Marston! Notice of enforcement. Please Help!

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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Lovemybabies3
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#1 Marston! Notice of enforcement. Please Help!

Post by Lovemybabies3 » 05 Feb 2017 21:20

Someone please help!... I hope I have posted in the right place.

So, on Friday I had a letter through the post From Marston, stating 'Notice of Enforcement'. Apparently it was from a CCJ that was transferred to the high court on 9th December 2010. I knew nothing about a CCJ. I have checked my credit file and nothing is showing, I also did a check on the Registry Trust Limited and nothing is registered for me. I have until 5pm on the 13th February to make payment! I haven't a clue what to do? I have worried myself stupid over this all weekend. I am a single-parent, I work part-time and I'm scared stiff of someone banging on my door when I'm home with the children, I wouldn't have a clue what to do. I'd really appreciate if someone could steer me in the right direction as to what to do.

Many thanks in advance.

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#2 Re: Marston! Notice of enforcement. Please Help!

Post by Michelle » 05 Feb 2017 23:58

Lovemybabies3 wrote:
05 Feb 2017 21:20
Someone please help!... I hope I have posted in the right place.

So, on Friday I had a letter through the post From Marston, stating 'Notice of Enforcement'. Apparently it was from a CCJ that was transferred to the high court on 9th December 2010. I knew nothing about a CCJ. I have checked my credit file and nothing is showing, I also did a check on the Registry Trust Limited and nothing is registered for me. I have until 5pm on the 13th February to make payment! I haven't a clue what to do? I have worried myself stupid over this all weekend. I am a single-parent, I work part-time and I'm scared stiff of someone banging on my door when I'm home with the children, I wouldn't have a clue what to do. I'd really appreciate if someone could steer me in the right direction as to what to do.

Many thanks in advance.
The reason the CCJ is neither on your credit file nor on the Registry Trust is that CCJs drop off the record after six years. If it was transferred to the High Court in December 2010, that means it was recorded earlier than that and it's dropped off.

If the creditor did not enforce a judgment in the first six years, it cannot be enforced now. Can you post a redacted copy of the letter you received?
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#3 Re: Marston! Notice of enforcement. Please Help!

Post by Lovemybabies3 » 06 Feb 2017 00:17

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#4 Re: Marston! Notice of enforcement. Please Help!

Post by Lovemybabies3 » 06 Feb 2017 00:18

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#5 Re: Marston! Notice of enforcement. Please Help!

Post by Schedule 12 » 06 Feb 2017 10:20

Lovemybabies3 wrote:
05 Feb 2017 21:20
Someone please help!... I hope I have posted in the right place.

So, on Friday I had a letter through the post From Marston, stating 'Notice of Enforcement'. Apparently it was from a CCJ that was transferred to the high court on 9th December 2010.
Confirmed. Its statute barred.

Section 2 of the Limitation Act 1980 states:

  • Time limit for actions founded on tort.

    An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.


I knew nothing about a CCJ. I have checked my credit file and nothing is showing, I also did a check on the Registry Trust Limited and nothing is registered for me. I have until 5pm on the 13th February to make payment!
You will have to apply to stay the writ. The good news, is you can apply for your costs because the court has made the rrro by transferring an expired judgment. The creditor pays.

Here is how to apply for a stay of execution.

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

Your grounds: The judgment giving rise to the writ of control, had expired under section 2 of the Limitation Act 1980 and you apply for your costs.
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#6 Re: Marston! Notice of enforcement. Please Help!

Post by Lovemybabies3 » 06 Feb 2017 10:29

Thank you for your reply.

I may sound daft, but I just don't understand any of this and wouldn't know where to start... I'm really panicking as I know I haven't got a lot of time until one of these thugs turn up on my doorstep.

I have read somewhere about sending 'prove it' letters, in this case would it be pointless? Also, is it worth me ringing to court who apparently issused it?

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#7 Re: Marston! Notice of enforcement. Please Help!

