Marston Daily Fees and HCE Writ - anglian water CCJ

[MJayz]

Hi, I am new to this forum so please forgive me if I word this badly or get protocol wrong.

 

Last year, I had a visit from a HCEO through Marstons for a debt to Anglian Water which originated when I was married. The bill was in my name but at the time everything was paid out of my ex's wages. When we split up, the account was in arrears already and to cut a long story short, I buried my head a bit and it culminated in the aforementioned visit.

 

I refused to let the guy in and dealt with them on the phone. I have a payment plan in place and have stuck to it. I was informed at the time that there would be a 58p/day charge as I am not able to clear it in full. A 31 day month means that £17.98 is taken from my £100/mth payment. I have now paid £600 off the original debt which was £1853.95 including their £440 fees and even allowing for the daily rate charge they are claiming the outstanding balance to still be just over £1500!!! 6mths of £17.98 comes to approx. £107.88. That leaves at least £480 that should have come off the £1853. What I need to know is what do I do about it. The unpleasant woman I spoke to today is going to send me a statement out but if in their eyes if I have paid £600 already, why is my bill still at £1500+

 

The other question I have is, I have never received a copy this alleged High Court Writ and I wonder if it actually exists at all. Where would I find out that sort of information.

 

 

And finally am I allowed to pay the money owed to Anglian Water directly rather than these greedy animals at Marstons? I would have the original debt cleared in 6mths at that rate if I were able to pay them directly.

 

Any help would be massively appreciated. Thanks :o)

[ploddertom]

The 58p per day will the daily interest. You may also find that from the remainder of the £100 the money is being split possibly 60/40 as Marstons will be claiming other fees. I assume the monthly payment you make is just a mutually agreed payment and no goods have been seized? Anglian Water won't accept payments direct as otherwise they become liable for Marston fees.

 

You could apply for 2 different Orders from the Court:

1- Apply for a Variation Order, done on Form N245, cost approx £40. A simple form to fill in plus you include your I&E and the Court can set the level of payments.

2 - Apply for a Stay of Execution against the HCEO, done on Form N244, cost approx £80. A little more complicated to fill but not impossible. If granted halts all further HCEO enforcement & charges. The grounds you could use are:

i - you cannot afford the fees demanded

ii - out of voluntary payments of £100 pcm £xxx is being withheld in fees

As you are making voluntary payments they may decide that was OK.

 

If on a low wage or certain Benefits then you may apply to have the fees waived. See Forms EX160a & 160c for details. All forms available from the HMCTS website.