Marstons (High Court Writ) - Bailiffs after me!

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Slinkster
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#1 Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 07 Feb 2015 23:41

I hope someone can help me with this... It's distressing and I'm alone and severely depressed. I'm sorry it's so long, I just wanted to get it all out, to see if you could help.

My vet insurer wouldn't cover my cat's emergency fees 2 years ago (about £3000) as they deemed it pre-existing, but the animal hospital said not to worry and that I could pay in installments. I was on incapacity benefit (long term ill health) and struggled to pay £100 a month for 6 months but managed it. After those 6 months the animal hospital called and told me I had to pay the remaining balance in full and they wouldn't accept any less. I explained my financial situation but they insisted and I told them I couldn't. Instead of continuing to pay what I could, I just stopped paying, stupidly assuming they would back down and let me carry on paying £100 pm until paid. They didn't. It escalated.

I moved house in the June and remember receiving something there not long after I moved in, either in the post or forwarded from my old address, to do with this debt and the courts (official court papers) but I don't recall responding to it. I was severely depressed then, things are fuzzy, and I mostly either left letters unopened or put them in a drawer and pretended they weren't there...

I had to move house again and a day or two before I moved I got a letter through the door of that address from an enforcement agent (can't remember if it was Marstons then too) saying they had been and they were going to take control of my goods to pay the debt. I called the number on the letter (called the company itself, not an agent) and told them I was on a low income (by now I was working part time, about minimum wage, but it was around the same amount that I had gotten on incapacity benefit so my financial situation hadn't actually changed). I asked him to agree to a monthly amount (and if it was £100 pm I would find a way, despite not being able to afford this and I would pay it every month without fail). The guy laughed and said they wanted it in full, they were not budging. I figured well, they won't find me anytime soon at my new address that i was moving to, which would give me more time to figure something out, try and get a better wage etc or sell stuff (I still have long term bad health and struggle to work 14 hours a week but I do because I have to)... (Note here, that they did not means test me, which I know now - from reading so much on this site - is wrong).

So I moved to a different town in October... 2 or 3 weeks ago I got a letter through the door - it was hanging half in, half out of the letterbox (after I'd heard someone banging on the door and windows and didn't answer). I know only 2 people here and my landlord, and they would have called me if they'd needed me, so I left it and crept downstairs later to see... The letter was from a Marstons enforcement agent... Saying they had a High Court Writ of Control and they would take my goods to pay for this debt if I didn't clear it now. The letter said I owed about £3,300 including their fees and interest. I went into a bad depression and hid away, making sure the doors and windows were all locked and didn't answer the door etc.

I don't know how they got my new address as I've kept it private.

2 days later I got a letter from Marstons saying the enforcement officer had been and that I should know that my property was bound by law and I wasn't allow to dispose of any of it and that they have a duty to seize my property.

Yesterday an enforcement agent turned up again. Again I didn't see them, I haven't spoken to them once. I was in bed and was actually too scared to go downstairs. They banged on the door, rattled the letterbox and the sounds I also heard sounded like they had their hands through the letterbox (probably fishing for keys that they thought I may have left in the lock?) then more letterbox rattling and then pulling up and down on the door handle really hard and fast, maybe to see if it would open - they were definitely trying to force the door open :( Then I heard keys being put in my lock, and I had a horrible thought that my landlord was letting them in or something. But no, they just seemed to try different keys in my lock (which could have messed up my lock)... Then they put a letter in the letterbox (again, hanging half in half out, probably so they could check back later) saying the total was now £3917.11 including their enforcement stage 2 fee.

I just checked my credit report and it says the judgement is for the address that I moved to in June (not the address I'm at now - so does that mean they have to reapply for enforcement because it doesn't have my old address on any of their letters, the old address where the judgement was sent to?) Also my credit report says the amount outstanding is £2647 (which I assume includes court fees) and says the judgement date is Sept 1st 2014.

To go from £2647 to £3917 for 3 or 4 letters and 3 visits in total where they haven't ever seen me or spoken to me is shocking. It has honestly made me more suicidal. Plus it's obviously more than 5% of the original judgement which isn't allowed... and they state they are charging me daily interest.

