Anglian Water CCJ - Now Marston Bailiffs - Can Pay But Not Right Now, What To Do?

[i599]

Hello, I hope this is the right forum.

 

I have a debt with Anglian Water of about £900 which with fees is now a bit over £1200.

Had a Marston enforcers letter through the door first thing this morning.

 

I've been in a right state about this and ignoring it, very bad I know.

I realised I can do a drawdown on my pension and thus pay it all off, with some other debt, I've organised that.

 

Pension company said they will expedite the request due to circumstances but can't promise anything shorter than 20 days to get the money to me.

The Marston enforcer won't accept this and has given me until Friday to raise the money or "further action" will ensue which presumably means huge fees and removal of my property?

 

I'm on Universal Credit because of losing my job and can't raise this money any other way.

He told me to borrow it but I have no friends or family I can borrow a large amount from.

I don't have much of value in terms of goods, no car or anything, I've got 3 PCs but they're all old homebuilds, haven't got a TV, my furniture is old and knackered and so on.

 

Is there anything I can do to halt this process since I'm willing to pay but just need time to get the money from the pension drawdown?

[dx100uk]

can i guess AW got a CCJ and you did not defend it..WHY NOT?

was this for you current address or an old one and for what years did the CCJ cover? and how much please?

tell us more please.

 

its a civil debt, so no right of forced entry.

so just ignore marstons  the only thing that might be in danger is if you OWN a car in your name?

,,

you'll should have had a Notice of Enforcement @£75 - do you have that ? the it's £235 if they 'visit', thats all they can add no matter what they do/say. £310!!

 

 

[i599]

I didn't defend it because I'm an idiot.

 

It's this address and it's my water bill

 

, like I said it's a little over £900 but I'm worried if I post exact amounts they can find me by Googling.

 

I've asked Anglian Water if I can pay them and they said it's out of their hands now.

 

I don't own a car.

The bill is the original debt, interest, £75 "compliance fee", Enforcement fee of £190.29 so far. That's what it says on the letter.

 

The back of the letter lists additional enforcement fees and "removal stage" fee.

 

I just want to stop this bill getting any higher and losing my stuff, until I can pay it.

 

They haven't as yet entered my home and don't intend to let them.

Edited February 2, 2022 by dx100uk
added A few blank lines only..dx

[dx100uk]

You will not lose your stuff. Stop panicking.

 

what dates does this this £900 cover please?

Last years unpaid bill? The year before?

 

when was the ccj attain ed please?

[i599]

It's a "high Court Enforcement Agent" with a "Writ Of Control" dated 15 Oct 2021.

[dx100uk]

Yes we know they are operating as hceo makes no difference just ignore them no diff powers.

 

Now the ccj have you still got the original claimant form pack that the court sent you please??

 

we need the particular s of claim

[i599]

Yes, I've found the "Claim Form" and "Judgement For Claimant"  which is date 24 May 2021.

[dx100uk]

Brilliant.

can you type out the particulars of claim from the claimform.exactly as it appears (minus a/c number ofcourse!)

 

just need to check a few things then we are done.

 

Dx

[i599]

THE CLAIMANT'S CLAIM IS FOR CHARGES FIXED BY THE CLAIMANT AS A WATER AND/OR SEWERAGE UNDERTAKER PURSUANT TO THE WATER INDUSTRY ACT 1991 IN RESPECT OF THE PREMISES BELOW, FOR THE PERIOD 01 APR 2019 TO 31 MAR 2022

 

PARTICULARS OF CLAIM-

THE CLAIMANT CLAIMS THE SUM SET OUT ALONGSIDE BEING THE AMOUNT DUE AND OUTSTANDING FROM THE DEFENDANT

 

IN RESPECT OF

(my address)

 

It also gives

Amount claimed 630.95

Court fee 60.00

Legal representative's costs 70.00

Total amount 760.95

[dx100uk]

thankyou perfect.

 

so you actually didn't pay anything to them at all for that whole 3yrs period? 

are you on any benefits or should have been?

just looking for possible reasons to dispute the sum

dx

 

[i599]

yes, I went from thinking I'll deal with it later to it being too much to deal with and panic/ignoring it.

I'm on Universal Credit.

 

I must say having realised I can get this lump of money from my pension, which is now in process, I really just want to pay them and get rid of the debt, I'm not good at dealing with things really.

 

My last payment was October 2019.

Edited February 2, 2022 by dx100uk
spacing

[dx100uk]

ok thank you

 

pers i would not be drawing down your pension.

