Marston High Court Help

[ukr-nffc]

Hi all,

 

I need some help/advice.

 

The last of my debts is a (technical) overpayment of wages from Sept last year.

 

Basically, I took too much paid holiday before leaving so my final payslip was what I actually owed them.

 

At the time I had a really bad hand injury (required surgery and lengthy rehab - I nearly cut my thumb off)

 

Admittedly, I buried my head in the sand and ignored letters about the debt.

 

In the end, my prev employer obtained a HC writ for the debt, plus associated costs.

 

It's taken until now for my to reach this first stage with Marston and I received a Notice of enforcement letter last week.

 

The letter says I need to pay the balance (£1000ish) by Dec 10th or agree a payment arrangement.

 

I rang Marston to offer a payment arrangement - I want to pay it back, and I have a decent job now but I'm J-A-M so can't pay loads off at once - but they've said that they can only take payments at the moment and the account needs to progress to the next enforcement stage (plus an extra £200+ in fees) and I need to have an agent visit my property before they can agree an arrangement.

 

I should say that any avenues of borrowing money (friends AND family) are closed. I've borrowed (and paid back) money to so many people I've basically had the last of my last chances - this is my problem.

 

Now, I live in a flat with two mates and I'm really worried that these bailiffs will try and take my mates' stuff to pay my debt. We're all late-20s and have a fair amount of stuff accumulated but may not have purchase receipts for everything - both housemates have Apple Macs they use for work for example.

 

Over the past 5/6 years I've struggled to to off various debts, ruining my CR in the process. I've paid extortionate fees etc etc.

 

I've read about sending a letter to offer the arrangement but is there anything else I should do or any advice you have? Thanks in advance

[ploddertom]

When you offer a payment instalment to a HCEO the Writ they have commands them to attend in order to see if you have goods that good be secured against the debt in case you default on the agreed payments. Therefore they could then come back and remove said goods for sale to satisfy the debt. Unfortunately this has a cost element of £190 +VAT - they don't do anything for nothing.

 

Of course if you do decide to go down this route they have neglected to tell you that they have no automatic right of entry and you can of course tell them to do one. The other thing is if you fail to come to an agreement or contact them during this Compliance period they will attend anyway. So in effect you are damned if you and damned if you don't.

[ploddertom]

The other thing they have neglected to tell you is that they will only make 3 or 4 visits in total and if unable to make contact, come to an arrangement or pay in full then they will return the Writ to the Creditor who in turn may decide to take further action which could include employing another HCEO. You could of course at this stage offer to pay them direct at an agreed rate.

[Bailiff Advice]

 

The last of my debts is a (technical) overpayment of wages from Sept last year.

 

In the end, my prev employer obtained a HC writ for the debt, plus associated costs.

 

It's taken until now for my to reach this first stage with Marston and I received a Notice of enforcement letter last week.

 

The letter says I need to pay the balance (£1000ish) by Dec 10th or agree a payment arrangement.

 

I rang Marston to offer a payment arrangement - I want to pay it back, and I have a decent job now but I'm J-A-M so can't pay loads off at once - but they've said that they can only take payments at the moment and the account needs to progress to the next enforcement stage (plus an extra £200+ in fees) and I need to have an agent visit my property before they can agree an arrangement.

 

I've read about sending a letter to offer the arrangement but is there anything else I should do or any advice you have? Thanks in advance

 

In this particular case, as the judgment is over £600, the creditor has chosen to transfer the judgment to a High Court Enforcement Officer to enforce.

 

The advice that you have received is indeed correct.

 

With the vast majority of debts enforced by bailiffs/enforcement agents, a payment arrangement can be set up during what is called the ‘Compliance Stage’. This is the period outlined in the Notice of Enforcement by when payment in full or a payment arrangement must be set up. If a payment arrangement is set up and does not default, a personal visit by a bailiff will be avoided and the only bailiff fees that you will have to pay will be the Compliance Fee of £75.

 

If a judgment over £600 has been awarded against you, and has been passed to a High Court Enforcement company to enforce, you will not be able to set up a payment arrangement during the ‘Compliance Stage’. Instead, a High Court Enforcement Officer MUST make a personal visit to your home. This visit will incur an Enforcement Stage fee of £190 plus VAT. The reason is outlined under Item 7.3 of the Taking Control of Goods (Fees) Explanatory Memorandum which states this:

 

The personal liability of the High Court Enforcement Officer has necessitated the need for High Court enforcement to have first and second enforcement stages with the associated fees. The fee structure for High Court cases also introduces an incentive to enter into, and adhere to, an affordable controlled goods agreement.

 

Unless a debtor pays IN FULL at the compliance stage, the enforcement agent is obliged to visit the debtor IN EVERY High Court case in order to take control of goods, thereby triggering the first enforcement stage fee.

[ukr-nffc]

Thanks for the replies.

 

My main concern regards things in the property that aren't mine.

 

I don't have a car and I think the largest-value asset I have is £300 camera (that I use for an aspect of my work) I got for my birthday a year ago. Plus the usual sundry electronics and clothes/books etc.

 

Like in my original post - my housemates have Apple laptops and our flat has a decent-sized TV, technology - plus musical instruments and the like (all bought by housemates before we moved into here). NONE OF THESE THINGS ARE MINE. And I obviously don't want to cause them any hassle for mistakes I have made?

 

Now, the tricky thing here is I don't know if they have proof of purchase as it was so long ago so there's a difficulty as I can't prove the negative.

 

Forgive my ignorance but I really don't know how bailiffs work in terms of choosing what to take control of as, basically anything of value in the house isn't mine. Is there guidance on this sort of thing and is there anything you would suggest I consider doing before any visit?

Edited December 3, 2018 by ukr-nffc
grammar

[ploddertom]

As said they have no power of entry unless you let them in. You should be talking to your housemates so they are aware of the situation and also know not to let them in.