Reading this site has helped. I understand more and I understand more of my rights. There are certain things I know I can now do, like because I'm on a low income I receive housing benefit and have a history of depression and suicidal thoughts so I will be classed as vulnerable. I can put the notice on my door (NTPNTL). I can make a formal complaint about not being means tested. I can print off the N245 to give me more time to pay. I've never been given an enforcement letter personally as I have never spoken to them here (just the one call from a past address where they laughed at me) or seen them or acknowledged their presence, just hid - it's always just been posted through the door. Does this matter?

I checked to see if they have a current bailiff's certificate and there is this person's surname (they didn't put their full name on the letters) who works for Marston in the area with a certificate so I presume that's all kosher.

Right now the thing that is worse, is hiding in my home, with all the curtains shut, afraid to go outside (I work online so I don't need to except for food shopping etc), afraid to answer the door, afraid to look out the window, terrified when I do go out that I haven't locked the door properly and they'll get in.. Scared when I go to sleep... I't's just constant terror and depression and shame and it is SO much worse for a single person who lives alone...esp as they tried to force their way in thinking I wasn't home as I hid.

What can I do about this, apart from hope that I can somehow sort it soon, at some point, and ask relevant people to please be quick as I'm vulnerable? Are there any forms or avenues I haven't thought about? I called StepChange but they just said to ignore the bailiffs and don't let them in and advised me to go bankrupt (which I think is a terrible idea)... I can't pay and reclaim, I have nowhere to borrow this money from and believe me I have tried. The fact that it escalated to a CCJ because I was too depressed to sort out anything financial out at the time means my credit is now screwed and I have been turned down even for 50%+ APR loans to try and pay this debt (also something I realised would be stupid anyway - it will make a bad situation terrible as I won't be able to afford the loan repayments).

I continue to struggle with my health and trying to manage on a low income, working part time. I have always intended to pay this debt. The animal hospital saved my pet's life and I am indebted to them, let alone owe them what's left of the debt... But I struggle to pay normal bills let alone this huge sum... I just want a bit of time and a reasonable monthly amount and I will pay it!!

I know from being on this site today I am on the right track now, and I am so grateful, but is there anything else I can do? I can't afford the telephone consultation or the money to download certain forms, but am grateful for all the free stuff on here anyway. Sorry for going on... It's tough right now and just being able to talk about it is a bit of a relief...

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#2 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by jasonDWB » 08 Feb 2015 09:20

The writ cannot be executed because the address is wrong. As far as the law is concerned the bailiff cannot take control of goods or enter your current address. This article explains it well.http://www.mablaw.com/2010/06/enforcement-officers/

I wouldn't worry about the high fees. All HCEOs try it on by defrauding their victims with fees not prescribed by law. Section 4 of the Fraud Act 2006

Provided you have no car outside then nothing in legislation enabled bailiffs to break entry to a private home. If you don't give your name then there's not much a bailiff can do.

A bailiff cannot use a landlords key to enter a tenants property nor can he interfere with the normal operation of locks. If the key is in the lock, he can open the door using the key. He cannot go through a cat flap and pull the key from inside. He cannot enter through a window - even if it is open.

You might qualify for fee remission do do a form N244 and apply for the writ to be set aside on the grounds you were unaware of the original judgment, or an N245 to ask for more time and explain your circumstances.

Run the High Court enforcement compliance check.
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Slinkster
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#3 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 08 Feb 2015 14:15

Thanks for taking the time, Jason!

If the writ cannot be executed because the address is wrong, does this mean I should contact Marstons stating this fact so that they leave me alone? And in the meantime I'll get the ball rolling elsewhere. Or do I just tell them so if I ever see them? I'm just so sick of hiding away scared... Plus my cats miss looking out of the window because the curtains are permanently shut (and I can't have a cat flap so I used to leave the door wide open for them to let themselves back in from the front or back and of course now I can barely open my door let alone leave it open)... I feel sorry for them as well me!

Definitely trying not worry about the high fees and sick to my stomach that they do this to people who clearly can't afford them (because there must be so many where cases people get in this situation because they can't pay the bill in the first place let alone more extortionate fees).

I'll remember to not give my name...

I wish I'd had recording equipment so I could have left a camera recording them trying to force my front door open. It was awful, I was so scared they would get in. I now have the camera on my phone ready, and space to film stuff if needed.

