Marston- Enforcement Order with no prior notice E.ON CCJ

[MeeBroke]

Been completely blindsided by something called an ‘enforcement order’ that just showed up at my door.

 

Quick backstory:

EON electricity doubled our monthly budget contribution in early 2012 for no reason.

I queried it with them (we have ALWAYS paid in full and on time).

They told me to stop paying and take this up with the Ombudsman- which we did immediately.

 

The Ombudsman carried out it’s investigations, which took an unbelievable 3 years- concluding in April 2015.

They found in Eon’s favour and by then we owed a couple thousand pounds.

 

I contacted Eon immediately to discuss things and they wanted me to pay the outstanding balance- I did not have the money.

 

They said that their collection dept would be in touch to sort out an affordable payment plan. We never heard anything.

 

Today I received an enforcement order from someone called Marston

- who claim to be acting on a court judgement against me

- although we have heard nothing whatseoever about any of this

and have been waiting for Eon’s collection dept to get in touch to set up a payment plan.

We have a perfect credit score etc

 

Am I being tricked?

What should I do?

[Bailiff Advice]

Been completely blindsided by something called an ‘enforcement order’ that just showed up at my door.

 

Quick backstory: EON electricity doubled our monthly budget contribution in early 2012 for no reason. I queried it with them (we have ALWAYS paid in full and on time). They told me to stop paying and take this up with the Ombudsman- which we did immediately. The Ombudsman carried out it’s investigations, which took an unbelievable 3 years- concluding in April 2015. They found in Eon’s favour and by then we owed a couple thousand pounds. I contacted Eon immediately to discuss things and they wanted me to pay the outstanding balance- I did not have the money. They said that their collection dept would be in touch to sort out an affordable payment plan. We never heard anything.

 

Today I received an enforcement order from someone called Marston- who claim to be acting on a court judgement against me- although we have heard nothing whatseoever about any of this and have been waiting for Eon’s collection dept to get in touch to set up a payment plan. We have a perfect credit score etc

 

Am I being tricked?

What should I do?

 

I will get one of the moderators to move your thread onto the main part of the bailiff forum.

[unclebulgaria67]

Been completely blindsided by something called an ‘enforcement order’ that just showed up at my door.

 

Quick backstory: EON electricity doubled our monthly budget contribution in early 2012 for no reason. I queried it with them (we have ALWAYS paid in full and on time). They told me to stop paying and take this up with the Ombudsman- which we did immediately. The Ombudsman carried out it’s investigations, which took an unbelievable 3 years- concluding in April 2015. They found in Eon’s favour and by then we owed a couple thousand pounds. I contacted Eon immediately to discuss things and they wanted me to pay the outstanding balance- I did not have the money. They said that their collection dept would be in touch to sort out an affordable payment plan. We never heard anything.

 

Today I received an enforcement order from someone called Marston- who claim to be acting on a court judgement against me- although we have heard nothing whatseoever about any of this and have been waiting for Eon’s collection dept to get in touch to set up a payment plan. We have a perfect credit score etc

 

Am I being tricked?

What should I do?

 

Not being tricked.

 

Looks like somehow EON have obtained a CCJ against you, without your knowledge.

 

If you have not moved address, there is no reason why court papers and letters from EIN have not reached you.

 

You need to contact the court that dealt with this and obtain the details. You might be able to apply to set aside the CCJ. If you moved address without advising EON, they were entitled to use your last known address and did not have to trace you to get the new address for court documents.

[MeeBroke]

I will get one of the moderators to move your thread onto the main part of the bailiff forum.

 

Thank you and apologies for posting in the wrong bit.

[MeeBroke]

Not being tricked.

 

Looks like somehow EON have obtained a CCJ against you, without your knowledge.

 

If you have not moved address, there is no reason why court papers and letters from EIN have not reached you.

 

You need to contact the court that dealt with this and obtain the details. You might be able to apply to set aside the CCJ. If you moved address without advising EON, they were entitled to use your last known address and did not have to trace you to get the new address for court documents.

 

We did move home a few months ago but have a standing redirect set up with Royal Mail?

[unclebulgaria67]

We did move home a few months ago but have a standing redirect set up with Royal Mail?

 

Marstons cannot break into your house, as this is a civil matter. But they can look to gain peaceful entry or look to seize assets outside such as a car. So you need to keep cars you own away from the house while any enforcement activity is going on.

 

If the notice they have issued is giving you notice of enforcement, saying that they will attend your house, if you don't make arrangements within 7 days, then you need to get hold of the court information and look to set aside the judgement. Your reasons for set aside is 1) not receiving any claim from the courts, even though you have Royal Mail redirection since moving recently 2) you have not received any bills from EON or letters requesting payment 3) EON advised in 2012 to stop paying them, promising a bill which was never received. ( something like that). Others might suggest a better wording.

 

The court that dealt with it, is likely to be Northampton bulk county court that deals with all internet applied claims and if you search you can find a telephone number. They will give you details of the judgement, where the court claim was sent to and when it was sent. You can the complete the set aside court form and submit this to your nearert County court with the fee due £155. If you are on benefits or low income you can claim exemption. I will provide a link in a miniute with the form.

