Unknown Marlin/restons CCJ re M+S Crredit card - Now Court Bailiff warrant of control

[bs0lth]

Hi,

 

It's been a long time since I needed to come onto this site but it looks like I'm back again.

I need help but really don't know if helps going to be possible now.

 

Ok here is what's going on so far.

background info

 

For the last five weeks I have been at my mums house,

I'm diagnosed with bipolar and things have been pretty bad.

 

 

I've been back and forwards to the doctor to get help,

their mental health clinic and 9 days ago things hit critical mass

and the doctor called in the mental health crisis team

who have been visiting me daily and will be for the foreseeable future.

 

I live alone and after a massive problem with new meds given to me by the doctor I moved back to mums for my safety.

 

I'm on yet another set of meds that at least has started to let me focus on things hence being back on here for help.

 

My problem

 

Arriving home I have found two letters, the first a notice of issue of warrant of control.

Dated 15th March 2016.

It states that I owe Marlin Europe I £804.

To be paid by the 29th March 2016.

Posted on the 18th March.

 

The second letter was hand delivered

I have no idea when and this is a notice of first visit,

 

 

talking to neighbours there was somebody at my door earlier today but the date on the letter is the 1/4/2016.

 

 

My daughter went to check the house on Saturday and said she didn't see any mail

so I don't think it was delivered on Friday of Saturday.

 

The letter also stated I have until 10am on the 6th of April to pay the amount owed.

 

Now the bit I need help with

 

I haven't to my knowledge had anything to do with Marlin Europe,

I have no idea who they are,

I also have no idea when all of this was started and have had no paperwork from the courts.

I have been through everything I've received since Christmas to check to make sure I haven't missed anything.

 

I really don't know if I have any options or do I just roll over accept it

and try to come to some agreement with them,

but since my income is esa at the moment they can't have a lot.

 

I would be very grateful for any help, this has come out of the blue

[dx100uk]

so marlin got a CCJ on what?

did you know about it?

 

and have passed it to HCEO?

whos the HCEO?

[ploddertom]

You need to check your Credit File to see how much this was for & when the CCJ was made. Who is the letter about the warrant of Control from - I suspect it will be the County Court Bailiff.

[Bailiff Advice]

If you could post back to let us know the name of the company who left the hand delivered letter that would greatly assist.

 

The 2nd letter (the hand delivered one) does it have the same amount (£804?)

[bs0lth]

If you could post back to let us know the name of the company who left the hand delivered letter that would greatly assist.

 

The 2nd letter (the hand delivered one) does it have the same amount (£804?)

 

Hi sorry for the delay getting back to you, my meds are kicking back and I slept, which is a good thing trust me

 

The amount on both letters is the same £804

 

The name on the letter is him courts and tribunals service

 

 

No I didn't know about the Ccj and it looks like it's to Marlin who ever they are

[ploddertom]

Marlin will have bought a debt from someone - who you may have owed money to. They will more than likely have gained the CCJ by Default possibly from an old address. It may even be that it is not you but someone else who has a similar name.

 

You are going to have to try and find out who the original lender was.

 

The letter will be from the County Court Bailiff and it is in your interests to get in touch with them to inform them you are trying to find further details. You should also apprise him of your health issues.

[bs0lth]

Ok so I need to find out who the debt was to originally, how do I go about that do I need to write to Marlin or the bailiffs, I really don't want them turning up at my mams house though.

 

I can also let them know about my health issues, do I ask the crisis team for proof I'm being treated by them...

 

I'm really sorry to sound dumb here, but it's going to take a little while to get my head into this game, I will get it there just need pointing in the right directiom

[ploddertom]

Phone call to Marlin may be the quickest way & ask what address everything was sent to. They do not need to know about your health as they would only use it to heap pressure on you. It is once you know what you are dealing with as to which direction you need to take - it isn't worth speculating on what should or should not be done until then.

 

The Bailiff is acting on instructions he has been given but the County Court Bailiff is generally easier to get on with than most others we see here. He is a directly salaried employee by HMCTS and does not have to rely on commissions to make a living. Be prepared for him being very firm and if it gets out of hand it would certainly pay to get someone from your crisis team to speak on your behalf - just ensure you do not let yourself be dragged down by this.

 

There is generally someone around on these forums most of the time and messages can be sent to others if you need further help & advice.

[dx100uk]

or go get your credit file

from noddle or clearscore

get the number of the CCJ

and ring northants bulk court

 

 

and ask what the CCJ was about.

[bs0lth]

Ok, so my best bet it talking to the bailiff tomorrow, calling Marlin, which I still gave no idea who they are,

 

Would it be worth asking the bailiff for copies of the paperwork, would they be able to help me out.

 

I'm sure somebody from the crisis team will help. They are great but at the moment everything is being focused on getting me stable and watching for reactions on new meds.

 

I need to deal with this I know, but my heads all over the place.

 

Thanks for your help so far, it's giving me some where to start

 

Ok dx100uk I will also do that will this be the creditors ref on the notice of issue?

 

I have tried to upload pictures but having problems so you can see the letters

 

On thing it says on the visit by bailiff is my name or occupier

 

Is this right?

[dx100uk]

can you go and get your credit file?

unless you know the CCJ number ?

 

 

marlin are a DCA/debt buyer

they have bought one of your old

card/phone/loan/cataloguedebt

and taken you to court

using an old address

 

 

I take it you've moved in recent years

and never updated your 'creditors'

 

 

dx

[bs0lth]

It dx100uk

 

I was forced to move a couple of years ago when my fight to keep my house was lost. I thought that I had informed everyone bug obviously this was not the case. Stupid thing is is that the debt if there is one should be statutory barred, it got to be way over 10 years old.

