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Enforcement Officer isn’t registered

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  • Enforcement Officer isn’t registered

    Hi!
    If an enforcement agent isn’t registered to HCEOA does that mean that they’re acting illegally?
    I’m dealing with someone from Marston Group Ltd who doesn’t seem to be registered anywhere?
    Thanks
    Tags: None

  • #2
    Where have you checked? Send me the name by Private Message & I'll check for you.

    Comment


    • #3
      OK I have send you his correct name and he is currently Certificated until May 2022. Where it gets awkward looking is that most folks automatically look at the HCEOA website and assume wrongly that their attending Agent is not Certificated because his/her name does not appear there. The names listed on the HCEOA are actually those who are Authorised High Court Officers from the Lord Chancellor and to whom the Writs are directed - think of the paperwork as being sent to the boss and he than dishes it out to his minions.

      The name you have is someone who actually acts as a High Court Enforcement Agent and to look for him you needed to check the Bailiff Register @ https://certificatedbailiffs.justice.gov.uk/

      Do you want to tell us what happened as we may be able to help?

      Comment


      • #4
        Thank you so much - I had checked that website but I hadn’t been able to spell the name correctly so hadn’t found him. I appreciate you looking.



        On the 24th of October – the date I returned from a holiday cottage (that despite the allegations from the enforcement officer that this must mean I have money, was paid for by friends and family as a birthday present for my best friend who is part of my support bubble) - I received a letter claiming that Marston Group Ltd was enforcing a High Court Writ to the amount of £1583.01 plus £7.06 interest and £370.87 in enforcement fees. A total of £1960.94. The letter informed me that my property had been visited on the 13th of October to collect the outstanding debt or take control of my goods.

        Another letter also dated on the 13th of October claimed that a writ had been made against me to the amount of £1960.94, the letter clearly stated that I could reach an agreement to pay by instalments.

        On the 21st of October – I received a letter stating that I owed £1963.50 and that I should reach out to pay in full or reach an agreement to pay by instalments by 28th October.

        On the 24th of October, as soon as I was home, I sent a message to the enforcement officer who had attended, where I suggested an appropriate affordable payment plan. I also explained that I had no prior knowledge of this debt and asked for more information.

        This debt has been created in my name whilst I was in an abusive relationship. I had no prior knowledge of this debt, I did not know it had gone to court and I did not know it had not been paid. I have been working with my Domestic Violence Support worker, and with Step Change, to manage the severe PTSD that I have and that this has triggered, along with manage the financial ramifications that this has created.

        In a phone call of the 26th I was told that I could not enter into a payment plan and that it was payment in full only, and I was told to send evidence that the correspondence I had received said I could arrange a payment plan – which I then promptly did. I received no response. I also sent an email letter to Marston Group detailing my payment offer.

        On the 2nd of November, I received an email letter stating that I had not made contact regarding my debt. I immediately replied via email, and also sent a message to the enforcement officer. The reply I got was “it is payment in full only £2561.35 as of today. As per high court writ.” This means that a further £600.00 of additional fees were added despite me being in communication, offering payment plans, no visits within this time had taken place. I received no email response until the 9th where I was informed that the enforcement agent had instructed Marston to only accept payment in full. I again detailed how this was impossible and how I was really trying to work with them to reach a payment plan. On the 3rd of November, I received a blank letter through the post, which I sincerely hope I haven’t been charged for.

        On Monday 23rd of November I received an email claiming that there was a writ against me for £2568.08, and again in this letter I was informed that I could reach an agreement to make an offer of payment. Again I detailed an offer of payment, both via email and in text, and I also made a phone call to Marston. As a result of this I was sent an income and expenditure form, where I detailed my offer. I was spoken to rudely by the enforcement officer, who assumed that I should be able to pay the full amount because I had been on holiday recently, (before I knew about the debt and it hadn’t been paid for by me). He also said I should ask my family for help paying it, when I said that would be impossible, he made what I assume he thought was a funny joke, about how he’s asking my dad to help me stop a scary man appearing on my door step asking for money. Due to his knowledge about the abusive relationship I had been in, I would have thought he could have been more professional. I said I would see how much I could pay after payday on Friday 27th and we agreed that we would contact each other then.

        Following this phone call, I completed the income and outcome forms and offer of payment forms, I upped my offer to £100.00 a month and was told to make the payment by 30thof November.

        On the 24th of November a letter was sent thanking me for my offer and asking me to make the payment I had agreed whilst the offer was being considered.

