Marston group high court writ

[panda2]

Hello all,

 

I can't quite believe this forum and site exists with such great advice and information!! well done to all involved.

 

Now on to my problem (amounts slightly varied to keep anonymity)

 

I was lent £20,000 from an ex employer who also happened to be my boyfriend at the times family business (big mistake)

 

It was lent on the basis I would repay it when I could. Interest would not be charged.

 

some unfortunate events happened and I had to stop working for them.

I offered 3 dates when I would return the money in instalment.

The first date I kept and paid them the £10,000 as promised.

 

Unfortunately relations with them went down hill and I had stored around £10,000 worth of goods at their home.

They were not being forth coming with returning my items or even allowing me to pick them up.

I wasn't sure and still am not if my items still exist.

And so I decided i would offer the second installment in person at their home so I could pick up my belongings.

 

I sent over 20 emails offering dates saying I would happily give them the cheque.

I heard nothing back.

 

Sadly a few months later I became ill and have been signed off work for 6 months and been away from my home recovering.

 

Unbeknown to me during this time they had sent one email to my sister asking for my address in which my sister responded

saying she couldn't give out my location as I was very ill and she didn't feel it was ok to raise this subject with me.

 

Forward 5 months when I return to my home in England and I have a ccj issued against me and I have x amount of days to pay.

 

I sent a letter straight away to their lawyer stating I had been ill and I would have responded if I had received the letters.

They responded saying I had 15 days to reply.

 

3 days later I sent an offer letter to their lawyers along with doctors notes to prove I was sick.

 

I am currently waiting for their response. But I am very very worried because

 

A. I have a ccj against my name and I would really be grateful of any advice setting this aside?

Can I do it on the basis I never received it because of my illness?

 

B. I am on the understanding I only had 28 days after the ccj was issued to come to an agreement or they could go to court to issue baliffs etc? It is day 25 today!

 

ANY HELP so much appreciated.

 

Very stressed and trying to remain calm so I don't get sick again!

 

Kind Regards x

[dx100uk]

if the CCJ was taken out whilst you were OUT OF THE COUNTRY

 

and you have PROOF [ticket credit card receipt etc]

 

you can file to get the CCJ set aside.

 

dx

[panda2]

Hi there. Yes I was out of the county. Still in UK but Scotland rather than England, where the CCJ was issued.

[panda2]

Can the CCJ be set aside later, for example if they agree the offer I have sent them? Then I may have more of a chance of their confirmation that they wont dispute it?

[steampowered]

Try to stay calm - at the end of the day it is only money and not worth making yourself ill over.

 

1) If you did not receive the papers due to illness you might have a chance of getting the CCJ set aside. This would require an application to court (form N244).

2) Technically they are entitled to send the debt to bailiffs immediately, but they are not likely to incur the costs of this while you are negotiating.

3) The 28 day thing is a reference to credit records. If the CCJ is paid in 28 days it will be removed from your credit record, otherwise unless set aside it will stay on there for 6 years (though it will be marked satisfied when paid).

4) It is a requirement that set aside applications must be made promptly. If they agree to the offer you have sent them quickly, they may agree not to contest a set aside application. If this can't be sorted out quickly and you want to go for a set aside, you will need to get on and make the application ASAP regardless of where things stand with the negotiations.

[panda2]

THank you Steampowered. I called their lawyer today who told me they hadn't heard from their client yet but was due to chase them tomorrow! So we will see what they say.

 

I suppose in the mean time I should get the set aside forms and everything ready to send over the next few days incase they agree or in case they don't!

 

Just such an unnecessary hassle because I was ill... oh well! What will be will be hopefully they will agree the offer as it was pretty substantial *fingers crossed*

[steampowered]

Yes, it is sensible to get the forms together ASAP. This has been done many times before on CAG so try doing a search through the forums and let us know if you have queries.

[panda2]

Hi all,

 

in 2013 I was ill and left my home to stay elsewhere for a year.

During this time an ex partner had a ccj issued in my name for over £9000.

 

When I got back to the property it was too late to do anything as the CCJ was issued.

I did not dispute the debt but would have saved fees etc had I received the notice.

 

I agreed a payment option of £2000 upfront and £101 per month until debt paid.

 

However, I stopped paying in 2015 (silly me).

 

Fast forward until December 2016 and I get a text from Marston group who I call and they say they have a high court writ and are instructed to retrieve funds.

They said they had already visited previous property that CCJ was issued to.

 

 

I did notify lawyer of claimant about change of address (to scotland) and they sent me letters there,

I have these as proof they knew of new address but sent high curt writ to old one so obviously again i didn't receive notice.

 

The final debt marston has invoiced for was over £14k including interest and fees.

All based on the full amount of the cci and not taking into account the over £4000 I have actually paid.

 

I have now paid Marston near £5000 with a further £4000 due next month, which i could do without paying as you can imagine.

 

I have spoken to the court cci was issued and they said speak to claimant.