[MeeBroke]

Marstons cannot break into your house, as this is a civil matter. But they can look to gain peaceful entry or look to seize assets outside such as a car. So you need to keep cars you own away from the house while any enforcement activity is going on.

 

If the notice they have issued is giving you notice of enforcement, saying that they will attend your house, if you don't make arrangements within 7 days, then you need to get hold of the court information and look to set aside the judgement. Your reasons for set aside is 1) not receiving any claim from the courts, even though you have Royal Mail redirection since moving recently 2) you have not received any bills from EON or letters requesting payment 3) EON advised in 2012 to stop paying them, promising a bill which was never received. ( something like that). Others might suggest a better wording.

 

The court that dealt with it, is likely to be Northampton bulk county court that deals with all internet applied claims and if you search you can find a telephone number. They will give you details of the judgement, where the court claim was sent to and when it was sent. You can the complete the set aside court form and submit this to your nearert County court with the fee due £155. If you are on benefits or low income you can claim exemption. I will provide a link in a miniute with the form.

 

OMG!

 

How did this happen? I just phoned Eon to try and pay the entire bill-but they won't take my money!

[brassnecked]

OMG!

 

How did this happen? I just phoned Eon to try and pay the entire bill-but they won't take my money!

They will refuse your money as they would then owe Marstons some fees, as they have sent it to the High Court for a writ to be executed by Marstons, that you will now have to pay unless you can set aside.

 

Do as UB suggests regarding keeping them out and hiding any cars. Bear in mind you cannot sell the cars as they are Bound by the writ, but if Marstons don't see them they can't take them. It would be a very bad idea to let them in to your home.

[unclebulgaria67]

They will refuse your money as they would then owe Marstons some fees, as they have sent it to the High Court for a writ to be executed by Marstons, that you will now have to pay unless you can set aside.

 

Do as UB suggests regarding keeping them out and hiding any cars. Bear in mind you cannot sell the cars as they are Bound by the writ, but if Marstons don't see them they can't take them. It would be a very bad idea to let them in to your home.

 

Is this High Court or still County Court ?

 

Think they will have to phone court or Marstons to find out.

 

Northampton details

 

https://www.justice.gov.uk/courts/northampton-business-centre/county-court-bulk-centre

[MeeBroke]

I cannot believe this is happening! The writ gives us until 28 Feb- so assuming I have until then to try and get someone to take my money?

[dx100uk]

so why have you not since 2012 been paying 'some' money to EON while you ran up your usage?

 

you cant expect to have energy for free for all this time.?

 

if you've no defence to the CCJ then there's little point in setting it aside.

 

tell us the full story please

[MeeBroke]

We switched suppliers whilst the case was with the Ombudsman for the three years

-so didn't 'run up' any further bill with Eon.

 

 

The majority of the time we were with Eon we were also in credit!

Never missed a payment with new supplier either!

 

I have loads of emails from Eon here discussing the outcome

- they were meant to contact us to set up a payment plan but never did.

 

The last email I have from them said they'd contact us.

We had a completely healthy relationship with them.

 

They've always had my current phone number and email address (they communicated only by email)

- but they have not been in touch whatsoever.

[dx100uk]

ok good that clarifies that one.

 

 

have you asked eon who got the ccj?

was it the debt collection dept?

they might be able to set it aside themselves at no cost to you

if you speak to them and query why it was sent to an old address.

 

left leg, right arm me think!

 

dx

[MeeBroke]

It's not clear

but Eon flatly refused to answer any of my questions or take my money.

 

 

The amount that Marston is requesting is £1000 more than the actual debt.

 

 

I could pay off the entire Eon debt today

but I am £1000 short for paying off the amount Marston is asking for.

[unclebulgaria67]

ok good that clarifies that one.

 

 

have you asked eon who got the ccj?

was it the debt collection debt?

they might be able to set it aside themselves at no cost to you

if you speak to them and query why it was sent to an old address.

 

 

left leg, right arm me think!

 

 

dx

 

Good suggestion to see if you can speak to someone at EON legal or complaints teams to get them to resolve this.

 

Do that first and see how you get on.

[unclebulgaria67]

It's not clear but Eon flatly refused to answer any of my questions or take my money. The amount that Marston is requesting is £1000 more than the actual debt. I could pay off the entire Eon debt today but I am £1000 short for paying off the amount Marston is asking for.

 

That is because of Marstons fees, plus the courts fees.

 

If you can get EON to see they have made a mistake here, you can get it resolved, just paying for the energy usage. But i don't envy you trying to get passed EON customer services to speak to anyone who will help achieve this.

 

If you have trouble with EON, can the Ombudsman who dealt with your complaint get someone senior at EON to deal with you.

[dx100uk]

if you've only been communicating by email

and did not inform them of your change of address

then sadly I cant see the set aside working.

other than by their consent and them doing it

 

 

plus as stated you'd need a defence for the debt itself too.

