Marston Group Problem

[plkdelta]

I got home from a training course abroad this morning to find a letter from the marston group, stating that they were coming 24/3/10 with a removal contractor to remove goods as i hadn't made a proposal to settle a high court writ.

 

I am due to go away again tonight on a different course and explained that I wouldn't be there, to which they told me that they would attend anyway and charge me £145 for the privilege.

 

Now, I understand that I do not have to let them in the house yes?

 

I might have to cancel the course as I don't want my partner to have to deal with this in my absence.

 

Any help would be appreciated, thanks

[Thegreenpimpernel]

You are right about not letting them in, but remember they can seize goods outside including cars - so get them moved.

 

Don't know much about HCEO fee's, but hold on, there are a few contributors on here who... ...lets just say have a 'thing' for HCEO's and no doubt they will be along later!

[ploddertom]

Do you have an idea what this is for? Is it a personal or business debt? If for business under what status do you operate?

 

PT

[plkdelta]

I beleive it to be personal, FV-1 Inc, which could be an old hsbc debt, but havent heard anything for years, and Marston would not give me any further information.

 

As for the car, that's in my partners name, so ok there i think????

[ploddertom]

I gather from what you say the first you have known about any Court action is the HCEO turning up. If as you say this may be an old debt - how old is old and have you moved since.

 

PT

[postggj]

for a hceo to turn up, there must be a ccj judgement

 

you need to phone them up (baliffs) and ask what court and claim number the judgement was issued and who the creditor is instructing them

 

do it now

 

then phone the court and ask for details

[plkdelta]

I've moved 3 times since, the debt which i believe is about 6 years old roughly.

[ploddertom]

You can cancel your course and deal with this as one way or another it must be done. If your partner is OK with it then they can deny any access to your property until you return - unfortunately the charges will rack up in the meantime.

 

As you clearly have had no opportunity to defend/counterclaim/make a payment plan due to the original documents going to an old address you may apply for Set Aside. If you win then the CCJ is wiped and you start agin with the Claimant - end result may be the same unless you can come up with a resolution to discharge it.

 

At the same time you apply for Set Aside you also apply for a Stay of Execution to the Writ of Fi Fa the HCEO has. This is more important than claiming for Set Aside and can actually be done independently if necessary but you must have good cause. A Stay halts all current and future enforcement action pending a Hearing to determine whether you have cause or not. This is another alternative you could use and must be done today if you are going away.

 

PT

[plkdelta]

ok, I've cancelled my course so I'll be here tomorrow.

 

whats the process for the stay?

 

 

PLK

[ploddertom]

You need to go to HMCS website and it is Form N244 you need. I would suggest as you cannot do anything now until tomorrow you also apply for Set Side at the same time.

 

You reasons for applying for Set Aside is that:

You did not receive the original documents as they were sent to an old address.

You therefore had no opportunity to defend/counterclaim/make a payment proposal.

The first you knew of any debt was when an Enforcement Officer called at your new address.

 

You will also need to complete a Statement of Truth to support your application. That is just a factual statement.

 

Your reasons for applying for a Stay of Execution:

Pending your Set Aside application.

 

You need to print off a copy for yourself, a copy for the Court, a copy for the Claimant & a copy for the HCEO company.

 

You do however need to know the CCJ number and which Court issued it. It would be best to take the application to the Court and ask in particular about the Stay as you have a HCEO on your case. Once submitted I would also advise you send a copy to the HCEO so they are aware of your intent. Most will respect that until the Hearing but if not and they do turn up then ring the Court and advise a HCEO has turned up and let them speak to him.

 

Have a look at the Form, most importantly tick the boxes that say you want to make an application + suspend a warrant/action - can't remember what it says exactly. Don't forget to enclose the fee with the form.

 

PT

[plkdelta]

thanks for the advice all, on way to court now