I'll do N244 and N245 and explain my situation at the time and now. I do want to pay this debt.

I did the compliance check yesterday. The things that flagged up:

- I've never been given an enforcement notice in person, just found them posted through the door
- I've moved address and didn't want them to know (but somehow they found out even though I didn't even tell most people I know that I moved to a new town)
- I accept the debt and need more time to pay
- I am a vulnerable person
- Twice the enforcement letter here was half in, half out the postbox and also a letter that said it was from Marstons' Birmingham office was half in, half out too even though my postman never just leaves letters hanging (made me think the agent had printed it off and left it instead of it being posted to me)
- The letters state I'm being charged interest

Thanks for reading xx

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#4 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by jasonDWB » 08 Feb 2015 14:58

If you are scared in your own home because of non compliant enforcement action then Have your mobile phone camera set to record video. Wear it on a lanyard around your neck with the camera facing outwards. If you get trouble then call the police on 999 and hand a copy of this document to a police officer through a window making sure you get it on camera. Try to capture everything on video without the bailiff knowing.

If the bailiff gets shouty or kicking the door then he commits an offence under section 4 of the Public Order Act 1986 and it is the bailiff the police must place under arrest and your video can be given in evidence.
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#5 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 08 Feb 2015 16:09

I now have the camera on my phone ready, and space to film stuff if needed. Will dig out a lanyard too.

If the writ cannot be executed because the address is wrong, does this mean I should contact Marstons stating this fact so that they leave me alone? And in the meantime I'll get the ball rolling elsewhere. Or do I just tell them so if I ever see them?

Thanks again.

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#6 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by jasonDWB » 08 Feb 2015 16:26

No. That will aggravate Marston even more. They will say things like you shouldn't be seeking advice on the Internet and contact a solicitor etc. If they break the law you need it on film and you can then throw him off the premises and you are not guilty of an offence. Only the HCEO is guilty of an offence.
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#7 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 08 Feb 2015 16:29

Great, thanks for clearing that up!

It's always handy to know your rights!!

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#8 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 08 Feb 2015 22:13

Just a quick ask about the NTPNTL I have printed out to put on my door and window.

It says at the bottom:

cc name of council/authority/court (delete as appropriate

Do I need to fill this in, with the name of the relevant court that made the judgement?

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#9 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by jasonDWB » 08 Feb 2015 22:25

No, it dcoesn't matter.

The Notice to Leave only works with bailiffs that do not have a valid writ.

As the writ has the wrong address on it, its as useful as a wet paper bag. You can physically throw the bailiff off the premises unless he produces a valid warrant with your correct address, and even then you can do an N244 and apply for a set aside.

If the bailiff calls police ans you are threatened, we have a way of dealing with that.
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#10 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 08 Feb 2015 22:33

Thank you so much. Baby steps started and I aim to complete grown-up steps asap!! I'll let you know the outcome :)

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#11 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 08 Feb 2015 23:10

Another ickle question, as I didn't find the answer when searching.

If my current credit report (that I got on Noddle) says the judgement is for that old address, will it just update automatically with my new address if the agent goes to the court and says I've moved?

I know I owe the debt, but the old address means the enforcement isn't valid right now, but could the agent just contact the court and say I've moved or could they have already contacted the court?

Just wondering how I find out that the writ is valid and enforceable at my current address!

I know... I'm a born worrier (not warrior unfortunately)

x

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#12 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by jasonDWB » 09 Feb 2015 07:25

I don't know enough about credit reference agencies. Just get a £2 statutory report without giving and new information about yourself to them.

Template.
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#13 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 09 Feb 2015 20:15

Noddle are totally free to use and recommended by debt charities, so i use them instead of Experian etc (although I know you only sent me the £2 template). Noddle's FAQs also have a £2 update link, but they state that "Lenders (who actually own the credit account information) update our records every month and we’ll show this updated information on your report when we get it". So the writ with my old address on was at least up to date a month ago...

Can I call the courts and ask if my address is the old one? Or just leave it while I sort out the N244 and N245 ...

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#14 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by jasonDWB » 09 Feb 2015 20:33

You can try. But if the address is wrong then N244 it sayng you were unaware and set aside the writ and if neede, set aside the original judgment.
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#15 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 09 Feb 2015 21:15

Will do. Thanks again.