 

 

dx

[MeeBroke]

That is because of Marstons fees, plus the courts fees.

 

If you can get EON to see they have made a mistake here, you can get it resolved, just paying for the energy usage. But i don't envy you trying to get passed EON customer services to speak to anyone who will help achieve this.

 

If you have trouble with EON, can the Ombudsman who dealt with your complaint get someone senior at EON to deal with you.

 

Excellent suggestions. I have been given the phone number for Eon's Ombudsman's Relations Team just now by Eon.

 

 

Oddly, they responded instantly to my email today

- why didn't they just email before all of this!

 

 

rang through to this team at Eon and offered to pay the full amount.

They are ringing me back.

[MeeBroke]

if you've only been communicating by email

and did not inform them of your change of address

then sadly I cant see the set aside working.

other than by their consent and them doing it

 

plus as stated you'd need a defence for the debt itself too.

 

dx

 

I have no defence other than we had a completely 'live' and healthy dialogue for the three years of the investigtion.

 

 

They told me they would be in touch to arrange a payment plan

(they said this in the email that I have from them)

they also had my phone number-

but they never contacted me again before today.

 

 

Obviously Marston has no problems whatsoever finding me at my current address either.

[brassnecked]

I have no defence other than we had a completely 'live' and healthy dialogue for the three years of the investigtion. They told me they would be in touch to arrange a payment plan (they said this in the email that I have from them) they also had my phone number- but they never contacted me again before today. Obviously Marston has no problems whatsoever finding me at my current address either.

I suspect that due to the level of debt and the amount of fees they indeed did obtain a High Court Writ.

[unclebulgaria67]

Excellent suggestions. I have been given the phone number for Eon's Ombudsman's Relations Team just now by Eon. Oddly, they responded instantly to my email today- why didn't they just email before all of this! Anyway, rang through to this team at Eon and offered to pay the full amount. They are ringing me back.

 

Hopefully they will see their mistake and just let you pay what is due.

 

If this happens, make sure they call off Marstons and they do the necessary work to cancel court judgement and any writ they have. Ask for official written confirmation once this has been done. You want your record cleaned, so it does not affect you.

[brassnecked]

Hopefully they will see their mistake and just let you pay what is due.

 

If this happens, make sure they call off Marstons and they do the necessary work to cancel court judgement and any writ they have. Ask for official written confirmation once this has been done. You want your record cleaned, so it does not affect you.

 

I really hope they do see the big mistake they have made, but given the level of fees marston are asking for, Eon might be reluctant.

[MeeBroke]

Hopefully they will see their mistake and just let you pay what is due.

 

If this happens, make sure they call off Marstons and they do the necessary work to cancel court judgement and any writ they have. Ask for official written confirmation once this has been done. You want your record cleaned, so it does not affect you.

 

The Ombudsman Relations Team I was referred me to would not take this payment.

They instead gave me this telephone number 0300 123 1056.

 

 

I telephoned this number which is the Court Business Centre...and they said they did not know why Eon had given me this number, or why they wouldn't accept payment.

 

They gave me another number 0300 123 1056 which is actually a different court (Worcester).

 

 

I spoke to them and told them that I want to pay the full balance today and they said that Eon should be willing to take my payment.

 

This said it has gone to the High Court?!?!

[brassnecked]

The Ombudsman Relations Team I was referred me to would not take this payment. They instead gave me this telephone number 0300 123 1056. I telephoned this number which is the Court Business Centre...and they said they did not know why Eon had given me this number, or why they wouldn't accept payment.

 

They gave me another number 0300 123 1056 which is actually a different court (Worcester). I spoke to them and told them that I want to pay the full balance today and they said that Eon should be willing to take my payment.

 

This said it has gone to the High Court?!?!

 

Thought so,

that means if you have the proof of Eon's muppetry a set aside as suggested by UB might be an option,

as there is now a writ and associated fees, Eon would have to pay some or all of them to Marston which is why they won't accept payment.

 

 

Others may be of more help, will PM wonkeydonkey and ploddertom they are HCEO experts.

[unclebulgaria67]

The Ombudsman Relations Team I was referred me to would not take this payment. They instead gave me this telephone number 0300 123 1056. I telephoned this number which is the Court Business Centre...and they said they did not know why Eon had given me this number, or why they wouldn't accept payment.

 

They gave me another number 0300 123 1056 which is actually a different court (Worcester). I spoke to them and told them that I want to pay the full balance today and they said that Eon should be willing to take my payment.

 

This said it has gone to the High Court?!?!

 

Try to get EON's legal department or executive complaints telephone number from the Ombudsman Relations Team. They should have this.

 

EON are giving you the run around, because they can't be bothered to resolve this now, as it will cost them money. They would rather you pay for their apparent mistakes.

 

If you have to apply to the High Court to suspend the writ and do the set aside, it will cost you money in court fees, which you would have to pursue EON for.

 

Would Worcester be your nearest High Court ?