CCJ

[Humpy]

Hi,
hopefully someone can give me some advice ?

received a notice of enforcement this week for high court writ of control from marstons recovery for lowells regarding a ccj that was made against me in July 2012 to which I have no knowledge of until this first letter ,
I contacted citizens advice who pushed me on to national debt line the advisor didn’t help me at all just read there website word for word really, and told me to send Lowell’s a hold for action letter and bailiffs a vulnerability letter
both which are admitting to debt of £1540
so I contact Another adviser who said do nothing wait for bailiff send them away saying your seeking advise of course my minds going full throttle reading forums websites for advice, arghhhh!!
I took it upon myself to contact court regarding case and have found out original creditor is from o2 for a default in January 2013 and Lowell’s were claimant at court
i have had no correspondence from any firm with alleged debt, I am unaware that I do owe,
I was with o2 before my current company which I can see from bank statements last payment was April 2012 so unsure how seven months later a default occurs
I did move house in December 2017 after ccj but still no warning even though electoral roll, dvla, and bank etc all have current address and other creditors so still again how does this notice reach me but no other correspondence?
would really like any advice anyone can give me to what to do on this tight timescale,
many thanks

[echat11]

Hi Humpy

Are you 'vulnerable'? If so you should send the National Debt Helpline template to Marstons and Lowells, you can email it to them.

https://www.citizensadvice.org.uk/de...re-vulnerable/

https://www.nationaldebtline.org/sam...vulnerable-ew/

You can consider getting the CCJ set a side, if you can get that with the consent of Lowell's then it would cost £100, if you can't get consent, then it would cost £255. Applying to the Court.

https://www.stepchange.org/debt-info...pay%20a%20debt.

[Humpy]

Thanks for reply,
I believe I am vulnerable I am currently unable to work and haven’t worked for the last two years, I am waiting for spinal surgery due to a fracture in my back, and unlikely to be able to earn money until after my operation and recovery which is scheduled for July at the earliest and I only receive universal credit of £324 a month which has been stressful and doesn’t leave me any spare money to which I would be able to pay off this debt,
this letter I received also has made me very anxious knowing I have nothing of value if the bailiffs do come, and why I have no knowledge of any of this ordeal , would they accept this as I am vulnerable , and what would be the best Way to proceed ?
many thanks

[echat11]

You are 100% classed as 'Vulnerable Persons', do the following now:-

Are you 'vulnerable'? If so you should send the National Debt Helpline template to Marstons and Lowells, you can email it to them. If you can or want to attach a Doctors letter (up to you).

https://www.citizensadvice.org.uk/de...re-vulnerable/

https://www.nationaldebtline.org/sam...vulnerable-ew/

The CCJ is going nowhere at this moment in time, you can deal with it when you are better. This will give you time and space to recuperate.

If you get any 'nonsense' from them update the thread.

[Humpy]

So I sent the template to them , except I couldn’t make an offer so I changed it to sent alleged debt back to Lowell’s and hold action and after anxiously waiting for the knock at the door I finally received an email as follows:-

We write further to the above known matter, and we thank you for your email dated 7th March 2022, the contents of which we have noted.
Please be advised that the vulnerability regulations are only guidelines, and each case is treated on an individual bases. We have noted your vulnerabilities and our enforcement agents, who are trained in assessing vulnerabilities, will act accordingly. We have enclosed an income and expenditure form; we request you complete and return this urgently to back up a proposal to discharge the outstanding balance.
We look forward to hearing from you soon.

so might question is they say that they are trained in assessing vulnerabilities, hmm ?
a don’t doubt they could of been on a day course maybe 2 days, lol
but everyone who is vulnerable I would think they would have different, unique circumstances, and I assume unless they are medically trained or a degree in psychology are they really qualified to assess??? Lol
any advice for next step would be gratefully appreciated many thanks,

[MIKE770]

arguable income/expenditure (NO0 only a judge can order that, they are the pits lowells.

[echat11]

They should give you the time you need for your surgery / recovery, if they pursue you (to conduct their nonsense assessment), then lodge a formal complaint stating that they haven't given you time and space for surgery / recovery, follow their complaints procedure, then if not resolved lodge a complaint with the FOS.