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#16 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 14 Feb 2015 21:44

I've been to sick to go out to a post office to send off forms N244 and N245, but these will be posted Monday.

In the meantime, I put up the NTPNTL in a couple of places including the front door. The enforcement agent turned up again, completely ignored the NTPNTL and hammered on the door. Left a letter half in/half out of my letterbox to say they 'can come back with a locksmith and force entry into my home unless I contact them immediately'.

I read that this is just a scare tactic and not legal except certain rare cases (and my debt isn't relevant to this, as it isn't a rent or council tax debt). Am I right?

They shouldn't be allowed to get away with this...

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#17 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by jasonDWB » 14 Feb 2015 21:45

Breaking entry with a locksmith is only done with unpaid court fines. Nothing in regulations enables an HCEO right of audience in a magistrates court to apply for a warrant of entry.

If you have been threatened with a locksmith insinuating he will break entry to a domestic premises without a valid levy or without permission from the court, then the bailiff commits an offence of Fraud by False Representation

A warrant of control ONLY enables bailiffs to take control of goods. If the bailiff wants to break open the debtors home, that authority has to be obtained separately. Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

There is no legislation enabling a bailiff to break open a debtors property unless he is executing an eviction order, or the property is a commercial premises.

Bailiffs collecting court fines use calling cards posted through the letter-box insinuating that "entering by force" under Paragraph 18(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 amounts to breaking entry with a locksmith. That advice is not right. Under Paragraph 18(a), a bailiffs must have a warrant of entry issued under Paragraph 15 of the Schedule. All three sub-sections of Paragraph 18 must be met before a bailiff can force entry. Make the bailiff produce the warrant under Rule 52.8(2)(c) of the Criminal Procedure Rules 2014. A bailiff might try showing you a FORGED warrant. Here is how to tell if the warrant is forged.

The law says a bailiff can open an UNLOCKED door and walk in, Regulation 20 of the Taking Control of Goods Regulations 2013 or paragraph 59 of the Taking Control of Goods: National Standards 2014 A bailiff cannot break entry unless he has permission of the court. Paragraph 15(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and the bailiff must carry it with him to be shown on demand, Paragraph 26(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Get him to produce it, here is a template.

If the bailiff is unable to produce evidence of his right to enter by force or use a locksmith, then you have proven the bailiff has committed fraud by threatening you with a locksmith when he did not have permission from the court to enter by force or use a locksmith and you can report it to police.

For the definitive guide to bailiffs and breaking entry, see Paragraphs 14 to 30 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. A bailiff must make an application before a magistrate under Part 10 of the Criminal Procedure Rules (Amendment) 2015) to obtain a warrant of entry. This rule ONLY applies to criminal fines, and not for any other type of debt.

If you find a court manager pretending to have the same authority of a court or District Judge to issue a "warrant" to break entry then contact us. Court staff do not have any such power, and needs to be investigated by the Parliamentary Ombudsman
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#18 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 14 Feb 2015 22:19

Thanks Jason!!

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#19 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 15 Feb 2015 21:25

I printed out the N245 but it doesn't say where to send it to/hand it in?

Also this page has a link for the N244 but it doesn't work:

http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm

I found it here http://hmctsformfinder.justice.gov.uk/c ... 44-eng.pdf by Googling, but that doesn't say where to send it to either?

I'm trying to find out the answer on Google but no luck yet...

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#20 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by jasonDWB » 15 Feb 2015 21:28

You send it to the court that issued the writ. If you dont know the court then ask the bailiff and record the call using an app. If the bailiff is obstructive then send it to the Strand and add a note, saying the enforcement agent refused to disclose the name of the issuing court - and name the bailiff.

Don't say you are doing an N244, he'll come round.

That way if there is a delay in getting your set aside because the bailiff was obstructive, you can sue the creditor for damages. You will need the recording on your phone to prove it.

The links on DWB point to the HMCTS leaflets and forms page. They probably moved things around - again!
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#21 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 15 Feb 2015 21:31

As I don't have a copy of the writ, I checked my credit report, which just says 'Court Name - County Court Money Claims Centre'!!