Post by Schedule 12 » 06 Feb 2017 10:43

Prove it letters are what's used on debt collectors.

The only way to stop a writ is to apply to stay its execution (to stop the enforcement).
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#8 Re: Marston! Notice of enforcement. Please Help!

Post by Michelle » 06 Feb 2017 11:35

jasonDWB wrote:
06 Feb 2017 10:20
Confirmed. Its statute barred.

Section 2 of the Limitation Act 1980 states:

  • Time limit for actions founded on tort.

    An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.
We don't know whether the action giving rise to the judgment was brought on tort or on contract, however, that section of LA 1980 applies to taking action to obtain a judgment, not to enforcing one that's already been obtained. In this case, it would be s.24 LA 1980:
24 Time limit for actions to enforce judgments.

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.
Permission from the court is required to enforce a judgment over six years old under RSC Order 46, rule 2(1)(a). The court will ask for the reasons for the delay. It should be noted that, in Lowsley v Forbes, the House of Lords ruled that the application to set aside made on the basis of statute barred under s.24(1) LA 1980 should be refused, because execution was not a fresh action and s.24(1) does not apply to proceedings by way of execution of a judgment in the same action, the expression ‘action upon any judgment’ in s24(1) means, as it did in s2(4) of the 1939 Act, bringing a ‘fresh action’ upon a judgment for another judgment. It did not include the execution of an existing judgment, which could proceed despite the expiration of more than 6 years from the judgment.

In this case, the House of Lords took into account the fact that the creditor didn't know the debtor's whereabouts or the location of his assets, otherwise the ruling could have been different.
jasonDWB wrote:
06 Feb 2017 10:20
Your grounds: The judgment giving rise to the writ of control, had expired under section 2 of the Limitation Act 1980 and you apply for your costs.
It would be s.24(1) LA 1980. rather than s.2.
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#9 Re: Marston! Notice of enforcement. Please Help!

Post by Michelle » 06 Feb 2017 11:38

Lovemybabies3 wrote:
06 Feb 2017 10:29
I have read somewhere about sending 'prove it' letters, in this case would it be pointless? Also, is it worth me ringing to court who apparently issused it?
Prove it letters are sent in response to demands for payment when no judgment has been obtained. You could try contacting the court to see if they still have a record of the judgment.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

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#10 Re: Marston! Notice of enforcement. Please Help!

Post by Lovemybabies3 » 06 Feb 2017 11:48

I just have no clue where to start? I've been worrying so much all weekend. I don't understand any of the legal stuff at all, it just doesn't make sense to me.

Where do I send that N244 form to and what is the likelihood of them going in my favour? Would it be dealt with before the 13th February? Do I ring the County Court Bulk Centre, as that's where they said it was obtained?

Sorry for all the questions, but I'm just so clueless to it all.

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#11 Re: Marston! Notice of enforcement. Please Help!

Post by Schedule 12 » 06 Feb 2017 12:39

Do you want me to refer you to a solicitor?

You can ask for your costs, so, at least in theory, it should cost you nothing.
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#12 Re: Marston! Notice of enforcement. Please Help!

Post by Lovemybabies3 » 06 Feb 2017 12:40

Okay, so I rang The Northampton Court and spoke to a chap. He said the claim is on records, but not at my current address, nor my previous one, but the one before that. It was to do with a Tenancy Agreement. I admit that I left the property without any warning to the landlord, but I had good reason to - the place was covered in mould and on numerous times I had asked him to sort this, but he never did. At the time my Son, who has severe asthma was very poorly and I knew him living in that environment was not helping him at all, so I left.

Where does this leave me now? Please if someone could advise me I would be most grateful.

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#13 Re: Marston! Notice of enforcement. Please Help!

Post by Schedule 12 » 06 Feb 2017 12:57

The judgment is out of time. You can apply to stay the execution of the writ.

I could spell out the procedure but its a long forum post. Something more suited to the members board.

