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    • Hi   I have recently received a copy of my CCA for an old HSBC CC debt. This was apparently bought by Marlin in 2014 and I had previously (before it was sold to Marlin!) asked for a copy of CCA so it was in dispute. All had gone quiet until February this year. This is all complicated by the fact that in 2008 I was advised by Payplan to offer token payments to everyone.  I paid these by standing order and had actually forgotten about them. These continued until 2018  - I know! So it's not SB and wont be for a while Hindsight is a wonderful thing.    Cabot (claiming to be acting for Marlin - same company!) have appeared again with several letters so far and have recently involved their legal arm (Mortimer Clarke solicitors). After sending them a CCA last Friday,  as they were once again threatening legal action, today I was sent a copy of a CCA, the print was dated February 20 interestingly.  The time they decided to contact me again.   I am prepared to go to court over this if necessary. I can only pay what I can afford. As I owe a lot to other companies, some of who may have given up - I've only had a pre court letter earlier this year from MBNA who I asked for a copy of the CCA and heard nothing since, I really don't know where I stand with repaying any debts. I don't know what I owe or to who anymore. I have limited funds at the end of each month despite working full time. I had a small payout for PPI which I was considering putting towards the debts but was advised not to! Now as a lot of them have gone quiet again (for now) I don't want to get in touch with them.   With the CCA which all looks as it should. They  (Mortimer Clarke) have enclosed an income and expenditure form which they have asked me to complete in 14 days. The total amount is £3 k. What should I do now? I wonder why this has only just appeared after all this time. I can't give them £3k as I don't have it. If I did have it, then that wouldn't be fair to the other people I owe money to.   I am tempted to just ignore it and wait for them to take me to court  
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HOWLER

Marstons. Capital Contribution Order

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hi

can anyone help

what the heck do i do

i received in the post today a cco to the tune of £100,000 .

yes they found me guilty even tho the judge said it was rough justice and thought i wasnt.

i already paid £7000

but now this i am stunned.

Help please

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Hi.

 

I'm sure people will be along to help later. Have you posted about this problem before please?

 

HB

  • Thanks 1

Illegitimi non carborundum

 

 

 

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We could do with some help from you.

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Letter arrived today from marstons. 

Awarded don't know I will be in touch. 

 

5 hours ago, honeybee13 said:

Hi.

 

I'm sure people will be along to help later. Have you posted about this problem before please?

 

HB

 

No this is new. 

 

My wife owns our apartment. 

She is disabled

We are both pensioners with minimal savings. 

 

How do I raise 106 k. 

 

 

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Topic Title updated

 

Well obviously you cant....


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As suggested if you can give the more info as above there are loads of people who can give excellent advice here.  Look at this below

 

Stopping enforcement

You can apply to the court that made the CCO using a Form N244 to set aside the order.

Alternatively, apply to vary the CCO and include a completed Form N245 Income and Expenditure and a to vary the CCO into an Income Contribution Order and you can pay in affordable installments.

The court fee for an N244 is £255. If you are on a low income, claim court fee remission online and put the application reference number on your form N244.

You don't need to write a letter or contact the bailiff company.

 

Your grounds can be

 prescribed benefit

Your were not means tested before the order was made

You have had a change of circumstances

You are on a low income under £12000 a year

Your total assets are under £30,000

You were convicted in a magistrates' court, and not a court court.

You were given notice of the order after 21 days from the date of the order - preventing an appeal.

You were not given a notice at all, for example, it was posted to a previous address

The order was made more than 6 years ago - Section 9 of the Limitation Act 1980
 
I might also suggest, that your wife's disability, backed up with Consultant's doctor's notes etc, will kill this one dead in the water. Also read below
 

Bailiff company Rossendales Ltd bid on on the government contract for the enforcement of CCO's, but it's work came with very limited success.

 

The problem faced by bailiffs is a combination of the practicality of asking debtors from low-income backgrounds to give tens of thousands of pounds at the doorstep, and debtors not having movable goods or vehicles of such high value.

 

There are no rules limiting the rise in the value of legal costs ordered against people for legal representation fees, or state that the cost of solicitors fees must be proportionate to the cause of action.

 

As a result, costs orders for solicitors fees against people have become hyperinflated. This is due to the person owing having no prospect of ever paying, or they divert income or assets elsewhere, causing the legal profession to increase fees further to offset the risk of losing a share of costs orders against debtors that cannot pay.

 

Debtors cannot go to prison or be "arrested" for non-payment of a CCO.

The liability dies after six years following the date of the order.

The solicitor is still paid, but from public funds and only at rates set by the government.


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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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How and from who should I have been informed about the order cos I can't find anything. 

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From the Legal Aid Board or adviser ...can you possibly scan redact and upload this Marstons letter ? 