I just found their phone number so I'll call tomorrow and ask where to send it to...

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#22 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 15 Feb 2015 21:40

These forms are just so alien to me :( I've just read the accompanying notes to the N244 and it still makes no sense.

I don't have a claim number or fee account number or warrant number... It wants the claimant's name - is that the company I owe the money to? And the defendant's name - is this me?!

It asks what order am I asking the court - I presume this is 'a set aside of the order'.

It asks if I am applying a draft of the order. What order?! Is this the writ?

How do I want the application dealt with and how long do I think this will last...

What level of Judge do I need?

Who should be served with this application?

What's the service address (it says give the service address of any party other than claimant or defendant - is this Marstons?)

What info am I relying on (my statement only I guess)

Oh my goodness... They don't make it easy ,do they. I need a representative of some kind!!!

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#23 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by jasonDWB » 15 Feb 2015 22:03

You dont need reps to do this.

I should make is clearer on DWB. Cus we do this stuff almost every day its second nature so we forget the first timers.


Slinkster wrote: I don't have a claim number or fee account number or warrant number... It wants the claimant's name - is that the company I owe the money to? And the defendant's name - is this me?!
Claim number, writ number if known.

You are the defendant.

The claimant (sometimes a plaintiff) is the company.

Slinkster wrote: It asks what order am I asking the court - I presume this is 'a set aside of the order'.

Order as per attached statement.



Slinkster wrote: It asks if I am applying a draft of the order. What order?! Is this the writ?
Tick no.

Slinkster wrote: How do I want the application dealt with and how long do I think this will last...
5 minutes

Slinkster wrote: What level of Judge do I need?
District


Slinkster wrote: Who should be served with this application?
The claimant
The enforcement agent

Slinkster wrote: What's the service address (it says give the service address of any party other than claimant or defendant - is this Marstons?)
Marston, PO Box, is OK, the court will requisition their service address.

Slinkster wrote: What info am I relying on (my statement only I guess)
Statement. Here is a Template.
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#24 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by charleigh » 17 Feb 2015 16:17

hi ya just phonix bailiff from high court at my door . asking for 650 for no paymont of council tax . he said he will not take a payment plan . and i have nt got any think worth that amount . im on binfits and have a child . he not working with me at all he says that iv had 7 letters and that i spoke to someone but i cnt rember someone comeing to the door and i have not got any letter what cn i do that s

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#25 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by jasonDWB » 17 Feb 2015 16:37

If you have young children, single mum on benefits, the bailiff is the one with the problem, not you.

There is no heaven on Earth you are are going to trump up that kind of money.

Just keep them out of your house. The bailiff will have to return the case back to the council. They will have to sort this out themselves.
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#26 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 20 Feb 2015 10:03

Me again Jason...sorry...

Finally have N244 and N245 done to the best of my ability.

Called County Court Money Claims Centre and they said I am wrong about the set aside, what I need to do is a 'stay', because I don't dispute the bill, I owe the debt and just need more time.

So, can I just scribble out what I put in my statement that said I need a 'set aside' and change it to 'stay'?! I said I'd been advised to do a set aside and she said no way, not if I don't dispute the debt...

Also, I asked about where to send them to. She said the N244 and fee remission form EX160a I need to urgently go to my local country court in person with them. I asked if she was positive as this is a high court writ. She said definigely.

Then she said I have to send in the N245 to the County Court Money Claims Centre address IF the country court won't take it...

Does this sound right? She wasn't sure about several things and kept going off to speak to a manager to clarify....

I'm well enough to go out to the post office or the court now and while I am I just need to know I'm doing it right, as I am way too stressed out for any more upset... I am at the end of my tether (HCEO still completely ignoring the NTPNTL and the person I spoke to today said yes the writ is definitely at the old address, not where I live now, so the HCEO is ignoring that fact too still)...

Thanks for listening xx

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#27 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by jasonDWB » 20 Feb 2015 17:36

Yes a stay and a variation is done on a form N245. Here's how it's done.http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm
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#28 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 19 Mar 2015 21:02

Hi Jason, meant to update sooner but it's been one thing after another. No-one at the court has been able to speak to me so I've had to wait (and wait and wait) for their letters.