I don't want the procedures given out in public. Bailiffs read these boards and will try to create a procedure to defeat it.
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#14 Re: Marston! Notice of enforcement. Please Help!

Post by Lovemybabies3 » 06 Feb 2017 13:00

Is that what I would put on my form, that the "judgment is out of time?"

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#15 Re: Marston! Notice of enforcement. Please Help!

Post by Schedule 12 » 06 Feb 2017 13:43

When its less busy tonight, I'll spell it out.

I run a helpline for people with bailiff problems, I have to give their work priority.
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#16 Re: Marston! Notice of enforcement. Please Help!

Post by Schedule 12 » 06 Feb 2017 13:44

Amy, can you set up a members thread and give access?
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#17 Re: Marston! Notice of enforcement. Please Help!

Post by Pote Snitkin » 06 Feb 2017 18:39

Jason, surely it's more accurate to say this debt isn't technically statute barred as the CCJ is already in place. However, seeing as no enforcement has taken place for over 6 years, the court would need to give permission to allow enforcement to continue. It needs to be established whether this has happened.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#18 Re: Marston! Notice of enforcement. Please Help!

Post by Lovemybabies3 » 06 Feb 2017 19:12

This is all just too confusing for me. I honestly just don't know where to begin? I'm sick to the stomach with worry.

How would I find out if they have had permission to enforce this?

If they have had, what are my options?

If they haven't, can I do something to stop it?

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#19 Re: Marston! Notice of enforcement. Please Help!

Post by Lovemybabies3 » 06 Feb 2017 19:13

I appreciate all your help so far, thank you.

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#20 Re: Marston! Notice of enforcement. Please Help!

Post by Schedule 12 » 06 Feb 2017 20:32

Pote Snitkin wrote:
06 Feb 2017 18:39
Jason, surely it's more accurate to say this debt isn't technically statute barred as the CCJ is already in place. However, seeing as no enforcement has taken place for over 6 years, the court would need to give permission to allow enforcement to continue. It needs to be established whether this has happened.
I understand a CCJ is barred from enforcement unless a writ is obtained before a period of 6 years has lapsed. If a writ was issued before the lapse then the writ extends the revivability of the debt to a period of 6 years from the issue date of the writ.

I got that information from a solicitor, but I don't know what legislation provides for the extension.

I can research it if it's needed for a legal argument statement. I know it was used in a proceeding involving an HCEO enforcement case (Court Enforcement Services Ltd) where the judgment debt lapsed before the writ was issued causing enforcement to fail.
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#21 Re: Marston! Notice of enforcement. Please Help!

Post by Pote Snitkin » 06 Feb 2017 20:45

The only thing that comes close is s24 of the LA1980:

24 Time limit for actions to enforce judgments.

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#22 Re: Marston! Notice of enforcement. Please Help!

Post by Schedule 12 » 06 Feb 2017 20:51

That much I did know. But I don't what legislation extends it when a writ is issued in connection with it.

Lovemybabies3's judgment was already out of time when the writ was applied for, so she only needed to stay the writ on the grounds the judgment could not be revived.

As this is Court Service error, she can claim indemnity costs against the creditor. The creditor can sue the enforcement company because it completed the transfer up form after the judgment had lapsed.
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#23 Re: Marston! Notice of enforcement. Please Help!

Post by Lovemybabies3 » 28 Apr 2017 14:04

Hello, me again...

I know it's been a little while, but I could do with some advice please.

So this is still on-going. I have now got a hearing date in my local county court for the case. However, I'm now concerned that I have applied to do the wrong thing.
When I first received that Notice of enforcement from Marston it was the first I'd ever seen anything relating to it. Even now I still haven't seen any paperwork regarding this CCJ at all. I took advice from someone whom I thought knew what they were doing, and with me not having a clue about anything, I kind of just let this person sort it out for me.

