Notice of Seizure - Please help not my debt - Marstons HCEO

[mattbell1975]

Hi,

First of all I have never been in unmanageable debt and never had anything like this happen to me.

This morning my son answered the door to a man who asked if this was the correct address to find me (he stated my name) then my son shouted for me to come as someone wanted to see me.

 

The man asked if I was (my name) and then told me he was a HCEO and had a high court notice of seizure for a debt from 2010 by BCB Solutions Ltd against me.

 

He asked if he could come in and levy my goods which I said no. He then gave me a copy of the form 55. This form only has a name on it and no address. Yes it is the same name as mine (Middle initial not full name) but not my full name. He has said he didn't know what the original debt was for and had no other paperwork other than the walking possesions paperwork which I refused to sign.

 

The problem I have is I have lived in this house since 2009 and have never had any CCJ paperwork or red letters with warnings ect. Now out of the blue he pops up and said ive had a CCJ against me not at this address I may add. And he now has a high court notice of seizure.

 

I had my Experian credit file last month and this showed no CCJs on this or my previous address. Could this be a mistaken identity case? Could they just be trying on leads found on the electoral register? I honestly do not know what this debt is for and seeing as theres no address on the paperwork think it might be for someone else of the same name and they are just trying to track them down? How can I find out what debt this is in relation to as far as I am aware I have no debt of this amount and have never had a letter, warning or CCj from anyone.

 

The bailiffs is Marstons and the form 55 is from Northamptonshire District but I live in Derbyshire? The form has no signatures on it, no stamp and the named bailiff is a different one to who visited me this morning. Please help or advise as I really don't know what to do.

 

He also asked if the car outside was mine (I said not as I panicked) but it is. Please help I may be worrying about nothing but this has come as a shock and im very worried. The debt is now up to £1199 and rising each day? I wouldn't be able to afford that even if it was my debt

 

The original debt was for £675.

Thanks

Edited June 16, 2013 by citizenB
formatted

[ploddertom]

On the Form 55 somewhere should be words similar to "transferred by certificate from XXXXXX County Court on xx/yy/2013". This may give a clue as to which County Court and on what date the original CCJ has been awarded. I do find it strange that no address has been listed. If possible can you scan and post the Form 55 - preferably by PDF file after having removed any personal identifiers? have you ever heard of the alleged Creditor?

[mattbell1975]

On the Form 55 somewhere should be words similar to "transferred by certificate from XXXXXX County Court on xx/yy/2013". This may give a clue as to which County Court and on what date the original CCJ has been awarded. I do find it strange that no address has been listed. If possible can you scan and post the Form 55 - preferably by PDF file after having removed any personal identifiers? have you ever heard of the alleged Creditor?

 

Hi ive never heard of this company. There is a number for CCJ plaint but no date.

[mattbell1975]

Ive scanned them in and don the best I can hopefully this is ok?[ATTACH=CONFIG]44543[/ATTACH][ATTACH=CONFIG]44542[/ATTACH]

[citizenB]

Can you please follow the instructions below to upload your documents.. the jpeg you have posted is very teeny.

 

 

Dx100 – Instructions on uploading pdfs

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

go to one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

 

[mattbell1975]

This is only page one, page 2 cannot be converted yet, I have to wait 30 mins but it only goes on about goods seized and as I didn't agree this was my debt and didn't let him in the house theres not much on it.

 

 

 

[ATTACH=CONFIG]44545[/ATTACH]

Edited June 16, 2013 by citizenB

[citizenB]

I am just going to unapprove your post for a few minutes - you have left some information that could identify you, on the docs. I will remove that and repost your images.

 

All done now

 

Just to let you know that those who will be able to advise are not online at the moment - I am sure they will look in later on today.

Edited June 16, 2013 by citizenB

[mattbell1975]

I am just going to unapprove your post for a few minutes - you have left some information that could identify you, on the docs. I will remove that and repost your images.

 

All done now

 

Just to let you know that those who will be able to advise are not online at the moment - I am sure they will look in later on today.

 

Ok thanks. Can you not advise?

[citizenB]

Ok thanks. Can you not advise?

 

I wish I could, but I simply don't have the experience

[ploddertom]

Where it says "on transfer from" etc it gives the Plaint No at the end in the format similar to 3AB123456. Can you tell me what the initial number is - I don't want the rest as that can identify you?

[mattbell1975]

Where it says "on transfer from" etc it gives the Plaint No at the end in the format similar to 3AB123456. Can you tell me what the initial number is - I don't want the rest as that can identify you?

 

Hi ploddertom it starts with a 0 zero

[ploddertom]

Hi ploddertom it starts with a 0 zero

 

Thank you for that, it seems to suggest that the original CCJ was awarded in 2010. According to what I see the Claimanat runs a Claims Management Co. If you have no knoledge or have had no dealings with them then you must ASAP tomorrow morning contact them and demand they call off Marstons.

 

Marstons are only doing as instructed but in light of no address being given to them wonder if your name has just come up and they see it as an excuse to trouble you. Regardless the Claimant is responsible for this and they are the ones that can stop it dead.

[lookinforinfo]

If the HCEO didn't gain access to your property [and well done for that -and keep not letting them in should they call again]-what if anything, did he levy on outside your house?

 

If he didn't seize your car, then keep it well away from where you live so he cannot levy or clamp it in the future.

