Hi I am a newby and would appreciate some help

[ploddertom]

Re: Hi I am a newby and would appreciate some help

Hi Ploddertom

I went to my local court this morning and found them completely unhelpful, and worse had know knowledge and even disputed what I was trying to do until the penny dropped with a senior member of staff. They are insistent that I pay the fees up front, or jump through all their hoops, meanwhile action would continue.

Is your local County Court also a District Registry of the High Court? A lot of the smaller County Courts don't see these applications very often so are stumped by them whereas many of the inner city Courts deal with them on a daily basis. Providing you complied with all the relevant details for applying for Fee Remission then they were out of ordertelling you to pay in full.

Could you clarify for me the validity of the levy they claim to have, your earlier post said this may be a Global levy. At first I had assumed this was what you had inferred but obviously Marstons are relying on what they did on their first visit - see further below on this.

Bailiff gained access to my home while I was not there, but was let in by responsible adult. (24.12.11) No argument with this

He made a list of asset's (10 number) without our knowledge - Did he leave a Notice of Seizure at the time, I believe fromwhat you said previously he did not and this only came tolight on the visit made 5/10/12

He left without giving us a copy or signing anything or any guidance on what to do with these items. As above

Non of these asset's belong to me, they have been told. Was this done in writing?

We were unaware of this list until almost a year later 05.10.12 How many visits did they make between 24/12/11 & 5/10/12?

We have an undated "form 55" which states in hand writing "goods as stated in the Marstons Group Ltd inventory" we do not know when we received this. This probably refers to the visit and supposed seizure made on 24/12/11

A subsequent letter states that the list of goods seized is not exhaustive. I suspect this is because the seizure made is for goods of little value and they are reserving the right to come back for more.

I keep hearing about a statutory declaration that can be sworn that no items in this house save for my personal items, clothing etc, has this merit. It does but in your position it should be reversed and your OH should be claiming allthe possession are hers and no one elses.

My urgent concern is to prevent Marston gaining access to my partners home, I can tough it out if I have a chance. Just keep refusing them entry

Do they need an order from a magistrate to break in if I am not there. No

Birdman

Have you thought bout applying for a Variation Order? Have you checked to see if the Writ has been renewed?

[ploddertom]

Re: Hi I am a newby and would appreciate some help

The person who knew nothing about the process I was trying to undertake, suddenly became a world authority on form E160. Sounds par for the course - might be she thought she had to pay out of her own pocket!

I even managed to find myself separated from the great British taxpayer who`s money she had a duty to protect. As above

She did refuse to accept my form E160 as she wanted more information regarding bank accounts of both myself and my partner, assuring me that until all this was recieved, she would not accept the form. She should have accepted the form on the proviso you supplied the necessary within a few days.

She further stated that Emergency hearings are only for certain circumstances such as eviction, children, etc. Wrong again - in certain circumstances these can be dealt with over the phone, no forms, no payments, everything sorted at a later date.

No I have not yet tried the CAB - CAB will probably tell you to pay up and let them in as they have little knowledge of these things.

I just want to be able to deny them access.

Birdman

PT
PT

[birdman]

Re: Hi I am a newby and would appreciate some help

Hi Ploddetom

What is a variation order, I have no set payment amount with the court.

What are the rules of the lifetime of a writ, how do I find out if it has been and what if it has not?

Do you know if this renewal costs them money.

Filed the actions you advised today, the E160 has to be processed first so it may take a day or two to tell Marstons.

Should I tell Marstons that these things are under-way.

[birdman]

Re: Hi I am a newby and would appreciate some help

Hi Again

I cannot find an enforcement date, judgement was 31.10.11

[ploddertom]

Re: Hi I am a newby and would appreciate some help

Hi Ploddetom

What is a variation order, I have no set payment amount with the court. A Variation Order allows you to submit I&E to the Claimant & Court and a suggested payment per month - for example £20 - the Claimant may not agree with this but when it goes before a Judge he can rule what the payments will be - could be higher or lower and in some cases can be as low as £1 per month. Well worth doing if you are skint as all the time you make the ordered payments they can take no further action - unless you default.

What are the rules of the lifetime of a writ, how do I find out if it has been and what if it has not? A Writ of FiFa lasts for 1 year but may be renewed on request by the Judgment Creditor. To find out you would need to contact the Court where it originally came from. If it has expired and not been renewed then all enforcement action must cease.

Do you know if this renewal costs them money. Yes & this is added to your debt, renewals from memory are £45.

Filed the actions you advised today, the E160 has to be processed first so it may take a day or two to tell Marstons. As said previously I think the Court are being awkward but at least it is progressing.

Should I tell Marstons that these things are under-way. No - but there again they do read these threads.

PT
PT