 

there is no need to do that, cancel it.

 

what you can do is put in an N245 to the court that way you can pay off a small amount monthly which is within your current means.

 

Suspend the Warrant and/or

Variation Order

Form N245

If visited by the CCB you can apply on this Form to Suspend the Warrant of Control he has. In. with this or as a stand alone application you can also apply to pay your Judgment in affordable instalments - providing you can show why you cannot afford to pay it all at once & your I&E you submit shows no extravagant expenditure. You may apply to have you payment more than once if you have a change of circumstances but also note the Claimant may also apply to have the Judgment varied as well. The application needs to be sent to the Court where the CCJ was last dealt with. Again the Court fee must accompany the application unless you are entitled to have it waived in full or part - see below for further details.

 

Application for Fee Remission

Form EX160a & EX160c

You will need this if you feel you cannot afford to pay the Court Fees and may be granted Remission in full or part. You must supply the proof required with your application & if making more than 1 application then proof must be sent with each.

 

 

 

[i599]

Okay, I will consider that.

But I would also like to know what he can do and what I can do if I go the pension drawdown route, especially when I haven't got the full sum on Friday.

 

If I ignore him, won't more of these arbitrary fees get larded on top?

If I call him and say I don't have it yet, is that tantamount to refusing to pay?

Is there any way to hold out the "up to 20 days"?

 

 

[dx100uk]

stop talking to the flippin bailiff ... THEY LIE!!

 

on a civil debt CCJ - there is NO right of forced entry, bottom line is you IGNORE THEM. eventually they'll hand the debt back to the claimant.

the total fees they can add is capped at £310 for a CCJ. (@£75 NOE + £235 if they have to make a pers visit) NOTHING MORE.

stop being conned!!

 

you are on benefits, you should be able to get the N245 done fee free. that will stop the bailiffs too.

if you still want to wet yourself over bailiffs, then simply send him a text stating you are sending in a N245. he'll know all about those an vanish.

you might even find the bailiff fees get wiped from the debt.

 

next time please come here and defend things properly not go head in sand!!

 

..................

 

i also see you are contemplating using your hard earned pension to pay off 'other debts' 

please DONT!!

 

go start a new thread in the debt self help forum and list your debts.

if they are with DCA's i bet 90% of them are unenforceable!!

 

dx

 

 

 

[i599]

The "other debt" is just some electric/gas I'm paying back monthly on my key meters.

 

I understand what you're saying and I'm sorry to have annoyed you. The back of his letter lists a whole bunch of fees- enforcement stage 1 £228+ 7.5% of the amount above £1000, enforcement stage 2 £594, Removal stage £630 plus various other costs (storage, locksmith, auctioneers and on and on). Are they really all lies?

Edited February 2, 2022 by i599

[dx100uk]

the n245 will kill all enforcement.

 

as for gas/electric, you must pay those as they can be cut off

water cannot under human rights laws which is why its only a civil debt hence a CCJ just like any consumer debt like say a card or loan.

 

you wont annoy me seen it all 1000's of time in our 16yrs and my +153'000 posts helping people free of charge.

 

readme

 

[i599]

The gas/electric is a side issue, I'm paying back £5 a week each on those via the meters, that's all sorted. I just considered if I did do the drawdown I could clear those and reduce monthly outgoings. And I really appreciate your advice and help. I'm just trying to take everything in at the moment.

 

Also just looking at that thread you referred to, it says Enforcement 2 is not making or keeping an agreement for payment, however I did ask about making an agreement and he said he wouldn't, just demanded the full amount.

Edited February 3, 2022 by i599

[dx100uk]

see scamming you..N245 get rid of the debt properly through a COURT. not a scamming bailiff after lining his pockets

 

the n245 will kill all enforcement.

 

 

[Homer67]

Just remember that if the bailiff does come knocking do not open the door to them, talk to them through an upstairs window or a locked door, do not be tempted to open the door to them, they want to gain 'peaceable entry' to intimidate you. Just say you are dealing with it and will be referring back to court and ignore them. Film them if possible.

 

Let them stand outside in the cold for a bit, then they'll go away, they cannot force entry and they cannot levy on anything by looking through windows, you said you don't have a car but if there is a car at your premises they will try and levy on it no matter who owns it, so move it away, preferably on someone else's private property or in the street if it's not your car.

 

As DX said the debt cannot increase further with their charges and they will have to return it

Edited February 3, 2022 by Homer67
typo