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On 26/05/2020 at 16:44, Andyorch said:

Topic Title updated

 

Well obviously you cant......

When all this started I had to supply details of my income and my wife's income and savings. 

So I suppose it includes my wife's too. 

 

Personally if I sold all I own it would amount to £5k.

I don't own a car. 

No fancy stuff. 

Nothing. 

Can they force us to sell our retirement apartment. 

Do I need to apply for a council property. 

I am falling apart here. 

 

 

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Waiting for your upload.....who have you paid the £7K to already ?

 

Quote

Can they force us to sell our retirement apartment. 

Do I need to apply for a council property. 

 

No....read the advice already given.


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19 minutes ago, HOWLER said:

When all this started I had to supply details of my income and my wife's income and savings. 

So I suppose it includes my wife's too. 

They obviously ignored it then. Be sure to also note that you are in a high risk Covid group (65 plus) and you certainly won’t be receiving any Doorstep visitors thanks.


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4 hours ago, Andyorch said:

Waiting for your upload.....who have you paid the £7K to already ?

 

 

No....read the advice already given.

Paid to marstons last year 2019

 

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So when was this incident that you was found guilty ?  If you wish to continue this topic with drip feeding information it may take a long time to give you any practical advice to ease your panic.

 

Letter from Marstons..redacted would be a good start.

 

Andy


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im sorry confused 

 

The letter i got today 

 

The verdict was delivered on friday 13th dec 2019 

sentenced wed 18th dec 2019 to the most lenient sentence of 2 years suspended .

 

The judge did not agree with the verdict but had to sentence me .

 

Are there any professional people available who would sort this for me .

 

Im at my witsend and dare not inform my family , i am already the bad grandpa .

 

one of my sons has disowned me already ,.

 

 

Marstons CCO Letter 22-05.pdf Marstons CCO Letter 24-12-19.pdf

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woe slow down..

 

this is rossendales in their DCA role they ARE NOT ACTING AS BAILIFFS and have ZERO LEGAL POWERS to do STUFF AND ALL,,

 

it's a threat-o-gram.

 

marstons group , purchased rossendales group recently

so are trying the same stunts they pulled

trying to frighten people into thinking they are acting as bailiffs

THEY ARE NOT

 

shame you paid that £7k ..you got had blind

which is why they are trying to mug you some more

 

go read these threads

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=captial constributions order&oq=captial constributions order&gs_l=partner-generic.12...65281.84291.0.86137.30.30.0.0.0.0.166.2445.28j2.30.0.csems%2Cnrl%3D13...0.19048j69595038j30j1...1.34.partner-generic..28.2.245.hrnucYaRx7o

 

dx

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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so.shame you paid as you don't have any assets at all...

so 

look at this thread...

 

see post 11. write to the LSO..

i'd also be demanding the £7k you've paid back...hope it wasn't paid to the rossers and paid for their summer holidays to the canary islands free on your money.

who did you pay it too?

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Listen to all the advice given OP. Did you read the link that I posted. The one that said there is no way of forcing you to pay and that they send these ridiculous hyper inflated fees in the hope that some mug will get scared and cough up because they know there is zero that they can do.
 

Did you read the bit about low incomes?

 

You ask for a professional To ‘sort this out ‘ That person who knows this inside out is @dx100uk. He’s seen your letters, and can tell they they are just a load of bluster.

 

All of our advice fits in pretty well doesn’t it? In other words you really have nothing to worry about.


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@dx100ukPaid direct to marstons

 

@AndyorchSorry but I'm confused and don't know what to do. 

It's not intentional. 

 

@London1971Easy to say, but I'm crappin it. 

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go read the thread above

particularly post 11 and WRITE to the LSC.

 

i'd also be demanding the £7k you've paid back to marstons..they are now doing what rossendale did ..fleece people

 

if you savings/assets are not above £30k..you owed NOTHING!!

your wife owning the residence does not count!

 

dx

 

 

 

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thankyou so much I will give it a go. Is email OK 

 

You say to read post 11 I can't see post 11.

Am I missing something 

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just click that thread and read it then.. you'll see the letter he wrote..

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Capital assessments are based on the:

 

amount or value of the asset at the time of the application

outcome of checks carried out to protect against fraud

As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest.

Just found the above in the law society website. 

So am I screwed. 

So confused. 

 

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And to look at the bigger picture . What judge or magistrate or anyone in authority is going to side with a bottom feeding DCA and force a vulnerable couple with no money into the streets at any time, let alone in the worst economic and public health crisis in living memory.

 

Read the other threads here, do as they did. Try to get your money back from Marstons. They don’t deserve a penny from you.

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Email sent today to both parties LAA and MARSTONS detailing all errors and asking them to sort it.

The ball is now in their court.

Thank you everyone , i will be in touch again as soon as i get a reply

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