 

I will look at credit score but I am going yo have to get my head round doing that.

 

I will update you tomorrow

 

Thanks again for your help

[Bailiff Advice]

Hi sorry for the delay getting back to you, my meds are kicking back and I slept, which is a good thing trust me

 

The amount on both letters is the same £804

 

The name on the letter is him courts and tribunals service

 

So the debt is still with the court and not with a private sector enforcement agency.

 

The hand delivered letter should provide contact details of the court bailiff. It may be wise to call the court office to advise that you have received two letters and that you are making enquiries about the judgment as you had moved address etc and that you will be in touch with the bailiff in a day or so.

[bs0lth]

So the debt is still with the court and not with a private sector enforcement agency.

 

The hand delivered letter should provide contact details of the court bailiff. It may be wise to call the court office to advise that you have received two letters and that you are making enquiries about the judgment as you had moved address etc and that you will be in touch with the bailiff in a day or so.

 

 

Hi,

 

I have been on the phone to the bailiff, he has been very enlightening and has given me further information.

 

The debt is for an old marks and spencer card that was bought by Marlins. He said they have had loads come through recently that are more than ten years old and I need to talk to the solicitors about it.

 

The solicitors are Rentsons and he gave me the phone numbers.

 

He said that if I knew nothing about it which I didn't, then to call them and ask them to provide me with the information on the case and ask them to suspend the warrant. Also to get my crisis team to talk to them and explain they are caring for me, and that alone should suspend the warrant until I'm in a better state of mind to deal with it.

 

If they are not going to do either or are uncooperative to call back and he will contact them.

 

Also, once I have the paperwork from them and I dispute the debt then start proceeds to have the judgement set aside, either way he would try to help.

 

So, I will give them a ring when I meet with my crisis team later this afternoon and ask them to confirm that they are caring for me.

[dx100uk]

gp ring M&S

ask last payment date

then if it is statute barred

then an easy set a side

but that will cost £155 or poss £255 [ I know the prices are going up soon or have?]

 

 

though

it could pay you to ring restons

tell them this and see if they will remove the CCJ by consent so's it will cost you nowt

 

 

whatever you do.

if the debt IS SB'd , do NOT agree to pay them ANYTHING!

 

 

restons WILL try and fleece you

or confuse you

 

 

dx

[bs0lth]

Dx

 

I've just been on the phone to rentsons, the information is enlightening....

 

First they have agreed to put a hold on the warrant for 30 days while I look into this, they are sending me out the information they have...

 

The file from Marlins was sent to them 10/11/2015

 

The balance was £580

 

The last credit on the account was 17/2/2009

 

It was an old marks and spencer account.

 

So is it statute barred?

 

I haven't agreed to anything st all..

 

It will cost £255 now costs went up April first

[AndyOrch]

It wont cost you if you are out of work or low income....you may be exempt.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-Court-Fees-are-you-exempt.-**Correct-as-at-Sept-2015**

 

Regards

 

Andy

[brassnecked]

It was Statute Barred February 2015, if you are not working or working and in receipt of certain benefits then you could claim exemption from the fees using Form EX160, for Stay and set aside, the reason for Set Aside is the debt was Statute Barred when the default CCJ was obtained. Other Caggers can expand on the advice and improve it.

[doggone it]

Before going ahead on your own I would be asking Restons to all the donkey work especially if you tell them you will be asking for costs in getting it done yourself. No need to tell them you may qualify for exemption.

[Bailiff Advice]

It wont cost you if you are out of work or low income....you may be exempt.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-Court-Fees-are-you-exempt.-**Correct-as-at-Sept-2015**

 

Regards

 

Andy

 

Andy,

 

The above link has the outdated EX160 information guide. The following link is to the new guide that was released by MOJ two weeks ago:

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/508766/ex160a-eng-20160212.pdf

[AndyOrch]

Thanks BA Library updated

[bs0lth]

Hi all thanks so much for your replies it means so much to me that your willing to help.

 

Ok, I did say to the guy at rentsons that is that debt not statue barred then if the last payment date was 2009, and his reply was well we wouldn't have taken the action to recover if it was...

 

I'm in receipt of income based sea which means I should be exempt from the charges, I can't believe how much they have gone up by, is this to put off the small time claimer and free up the courts time?

 

I've got my work cut out here, my heads cabbaged at the moment, stress new meds and trying to think and concentrate long enough is doing my head in...

 

However, if I need to get it set aside I will, I can't concentrate tonight, so will try reading the guides tomorrow, it will at least probe rely sink in.

 

Sigh

 

Thanks again, if any more helps out there p,ease keep it coming

[AndyOrch]

Just post here bs0lth when you are ready to complete the N244 application to set a side and if you require help filling the fee exemption form...but don't leave it too long as part of the deciding factor in allowing a set a side is making the application promptly.

 

Regards

 

Andy

[bs0lth]

Hi Andy.

 

Thanks for that, the warrant had been stopped for 30 days, however, I'm still trying to get my condition stable. I'm currently being visited once a day by a crisis team who are monitoring me and the meds I'm on. It's not quite as easy as saying you need to be quick, when I'm drugged up to the eyeballs

 

I will try to sort out reading tomorrow and a defence over the next couple of days, when I can think in a straight line and not get distracted , and everything is a distraction these days....

 

Thanks though, your comments taken on board

[AndyOrch]

Well we already have your defence ready...the standard statute barred defence...the N244 is a just a few tick boxes and the reason you wish to set a side......but take it easy for now and return when your ready