They aren't trained to diagnose your medical complaints. Update the thread if they give you nonsense.

[Humpy]

Thanks Mike770 and echat11, should I just ignore or give them a curtesy response?

[echat11]

Thanks Mike770 and echat11, should I just ignore or give them a curtesy response?

I'd be tempted to write back, stating:

'Thank you for recent communication, your comments has been noted. As explained I am due to have spinal surgery and will need a period of recuperation. I am happy to provide medical evidence if required, any further communication will be deemed as 'harassment', I am protected under the Protection from Harassment Act 1997.'

[Humpy]

So sneakily marstons have posted a notice of attendance through the door , I say sneakily because never heard the door bell ring followed by two dogs barking like crazy!!!
they now say I owe £1805.34 because they have added compliance and enforcement fee on top,
with no date or time added of delivery , just a signature and mobile number of officer, also not in any envelope just a piece of paper is this wrong cause I did find the national standards of taking goods which I believe they have not complied with?? So my 71year old mother who has a bad heart has nearly suffered another heart attack on finding this, no discretion whatsoever!
then today received a letter through the post basically saying they will make further visits till payment is made full or they will cease goods and apply costs , as to the writ
please help ?

[echat11]

Right you need to lodge a formal complaint against Marstons and Lowells, you need to email these complaints today.

Click 'How can I complain' - https://www.marstonholdings.co.uk/customer-faqs/

Click 'Make a Complaint' - https://www.lowell.co.uk/contact-us/

Confirm that you've done that.

[Humpy]

Also just noticed the fee schedules are different on the two documents

[Humpy]

Thanks Echat11 , so I see only Lowell’s only have a complaint form but marstons have an email address so any advice on what to put , or am I right in thinking they’ve not just given me adequate time but have not complied by the standards ?

[echat11]

Thanks Echat11 , so I see only Lowell’s only have a complaint form but marstons have an email address so any advice on what to put , or am I right in thinking they’ve not just given me adequate time but have not complied by the standards ?

Go through the Code of Practice and where they have breached the code in your treatment.

A combination of template in post 4 and Marstons - Code of Practice - https://www.civea.co.uk/our-code-of-practice

A combuination of template in post 4 and Lowells - Code of Practice - https://www.credit-connect.co.uk/wp-...practice-1.pdf

[Humpy]

Thanks Echat I might of made a boo boo!
I already made a. Complaint over the phone with Lowell’s who have said that marstons aren’t working for them but the courts , and said I had to ring over dales but I filled in the marstons online form saying this

What went wrong and why?
	I have currently sent you an email dated 07/03/22 stating my current situation regarding my vulnerability and have asked to hold action on above account, whilst I seek advise and due to my current health conditions; unemployment and financial hardship are unable to meet your demands , also stated that pursuing at this time could affect my personal welfare causing additional stress and anxiety , I have now had a notice of attendance placed half in the letterbox and half out from one of your enforcement officers saying they have visited and demand full payment and have increased the debt, a total disregard to the ministry of justice national standards .and also not giving me time to have surgery and any period of recuperation needed,further visits would be deemed as harassment to which I am protected under harassment act 1997 Again the national standards expected of yourselves has been broken because I have told you about my vulnerability and I have notified Lowell’s about situation and they confirmed you hadn’t notified them of my situation,also the letter was not in an envelope addressed to my self which is stated in the national standards (rule 52) There is also conflicting information on schedule of fees between the Two documents received
When did it happen?
	15/03/2022
How would you like us to put it right?
	Lodge a formal complaint to be dealt with, I have also lodged one with Lowell’s regard this matter, Hold all action on account until my health condition has improved so far as my personal welfare can be protected, Only communication to by email or posted via a sealed envelope regarding account, as to data protection act, further visits or demands for settlement in full would be deemed as harassment to which I am protected under harassment act 1997, I can also email any medical evidence if required and send copy of two schedules that conflict each other, Many thanks look forward to your response

Any thoughts??