Marstons, South East Water

[Concerned77]

Help!!!!!!!!!!!!!

 

I feel so sick at the moment and really do feel like everything is getting on top of me and can no longer cope

 

So, the past 18 months have been pure hell. I lost my job twice, have spent the past year earning next to nothing and my wife only works part time.

 

We have a CT debt which I'm dealing with on another post, countless Payday loans which we are working through, and now this has just come through my door.

 

I've been totally irresponsible and stuck my head in the sand and everything is just spiralling out of control but just when I think we're starting to get on top of things something else jumps up and knocks me down again.

 

I came home from work yesterday to find that Marstons had visited us in relation to unpaid Water Bills.

 

They have posted a letter through with the following:

 

Debt £787.42

Costs £ 147

Execution Costs £111.75

Officers Fees £362.38

Total Levy £1358.55

 

It then follows with the wording regarding non payment in full, siezing of goods etc

 

I've been reading about Stays etc but just don't know where to start let alone get this sorted before they come back again.

 

I just feel like a complete let down to my family at the moment

[dx100uk]

so southern water got a CCJ against you

and took it to the HCEO without you EVER getting any claim forms?

 

dx

[ploddertom]

How is your water bill usually sent to you? What period of time does the debt cover? Did you know about the CCJ?

[Concerned77]

Its sent via post quarterly. Not sure what it covers.

 

I remember the ccj and set up a payment plan with SEW but when I lost my job for the 1st time in 2011 I stopped making payments and never started again.

The first I heard about the writ was when the letter came through the doot from Marstons yesterday.

 

Should I enter into a payment plan with Marstons or SEW in the 1st instance and then apply for Variation & Stay etc

 

I'm more worried about this than dealing with Equita, Marston's seem to be the next level reading on here!!!!!!!

[ploddertom]

Was the payment plan you had one that was agreed by the Court or one you just negotiated with the SEW? No criticism but you should have told them you were stopping payments. Was the letter from Marstons hand delivered or via Royal Mail?

[Concerned77]

It was agreed with SEW. I know I should have sain. Hindsight is a wonderful thing and we're now working as hard as we can to sort everything out, contacting DCA's negotiating affordable plans etc but it just seems that we sought one issue out and another comes along.

 

The letter was hand delivered.

[ploddertom]

In your shoes I would make 2 applications.

 

1 - Variation Order - this application is made on Form N245 and costs £45 but if own certain Benefits or low wage may be waived or reduced- see Forms EX 160a & Ex160c for details - all forms available from HMCTS website. The form is pretty easy to fill in and asks for I&E. SEW may counter and argue you have failed on a payment plan previously but you may be able to contend the level of payment was too high. The Court can decide what level of payment you should make and you will not be asked to pay something you cannot afford. Please remember what may happen should you fail to maintain payments. This Form should be returned to the Court where the CCJ was granted and a Hearing may be scheduled at a Court closer to home.

 

2 - Stay of Execution - of the 2 applications this is the most important. If granted it will halt all further enforcement action and charges. The application is made on Form N244 and costs £80, a waiver may be possible as advised above. The form is a little more awkward to fill in but have a guide that may help you.

[Concerned77]

Ok,

 

So spoke to SEW today who informed me the debt had been passed to Marston's in Dec (could they have got a writ put through that quickly) and that I would have to deal with them direct.

 

I decided to phone Marstons (and have recorded the call). I actually spoke to someone very helpful and understanding on the phone (yes a shock I know).

 

Explained that I wanted to enter into a payment plan spreading the cost over 12months. They asked me to send through an I&E along with my proposal and the 1st months payment, which would then be passed to SEW to take a look at.

They also informed me no further action would take place unless I missed my agreed payment next Fri.

 

 

 

I know this site states you should never contact the bailiffs etc, but sometimes (and I think I've been pretty lucky), they can be a bit understanding and it also just works as a delay tactic whilst investigating other routes.

 

I'm now about to embark on the paperwork for a variation & stay.

 

Was feeling really down yesterday and almost suicidal but feel a lot better today. Have sat down and worked out have about £25k of debt but am really knuckling down to get this reduced as much as possible this year.

 

This includes getting reductions in amount owed with PDL's etc

 

I will never ever get in this situation again. Clean slate required and then rebuild my credit rating

Edited February 1, 2013 by Concerned77

[dx100uk]

might sound silly but

 

are marston working as HCEO's here or a DCA

 

that sounds very good if they are allowing that if they are acting as HCEO's...

 

am i being sceptical here?

[Concerned77]

I'm not sure,

 

The letter says they've received a High Court Writ, but the person on the phone at Marston's was happy to discuss payment plan etc.

Perhaps I've just got lucky. SEW said it was only sent to them in Dec '12

Edited February 1, 2013 by Concerned77

[wonkeydonkey]

I have sent you a PM.

 

WD

[Concerned77]

Can't reply. Not enough posts

[wonkeydonkey]

Can't reply. Not enough posts

No probs sent another.......

[wonkeydonkey]

Can't reply. Not enough posts

 

not a problem ...see next pm

[wonkeydonkey]

inbox now emptied;)