I have sent emails to their lawyer awaiting response 2 weeks after.

(an ex so not a great situation for negotiation)

 

What do I do?

I obviously do not want to pay the same debt twice,

I also don't want to go back on agreeing to pay marston £4000 later this month as I am worried what they would do.

But if my calculations are correct the full amount i should owe now is actually less than the next payment due.

 

Help!

 

Thank you

[ploddertom]

Are you saying you now live in Scotland?

[panda2]

yes thats right xx

[brassnecked]

Was CCJ in England?

[panda2]

Yes x

[ploddertom]

The good news is that Marstons have no jurisdiction in Scotland so are powerless to do anything apart from ask nicely. The bad news is that the Writ?CCj can be transferred through the Scottish Courts for Sheriffs Officers to attend.

[ploddertom]

It would also appear to me that your Claimant is being economical with the payments they have received and have not notified Marstons.

[panda2]

thank you!

 

Great info! I am not trying to avoid paying.. i would rather get it out of the way but what i need help with is the fact that i have already paid a large portion of it to the claimant direct but marstons are invoicing for full amount (thats what is on the writ although i haven't seen that)

 

I have emailed the 'lawyers' dealing with claimant - thomas higgins partnership, looks like they are a 'web based' and don't like responding to emails and phone calls go to a dead line asking you to email.

 

Can i get help elsewhere?

 

I am happy to pay what i am due but out of the 14k i have paid nearly 5k previously.. SOS HELP x

[panda2]

Hi all,

 

I am wondering what the protocol is for challenging an enforcement fee?

 

Marston group are charging me nearly £2000 on a debt of £12,000.

 

I thought the maximum they could charge on a high court writ was

compliance £75

1st stage £190 + 7.5%

2nd stage £495

 

It should be about £1600 but the invoice says £2000

 

Thank you x

[ploddertom]

Prior to April 2014 all enforcement was under the old rules, what you have listed are the new fees. Have you asked for a breakdown of the fees charged to date?

[panda2]

ahhhh ok got it! I have just emailed and asked. No word yet!

 

Would love some advice on how to deal with MArstons claiming for the wrong amount - what can i do to get the claimant to amend it?

[ploddertom]

The Claimant engages Marstons and should provide them with details of the CCJ, any amounts paid & some personal info like addresses etc.

 

 

The paperwork you are left should list the CCj amount, costs of Execution, other costs and providing the Claimant has told them the amount you have paid.

 

 

Marstons for their part should also list some of the fees they have charged at that particular time.

 

 

So as you can see Marstons have actually done nothing wrong but have acted on the instructions given.

 

 

Therefore you must badger the Claimant to instruct Marstons of what payments you made to them prior to the Writ being obtained.

 

 

Do you also know if the Writ has been renewed every 12 months since?

[panda2]

Hi thank you for info.

 

yes you are right Marston are simply acting on the info from claimant.

 

I have now sent 3 emails to claimants representation with no response so i will be calling them again first thing.

 

I regards to the Writ being renewed. How would I find that out?

 

As far as I am aware i had the ccj issued in August 2013 and then they went to high court and that was issued in November!

 

Because i didn't receive any correspondence as they sent to wrong address. even though they were notified of change of address. I obviously didn't get a chance to pay before enforcement fees (£2k) were added is there anyway i can argue this?

 

thanks again!

P

[panda2]

**Update**

 

I have spoken to Marston who said they can not send me copy of Writ? But read it out to me... There is no mention of interest on the Writ! Are they allowed to add it? Because on my invoice from martins it is over £2000

 

I spoke to lawyer acting for claimant who said they sent details to marstons with payments already made previously, spoke again with Marstons who said they haven't got the confirmation.. hmm..

 

Anyway, in the mean time I would love to know

A) Can I send payment direct to claimant and cut out marstons? what happens to money i have paid them so far?

B) Are they allowed to just add interest on? The writ states X so that is the amount I owe right?

C) considering an N245 or N244 to stay the writ and offer a payment schedule? good idea?

 

Confused!

[ploddertom]

A) Yes \you can but Claimant is also obliged to forward any direct payments to Marstons, otherwise they can be held responsible for their fees. I assume you ask about the monies paid prior to Marstons being involved and that is the Claimants responsibility to let them know. I assume you have proof of all payments made in this manner - bank statements etc.

 

B) Yes they can add interest and it is usually added on a daily basis at whatever rate is stated on the Writ. The amount you owe will always vary slightly dependent on interest & what payments you make.

 

C) Certainly is and in your case you may be successful with a Stay given the confusion over payments made as it appears you are then being overcharged. if granted it halts all further enforcement action & charges. Whether living in Scotland allows you to do this I am not quite sure as you may have to do this through the Scottish Courts.

 

Probably too late for today but on Monday it will be worth ring the Royal Courts of Justice in London and speaking to the Enforcement Section who should be able to tell you also if the Writ is still Live. 020 7947 772