High court writ of control

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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sue398
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#1 High court writ of control

Post by sue398 » 23 Oct 2017 13:54

A few weeks ago I received a letter from Marston enforcement centre saying that I should be aware from communications left at my address that their enforcement agent has been attempting to meet with me to take control of goods under a high court writ of control. Well the first I heard of this writ of control was when I got this letter. I've not had any other letters from them before and certainly not received an official notice of enforcement. I took the letter to the solicitor who was supposed to be dealing with the original fine of 15k and they called Marston who said they would ask the enforcement agent if £800 a month would be acceptable but they never rang the solicitor back as promised. The solicitor rang again a week later and Marston said they can't get anyone to come to the business property to assess the assets because it's only open in the evening/late afternoon. It's only because of coming across this forum and other websites that I realise I should have a notice of enforcement. Their letter doesn't provide any specific details apart from the amount owed and "we have duty under the writ to seize sufficient of your property to satisfy the judgement debt and related costs".
What do you advise that I do from here? Does this all seem official?
Thanks

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Schedule 12
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#2 Re: High court writ of control

Post by Schedule 12 » 23 Oct 2017 15:55

You say its a writ of control and its a fine.

If you can identify the source of the debt, whether a fine, or a writ, then I can show you how to stop the enforcement power.

If its a writ, then apply for a stay and vary the original order or judgment: http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm

If its a fine, then here is a list of possible remedies: http://www.dealingwithbailiffs.co.uk/St ... -Fines.htm
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sue398
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#3 Re: High court writ of control

Post by sue398 » 23 Oct 2017 16:15

Hi thank you so much for a speedy response, I didn't even know it meant different things, I'm so confused with all the legal stuff I've been reading. It's a civil penalty and the claimant is the Home Office. The solicitor was supposed to get the case reviewed for a discount but never had any replies. I only got several letters from different debt recovery firms which the solicitor said to ignore. And then now I have this letter from Marston.

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Schedule 12
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#4 Re: High court writ of control

Post by Schedule 12 » 23 Oct 2017 18:36

HIde your personal details, lets see the letter from Marston.
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sue398
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#5 Re: High court writ of control

Post by sue398 » 23 Oct 2017 21:01

The amount is now nearly 20k!
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Michelle
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#6 Re: High court writ of control

Post by Michelle » 23 Oct 2017 21:26

What was that fine for? Hiring illegal immigrants?
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#7 Re: High court writ of control

Post by Pote Snitkin » 23 Oct 2017 21:32

Michelle wrote:
23 Oct 2017 21:26
What was that fine for? Hiring illegal immigrants?
I thought this wasn't a fine? Sounds more like a costs order owed to the HO after a failed court case.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

sue398
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#8 Re: High court writ of control

Post by sue398 » 23 Oct 2017 21:51

Hi Michelle, it was unfortunately. What do you think I should do?

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Schedule 12
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#9 Re: High court writ of control

Post by Schedule 12 » 24 Oct 2017 10:47

The power only authorises Marston to take control of goods. That means they want to take goods and sell them. If no goods are available, and fur such an amount, Marstons isn't likely to be successful unless you have commercial premises with plenty of stock. Marston would have already tried that and by the sounds of it, that option is not available to them.

As this is a High Court writ as opposed to a fine by a magistrates court, you can manage the debt using a raft of measures, e.g. an IVA or a Debt Relief Order, whereas a magistrates fine would be immune to such measures.

I have to admit, I have not dealt with a home office penalty before, so I need to seek advice myself, but as far as the enforcement power of concerned, you have a right to apply to stay the writ using a form N244 and apply for a variation.

It is not clear whether the liability is in a company name or the name of a person.
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#10 Re: High court writ of control

Post by Pote Snitkin » 24 Oct 2017 11:02

I've been reading up a bit - it seems that although it's a criminal offence it's usually dealt with via a civil penalty, as the OP mentioned. This is because it's very difficult to prove the employer knowingly employed an illegal worker, so they slap you with the penalty instead.

