

[GrumpyToSayTheLeast]

Why are relying on CAB? I thought you were a bailiff?

 

 

 

Anyway, without VAT, £1300 debt;

 

 

 

1st visit = £190 + 7.5% of £300 (£22.50), total £212.50

 

2nd visit = £495, nothing more can be added

 

Removal/sale stage = £525 + £22.50, total £547.50

 

 

 

Not sure where your figures come into it.

 

Sigh

 

+Vat

[thumbtack]

If they're VAT registered.

[GrumpyToSayTheLeast]

Easiest to link to at that time. Thats why I picked cab.

[GrumpyToSayTheLeast]

Oh god. Ok thumbtack.

[thumbtack]

Anyway, the creditor is technically the one liable for any VAT, as the bailiff is providing a service for them, not the debtor. The creditor is free to reclaim the VAT.

[wonkeydonkey]

Anyway, the creditor is technically the one liable for any VAT, as the bailiff is providing a service for them, not the debtor. The creditor is free to reclaim the VAT.

 

So the next time I buy a Mars Bar I must remember to tell the shopkeeper I am entitled to 20% discount as I won't pay for him to provide me with his services...... really?? .......'come fly with me' is playing on the radio in the background

[ploddertom]

This may explain things

[thumbtack]

So the next time I buy a Mars Bar I must remember to tell the shopkeepet I am entitled to 20% discount as I won't pay for him to provide me with his services.

 

Erm, no because you have paid for a product.

[BornThisWay]

Sorry to be pedantic but if the bailiff comes back and charges me another £300 for the privilege and I let him in to see there is absolutely nothing of any value, is that the end of it from his perspective? On the basis that he cannot take what I haven't got?

 

 

What happens to the unbelievably huge sum I then owe the bailiffs, as presumably they would send the debt back to Anglian Water?

 

 

Oh and would the fact I had let him in once mean that for the remainder of his or my life, whichever is the longer, he has the right to enter my house whenever he feels like it???

[thumbtack]

NEVER let them in - if you do next time they visit they can force entry.

[ploddertom]

If the baillif sends the debt back to the Creditor as "uncollectable"

and no goods of value that can be seized to satisfy the debt

then all fees charged will be removed.

 

 

However that does not stop the Creditor engaging another HCEO and the whole process starts again

or they may take other forms of enforcement such as making you appear in Court to explain why you have not paid,

a Charging Order on your home

- if you own it

- plus any other action that is available to them.

[BornThisWay]

Thanks everyone. I have offered AW a charge on my home but they don't want it because they say they need to go through other procedures first.

 

 

I have told them I have nothing for the bailiff to take. Although I have a reasonable house that is all I have and the bailiff, if he takes notes, will have seen that it is in desperate need of repair as I have not had the money available for its upkeep.

 

 

I intend to sell it within the next few years and hoped AW would be prepared to wait, albeit adding interest.

 

 

But they have their procedures and want to do this first. Seems daft but I suppose they will not take my word for the fact I have nothing.

[GrumpyToSayTheLeast]

If you have nothing to take, then i would not worry as what you dont have, the EA cant take.

As long as you dont have a car outside and dont let them in,

eventually they will return it to the client. usually after 2 or 3 visits if it can be seen you have nothing.

 

I would try sending the water comapny proof of being a single parent, single carer, unemployed etc etc

(im not saying you are any of the above) in the hopes they bring it back in house either for a charge if you have equity or for a small repayment schedule.