        On Friday 27th of November, I paid £100.00 as agreed. I then phoned as agreed, explained I had made the £100 payment. I was told that I had agreed to make a payment of over £700.00 which I had never agreed to, there was no way I can afford to make a payment that large, he then stated that I should pay 25% of the debt which totalled over £640.00. I stated that this was impossible. The enforcement officer raised his voice and said that “I clearly don’t understand that I owe this debt,” I asked him to stop raising his voice at me, to which he denied and then continued to talk over me, repeating that I owed this debt. He stated that he would give me the weekend and visit on Monday, but he expected that payment on Monday. I tried to say very clearly, although I was very distressed by his manner and that I couldn’t just magic money to pay the debt, that I wasn’t refusing to pay, I just cant pay in full and I’m trying to come to a fair agreement, but he hung up the phone mid-sentence. This sent me into a panic attack as I don’t have a spare £600.00.

        I have not received a breakdown of all of the fees.

        I was not given a notice of enforcement, prior to a visit, which should have detailed the original debt and the only fees that should have been added at this point was a compliance fee. This should have been received a minimum of 7 days before you attempted to visit. Additionally, due to corona virus restrictions, enforcement agents are supposed to call, text or email PRIOR to a visit, as I am high risk (Lupus) this is of paramount importance, to ensure I can wear a mask and socially distance, however this wasn’t done once.

        Also I cannot see how the fees appear to be almost£1000.00, when I responded immediately at the first letter, have not refused to make an arrangement to pay, No one has entered my property or taken control of my possessions.

        I do not know what the original debt is, I do not know the dates that this debt spans, and I do not know the amount the original debt amounted to.

        I do not know when this went to court. I do not know what court it went to, and I have not seen the high court writ.

        i have asked to see all the documents I need to see and I’ve asked for 30 days before any further action is taken to apply to the court for an N244 to ask for a payment plan - but without knowing any more information about this debt, I’m at early stages of researching how to do this.

        thats my current situation - I believe I’ve done everything correctly so far - I know I’ll have to pay at least the original debt although I’m hoping that the fees will not be as large as they’re claiming to be, and I’m hoping an appropriate payment plan can be put in place.

        sorry this message is so long - but I wanted to be as clear as I could be.
        Thank You

        Comment


        • #5
          Originally posted by KitKat View Post



          Thank you so much - I had checked that website but I hadn’t been able to spell the name correctly so hadn’t found him. I appreciate you looking.



          You can search by the company as well and used Marston Holdings - think he was on page 14. I'll look at rest after my dinner and get back to you later this evening.

          Comment


          • #6
            Right this may take a while and a few posts just to break it up.

            Somewhere along the line it would appear someone has obtained a CCJ against you - probably by Default.

            Have you checked your credit file to see if one is there? It could be it was done at an old address - have you moved at all in the last 2 or 3 years possibly? Another place to search for a CCJ is https://www.trustonline.org.uk/ but this does have a cost implication?

            When you find the CCJ then hopefully you will find out when, where & for how much. It would be worth contacting the Court to establish who the Claimant is and to what address inc postcode all documentation was sent to and ask if they will send you copies. If you had no knowledge of any of this and believe are not responsible for the debt then you could apply for Set Aside - this is done on Form N244 and costs £255 but if you are on a low wage or certain benefits you may be able to apply for Fee Remission on Form EX160.

            Comment


            • #7
              Because no payment was forthcoming then the Claimant has transferred the debt up to the High Court for Enforcement which is how Marstons have become involved. Whatever the debt can be it cannot be regulated by the CCA as it would have had to have been the County Court Bailiff who visited. Following from what you say I think I would be submitting a SAR to Marstons to see what they hold about you, I would also make sure you stipulate you also want copies of the Agents Body Worn Video.

              Initially you should have been sent a letter called a Notice of Enforcement giving you an opportunity to either pay in full or make contact to discuss the matter. The letter should have given you 7 clear days to do this and should have given a date & time when you should comply by. They are allowed to charge £75 +VAT = £90 as a Compliance Fee. - It would appear you have not received this and I would therefore argue the Fee cannot be charged as the lawful process was not followed.

              If you did not comply with the contents of the letter then an Enforcement Visit may be made - a charge of £195 +VAT =£235 + 7.5% of any debt over £1000 may be made. They do not have to give prior notification of this visit and may only charge if the visit is actually made. As you were not in they made a further visit - again they do need to give notice they are coming and can charge £495 +VAT = £594.

              Unless any goods are Taken into Control then no further charges may be made, no matter how many more visits they make. They have no right of entry to your home regardless of anything they may say and it would be a bad idea to let them in voluntarily. Even though most household goods are exempt from seizure and those that are, only bring a pittance at auction make sure you keep your doors locked and either go outside to speak to them or through a window. If possible try and take a copy of what goes on preferably using someone else's equipment.