I contacted my local court and they said to get the forms in asap (I completed the N244 and N245). 11 days later I got a letter from them asking for more evidence that I was self-employed so that I didn't have to pay the N244 fee (even though they had my bank statements, my actual tax number, the details of the business and I'd had to sign an extra thing at the court office to state that I 'really was self-employed' but had no recent tax returns etc as I only started as self-employed less than year ago).

I managed to get more info and took it in the next day with a note asking why I hadn't been asked for this for the N245 as well, as that hadn't been mentioned. They wrote back later that week (again ignoring my urgent plea) stating that they could now confirm that I was self-employed and that I didn't have to pay the fee for the N244 but that I had been wrong in sending in the N245 - 'it wasn't necessary and I didn't need to do it'. Er, who are they to judge if it is necessary that I ask for the warrant to be suspended?! Anyway, still can't get to speak to anyone about that, which is crazy.

I haven't actually had any bailiff letters for a while now, though and I haven't head any visits either (while I was home anyway)...

Then today I got a letter from the courts stating that my court hearing is this Tuesday and that I should attend for 20 minutes. I don't know what to do, what I'll need to take or say, what'll happen there... It just came out of the blue (I asked for any hearing i.e. a telephone hearing/without a hearing/with a hearing and said 5 minutes, so didn't actually expect to have to go to a hearing myself...

Please give me some advice of what to expect and what I may need to do. Do I need to take evidence of anything? Do I need to ask for a solicitor or anything??

I'm freaking out a bit here....

Also when I get there do I need to mention the N245 and state that I DO actually need it, as until that warrant is suspended I can't sleep or rest properly, can't park my car at home and need some kind of comfort that if the bailiffs appear again I can legally tell them to get lost?

Thanks for listening :)

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#29 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by jasonDWB » 20 Mar 2015 07:38

Just go in and answer the questions. It's nothing formal. A judge sitting at a T-table. Speak the truth and all will be good.
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#30 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 22 Mar 2015 18:59

Thanks, will do that.

Do you have any advice about the N245 issue? You said I need the N245 done to stop the bailiffs, but the court said it's not necessary. Can I mention this at the court hearing? SO confused :(

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#31 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by jasonDWB » 22 Mar 2015 21:07

If a bailiff turns up. Keep him out and tell him you have a court date and he should contact his client for further instruction.
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#32 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 23 Mar 2015 20:22

Thanks Jason.

Was all prepared to go in and just chat to the judge/tell the truth, but I got this in my email:

"We are instructed to act as the solicitors and attach herewith the following :

1) our firm's letter dated 23 March 2015;
2) Notice of Change of Legal Representative;
3) Written Submissions; and
4) Statement of Costs."

The attached 12 page document states various things like I didn't submit evidence to prove I didn't receive the original claim form (how on EARTH could I prove that?) and that the claimant would be prejudiced if they set aside my default judgement. If I can't pay it all in one go - which can be proved by my financial situation - but I have admitted ownership of debt and agree to repay back over time, surely it could be set aside to allow this?? Can/will the judge say no to me even though I am suffering obvious financial hardship?

Also things like my conduct should be taken into account, in that I did not 'bother' to lodge an Acknowledgment of Service (I don't what that is - I'm not a f****ing lawyer) and I did not 'bother' to raise my defence (I supplied a two-page explanation with the N244 - is that not my defence?)

They've also added on (at the bottom of the letter) nearly £500 in fees!!!!!! £106.25 of that is for the privilege of the 'letter' which I received by email. Unreal.

Needless to say I am now panicking about my hearing tomorrow...

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#33 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Slinkster » 23 Mar 2015 20:24

unable to edit so adding this - just thought - I asked for stay, which gives me longer to pay, not a set aside, so why on earth would the solicitor for the claimant be stating i shouldn't be given a set aside? i didn't even ask for one!!!!!!!!! idiots...

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#34 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by jasonDWB » 24 Mar 2015 20:19

Confirm. This is a hearing for a form N245 application for a stay and a variation?
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#35 Re: Marstons (High Court Writ) - Bailiffs after me!

Post by Butter1989 » 06 May 2017 14:42

Really does make me laugh reading all these and so much false information on here and shit advice if you want real advice get a solicitor that deals with them sort of circumstances because you will get your self in ferther trouble

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