She said, apply to the court to 'stay the writ and vary the order', which I did. But now after reading up a lot about this sort of stuff I should of really applied to 'stay the writ and set aside' on the grounds of not having a clue about the judgement in the first place. Now I'm stumped as to what to do :-/ I'm worried that I have basically agreed to paying over £4000 for something that I never had a clue about, and that I still haven't seen a break down of what the actual judgement was for.

Is it too late for me to apply to set aside the judgement now I've got a date for a hearing? I just don't know what to do :-/ it is all so confusing!

P.S. A Marston bailiff attended my address a week after (on a Saturday) the debt "should of been paid"
I was actually at work but the person who was taking care of my children answered the door, he was apparently very pleasant. He asked for me, she told them I was working and then left a letter - with huge amounts of more fees added to the debt. So now it's at £4240! As I've applied to vary the order, am I now liable to pay that sum above? That bailiff said he would be back, but so far has never returned. That to me I can't understand either as these sort of people rarely give up until they've got their money do they?

Any advice would be gratefully received, thank you.

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#24 Re: Marston! Notice of enforcement. Please Help!

Post by Schedule 12 » 28 Apr 2017 14:45

You can't make this application in a county court. It does not have jurisdiction.

Only in a high court district registry. It's a form N244 and apply to stay the writ and set aside the judgment. You can do this same day in London at the High Court East Wing on the Strand. Ask for the Masters Corridor and go before a Master to have your application heard there and then.

You must show you were unaware of the debt until Marston came along. You dispute the debt because you still don't know who it's owed or why.

Ask for your costs.

When it's granted, it puts the bailiff to bed and the fees are all finished with.

If you would like a solicitor to do it for you, contact me and we can transfer the case to London and make the application.
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#25 Re: Marston! Notice of enforcement. Please Help!

Post by Lovemybabies3 » 28 Apr 2017 14:54

I don't understand how I've got a hearing at my local court for this then. How come they have that they will hear my case?

None of it adds up to me :-/ I wonder why Marston haven't been back since?

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#26 Re: Marston! Notice of enforcement. Please Help!

Post by Michelle » 28 Apr 2017 15:53

What is the hearing at your local court for?
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#27 Re: Marston! Notice of enforcement. Please Help!

Post by Lovemybabies3 » 28 Apr 2017 19:24

To have that enforcement from Marston stayed and varied. In hindsight I wish I had applied to have it stayed and set aside. But at the time I didn't understand anything and just left it to someone who I thought knew what they were talking about. Now I'm stuck as to what to do :-/ I'm still confused as none of it adds up to me.

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#28 Re: Marston! Notice of enforcement. Please Help!

Post by Schedule 12 » 02 May 2017 13:51

What action do you want to take?
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#29 Re: Marston! Notice of enforcement. Please Help!

Post by Lovemybabies3 » 02 May 2017 14:41

I'd quite like to see what the original judgement was actually for, and to have a chance to defend it. As currently, according to that hand delivered letter it's standing at over £4000, I don't understand how it's at that figure (guessing fees?) I now fear that I have just gone about it all in the wrong way and that I won't have my say because I've applied to Vary it, now I'll have to pay that ridiculous amount.

Is it possible that, that High Court WRIT was out-of-time and that's why the bailiff hasn't been back? Could he have been just trying it on?

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#30 Re: Marston! Notice of enforcement. Please Help!

Post by Schedule 12 » 02 May 2017 15:05

The document you uploaded is too blurred to make out the claim number. Its on the back page.

The claim number is all you need to apply to stay the execution of the writ and set aside the judgment.

If you are going it alone (not recommended), then here is how its done: http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm


Otherwise, contact me, IO can draft it all for you, and have a solicitor make the application at court. You can ask the other side to pay your costs.

You must pass a three-limb test before making an application to stay a writ.
  • 1. You DID NOT KNOW about the judgment until AFTER is was made
    2. You acted PROMPTLY when you learned of the judgment.
    3. You have a REASONABLE prospect of defending the original claim.
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