Sue - did you offer any defence to the allegation, ie copies of documents the worker gave?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

sue398
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#11 Re: High court writ of control

Post by sue398 » 24 Oct 2017 11:44

Thank you.
Liability is in my name as it's not a limited company. Would it be best to pay the whole amount if I have means to or to come to an arrangement to pay in instalments? What I want to know is would there be extra charges or interest added on if it's paid in instalments? And should I contact Marstons to do this or the Home Office? From what you're saying, this one letter from Marstons is legit even if I've not received a notice of enforcement, is that right? Are we still at the compliance stage? I don't want anyone turning up anytime soon as I'll be away for a week or so.
Defence was submitted by solicitor with copies of ID but apparently they got no replies. So the allocated time to pay had passed.

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#12 Re: High court writ of control

Post by Pote Snitkin » 24 Oct 2017 12:28

sue398 wrote:
24 Oct 2017 11:44

Defence was submitted by solicitor with copies of ID but apparently they got no replies. So the allocated time to pay had passed.
That's what you need to chase up ASAP - unless you accept you are guilty. If you have proof that you correctly followed all the checks needed then you shouldn't be just rolling over and paying the fine.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

sue398
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#13 Re: High court writ of control

Post by sue398 » 24 Oct 2017 13:30

The solicitor advised to pay it as the HO are very tough on these cases nowadays, they were only originally trying to get it reduced by 5k. It's stressing me out having this enforcement notice and threat of bailiffs and added charges/interest. I just want it over and done with to be honest and if I have to pay I'll pay it. I'm worried that if I fight it, the cost will just go up and up.

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#14 Re: High court writ of control

Post by Schedule 12 » 24 Oct 2017 14:11

Pay the Home Office the amount you were ordered to pay. That will stop the enforcement power. It leaves the fees but the bailiff cannot take an enforcement step regarding them.

If you are happy to pay thousands in fees, then you are free to pay them to the bailiff company. Once you do so, you will never be out of their debt. They will keep adding new fees on top of the old ones. That is why I suggested killing the enforcement power with an N244 application. Its the only way to be sure.
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sue398
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#15 Re: High court writ of control

Post by sue398 » 24 Oct 2017 15:44

How do bailiffs add on new fees on top of old ones? And if I pay the HO the original amount of 15k, is the bailiff fee 7.5% of anything over £1000? For some reason the sum outstanding is just over 19k but I don't know how it's jumped to that amount. I don't have a notice of enforcement or a copy of the writ so I don't know any of the court details that the n244 form requires. Do you think I should get another solicitor to sort this n244 form?

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Schedule 12
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#16 Re: High court writ of control

Post by Schedule 12 » 24 Oct 2017 16:36

You can do the N244 yourself, it's easy enough. The fees will always be artificially inflated.

They only come down rapidly when I issue a notice of a detailed assessment. I offer them to correct their fees, then I prepare a statement which attracts costs of the bailiff company does not comply.

If you would like a solicitor to represent you then contact me (link in my signature) and I'll prepare your documents and witness statement and fix you up with a solicitor.
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sue398
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#17 Re: High court writ of control

Post by sue398 » 27 Oct 2017 10:00

Thanks for your help.
I managed to get a copy of the NOE, in fact they emailed it as soon as I requested it. It seems that the bulk of the sum is the penalty plus interest that goes to the HO, and the rest is the bailiff fees which have vat added on.
I was told that I would've been sent a court summons which I certainly did not get and they said they sent the NOE in September which I also did not get. However it would be very hard to prove that I didn't receive these, so I'm told. Do you agree?

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#18 Re: High court writ of control

Post by Schedule 12 » 28 Oct 2017 19:36

You can ask for the certificate of posting that records the time and intended delivery address for the Notice of Enforcement. If the bailiff or his office failed to record the time the Notice was given by post then giving of the notice fails.
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