Writ of control and Marston

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Genmykins
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Joined: 25 Mar 2017 09:56

#1 Writ of control and Marston

Post by Genmykins » 25 Mar 2017 12:29

Hello,

I was after some advice.

My partner owes Southern Water money and they took this to county court, gaining a writ of control. This has been passed to Marston.

My partner proposed a re payment plan of £20 a month, he is seeking work and I am on low income. That is all we can afford. They did not accept this proposal.

I called the court and they told me Marston aren't with the court they are private. They advised me to go for a N244 form.

My partner has filed it and sent it off with his proposal (email) and in their letter declining issues the offer along with a budget sheet made by CAB showing our low income. My partner also called Southeren Water telling them Marston won't accept the offer and that he has filled the N244 form.

I emailed Marston and told them we have filed for N244 and what we sent as 'evidence'. We haven't heard anything since.

My question, are they allowed to break into our flat? We are not going to let them in.

Any advice would be appreciated!

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Pote Snitkin
The Watcher
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Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#2 Re: Writ of control and Marston

Post by Pote Snitkin » 25 Mar 2017 13:01

No, they cannot enter by force for a CCJ. Anything of value outside would be at risk, ie car, caravan etc.

Genmykins
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Joined: 25 Mar 2017 09:56

#3 Re: Writ of control and Marston

Post by Genmykins » 25 Mar 2017 15:19

Thank you for your reply.

Went I went to CAB they told me they could force their way in and I was panicking expecting them to! But after researching on web it looked like they can only do it in certain cases.

Then I found this forum and thought I would ask. We are not letting them in, they didn't accept our proposal, saying they could only do repayments after an officer had taken control of goods.

I've hardly slept worrying about this, but I feel a lot better now.

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Schedule 12
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#4 Re: Writ of control and Marston

Post by Schedule 12 » 25 Mar 2017 15:54

The CAB is sponsored by the government and their advice follows an agenda rather than what Parliament has legislated.

The only circumstances force may be used is upon application to a magistrate for the enforcement of a court fine, or a debt owed by a commercial entity and the premises is exclusively non-domestic.

There is nothing in legislation that provides for bailiffs to break entry into a domestic property for the enforcement of a High Court Writ. Bailiffs like to extend their powers so they can, but that has never been granted by Parliament. There are other circumstances, but you are very unlikely to encounter them because courts do not grant orders to break entry to domestic property. It's too risky for the bailiff and the creditor if the enforcement goes awry. Their indemnity insurance probably does not cover it. The payouts exceed the premiums and cover has been withdrawn.
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Genmykins
Posts: 4
Joined: 25 Mar 2017 09:56

#5 Re: Writ of control and Marston

Post by Genmykins » 25 Mar 2017 16:06

Thank you so much for the advice. I can stop worrying now. I thought they were doing to break in, not a nice thought!

Genmykins
Posts: 4
Joined: 25 Mar 2017 09:56

#6 Re: Writ of control and Marston

Post by Genmykins » 25 Mar 2017 16:07

*going

mitchell2002
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Joined: 09 Jun 2017 17:48

#7 Re: Writ of control and Marston

Post by mitchell2002 » 13 Jun 2017 23:47

How have you got on with the n244? I've debt with southern water too. Have you had this resolved? I'm

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