 

Ploddertom is right that you should contact BCB asap. They are a claims management company going under this website [https://www.myclaimsexpert.co.uk/]. The most likely area that you could

possibly have aroused their interest is if some one has made a personal injury claim against you several years ago. Other than that it would appear that the likelihood is that BCB have mistaken you

for some one else.

 

You can check BCB here http://companycheck.co.uk/company/06176132

[mattbell1975]

The HCEO didnt seize anything. He was inquisitive about cars parked outside. I did explain this was definitely not my debt. Ive lived in my residence since 2009, never had a claim against me or any red letters. The car will be kept well away until I can call BCB Solutions. All this is a great worry and lots of trouble for someone who has not done any wrong. Surely before the HCEO seizes anything he has to ascertain that he has the correct person. Would they have just been looking up for any persons with the same name and giving that address a try?

[mattbell1975]

He went quite quietly without much fuss. Perhaps he knew they were just trying out yet another address.

[ploddertom]

He went quite quietly without much fuss. Perhaps he knew they were just trying out yet another address.

 

That's quite a possibility. If it were me ringing BCB I would be telling them of the stress & upheaval this has caused, maybe if they think you will slap in a claim against them they might think twice the next time.

[brassnecked]

That's quite a possibility. If it were me ringing BCB I would be telling them of the stress & upheaval this has caused, maybe if they think you will slap in a claim against them they might think twice the next time.

I would threaten them with a claim, after all they are "A Claim Management company"

[mattbell1975]

I would threaten them with a claim, after all they are "A Claim Management company"

 

I will be seeking my own legal advice. This has been very distressing for me and my family

[mattbell1975]

So just to get this right. I should phone BCB first, I have been told to ring the court?

[ploddertom]

So just to get this right. I should phone BCB first, I have been told to ring the court?

 

If you are certain this is nothing to do with you then you should ring the Creditor and sort it with them. If you ring the Court although I am sure they may be appreciative of what has happened their hands are tied until such time applications are made to sort it out. Ringing the County Court may result in them not being able to discuss anything with you if you are not the defendant due to DPA issues. Likewise ringing the High Court about the Writ plus they will more than likely tell you to take it up with Marstons who given their usual demeanour will ignore everything and rely on the "we have a live Writ to enforce". The only real danger may be if the HCEO attends before you get to speak to anyone, in which case deny him entry and refuse to speak to him

[brassnecked]

The last thing you need is the HCEO to seize goods, and you end up in an interpleader disputing ownership of your own goods because they have not found the debtor, but are mithering and enforcing against an innocent third party who has a similar name. a Marstons speciality when they mess up a trace, and the HCEO scuttles off to a Master for protection when it is realised they have messed up.

 

See this useful info from of all places The Sheriffs Office: http://thesheriffsoffice.com/articles/interpleader_faq

[ploddertom]

Any news yet?

[mattbell1975]

Any news yet?

 

Hi Ploddertom,

Been very busy today and just finished work, yes there is some news. I first of all tried to speak with BCB - no joy nobody available, nobody willing to talk and then the phone went dead, I then phoned the HCEO to get some contact info which he failed to supply, said he didn't have any more information.

 

I rang the court to see if they had any information on the original CCJ and the man was very helpful, he told me that it was a claim for court costs against someone of the same name as myself, he gave me the original address of the debtor (which is in leeds circa 2010) I have never lived there, It seems BCB have recently updated the CCJ information with my address, they have obviously done a name search and got my name and address, put 2 and 2 together and got 5.

 

But this is definitely not me as confirmed by the address in Leeds.

 

I have since spoken to Marstons head office which were trying to sort some information out for contact with BCB. I have told Marstons that this clearly isn't my debt and if they are to keep persuing me and my belongings then it is harassment and illegal. I have threatened legal action, and I have already sought some advice from a legal source.

 

 

The next plan is now to write formally a letter of complaint and send it recorded delivery to both Marstons and BCB Solutions to resolve this matter, stop harassing me for a debt which clearly isn't mine and remove my address and me from their enquiries.

 

The stink of this is as an innocent man with no unpaid debt I have had stress, worry and of course it takes time to speak to people, costs money to phone 0845 numbers on your mobile. I have also been advised if Marstons do re appear then to call the police as there will be a breach of the peace if any property is being clamped/seized ect. The legal advice was any further action by Marstons would be illegal and therefore unlawful, to serve this on me without ascertaining my true identity is stupid.

 

Any more advice whilst I am waiting for Marstons to call would be appreciated, should I threaten legal action?

 

Counter claims? ect?

Edited June 17, 2013 by citizenB
formatting

[brassnecked]

Send the letter, copy it to marstons who will keep on enforcing until BCB call them off unfortunately. If they do turn up call the police and furnish them with the information as to the real debtors address and proof it isn't a previous address of yours. The copper should then tell the HCEO to foxtrot oscar.

[mattbell1975]

Send the letter, copy it to marstons who will keep on enforcing until BCB call them off unfortunately. If they do turn up call the police and furnish them with the information as to the real debtors address and proof it isn't a previous address of yours. The copper should then tell the HCEO to foxtrot oscar.

 

I was told to write to them both, one separate letter each. One warning Marstons that as I am disputing this is my debt then all activity should be on hold. If not I will call the police, I will explain there will be a breach of the peace, because if they don't F... O.. I will be chinning someone. I am sick to the back teeth with this, I cannot believe the law allows for this without you being able to defend yourself......I am a guilty man until I prove myself innocent???