              Comment


              • #8
                To move on you need to be able to start some action yourself. You can apply for Set Aside against the CCJ & also apply for a Stay of Execution against the Writ - which is actually more important than the Set Aside. If granted then the Stay will halt any further action by Marstons. It is more difficult to do this at present because of the current situation but there is still no harm going ahead with it. I would also suggest that you may be potentially vulnerable but the Enforcement Agent is ignoring your concerns. He obviously has not done a risk assessment when he has come. If he wants to continue his present course of action then you can make a complaint to Marstons which will be heard - it will go direct to their CEO Gareth Hughes.

                I hope all the above has given you some hope and think we can help steer you through this.

                Comment


                • #9
                  Originally posted by ploddertom View Post
                  Right this may take a while and a few posts just to break it up.

                  Somewhere along the line it would appear someone has obtained a CCJ against you - probably by Default.

                  Have you checked your credit file to see if one is there? It could be it was done at an old address - have you moved at all in the last 2 or 3 years possibly? Another place to search for a CCJ is https://www.trustonline.org.uk/ but this does have a cost implication?

                  When you find the CCJ then hopefully you will find out when, where & for how much. It would be worth contacting the Court to establish who the Claimant is and to what address inc postcode all documentation was sent to and ask if they will send you copies. If you had no knowledge of any of this and believe are not responsible for the debt then you could apply for Set Aside - this is done on Form N244 and costs £255 but if you are on a low wage or certain benefits you may be able to apply for Fee Remission on Form EX160.
                  Thank you for the reply... I have established who the original claimant is and I have written to them to request information for the amount was claimed, and details of the debt. I'm a bit stuck, as I did live in the property, but I was sending my ex-partner the money to the pay the bills unaware that he had set bills up in my name and was not paying them so i think i will be culpable for the bills.
                  Thank you for mentioning to check my credit score (I really should have thought to do this earlier) - According to my credit file - a CCJ was obtained in August 2020 for £1465.00 - this has given me details of the court - which makes my life so much easier for the next step and to put in my N244 where i intend on requesting a payment plan. I don't understand why I haven't received any prior information regarding this debt or the CCJ prior to it reaching a high court writ stage?

                  Comment


                  • #10
                    Originally posted by ploddertom View Post
                    Because no payment was forthcoming then the Claimant has transferred the debt up to the High Court for Enforcement which is how Marstons have become involved. Whatever the debt can be it cannot be regulated by the CCA as it would have had to have been the County Court Bailiff who visited. Following from what you say I think I would be submitting a SAR to Marstons to see what they hold about you, I would also make sure you stipulate you also want copies of the Agents Body Worn Video.

                    Initially you should have been sent a letter called a Notice of Enforcement giving you an opportunity to either pay in full or make contact to discuss the matter. The letter should have given you 7 clear days to do this and should have given a date & time when you should comply by. They are allowed to charge £75 +VAT = £90 as a Compliance Fee. - It would appear you have not received this and I would therefore argue the Fee cannot be charged as the lawful process was not followed.

                    If you did not comply with the contents of the letter then an Enforcement Visit may be made - a charge of £195 +VAT =£235 + 7.5% of any debt over £1000 may be made. They do not have to give prior notification of this visit and may only charge if the visit is actually made. As you were not in they made a further visit - again they do need to give notice they are coming and can charge £495 +VAT = £594.

                    Unless any goods are Taken into Control then no further charges may be made, no matter how many more visits they make. They have no right of entry to your home regardless of anything they may say and it would be a bad idea to let them in voluntarily. Even though most household goods are exempt from seizure and those that are, only bring a pittance at auction make sure you keep your doors locked and either go outside to speak to them or through a window. If possible try and take a copy of what goes on preferably using someone else's equipment.
                    Thank you - I have not met the enforcement agent face to face so I do not know why i would request the body worn video? Our conversation has been done by phone.
                    I have not at any point been given a notice of enforcement - and no 7 days has been given, no goods have been taken under control and I have not allowed them in the house at all. The first i heard about the debt was the hand delivered letter the first time the agent had visited.

                    I will look into a set aside immediately and put in for a stay of execution.

                    Thank you so much for taking the time to reply and for helping - I really do appreciate the advice. What you all do on this site is incredible! Thank you.

                    Comment


                    • #11
                      I assumed you had met the Agent which is why I suggested asking for his footage. Sometimes read many of these posts I get mixed up occasionally. If you need help with the Set Aside/Stay then I'm sure we can help.

                      Comment

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