Marstons levy'd goods.

[ploddertom]

Re: Marstons levy'd goods.

hi there.

yes i knew about original ccj, and you are correct, thats how it has ended up in enforcement. (same for both cases).

on the first notice of seizure it says: all goods on premises.

on the second (the one im paying £120 a week on) it says:

1 x sharp tv
1 x table and 4 leather chairs
1 x lg tv
1 x red leather swivel chair
1 x red leather corner suite
1 x sky hd box
1 x lamp
2 x 2 seater sofa's


my issue is, this is my wifes furniture too, does this matter?

I'll go through this in the order you have listed them:

1 - TV - how old, what type (CRT, LCD etc), size? Has he also listed the remote?
2 - table & chairs - is the table solid wood or an IKEA type -see below about the chairs
3 - LG TV - same questions as 1?
4 - Red leather chair - see below
5 - Red leather suite - see below
6 - Sky box - worthless
7 - Lamp - unless lead crystal, worthless
8 - 2 seater sofas - see below

As far as seating goes the Bailiff has to leave you with a minimum of 1 seat per family member. So some of the seating above has to be removed from the levy. As for the rest of the seating do they still have its safety labels attached. Here is a short article about furnishings:

"The bailiff will have to ascertain that any goods seized comply with the General Product Safety Regs 1994, which will apply to again items such as sofas as, unless these items have the required notices re. Fire hazards etc, they could not be sold at auction and this will, obviously, apply to electrical items as well."

And for electricals:

"Safety

All electrical goods sold at auction must comply with the Low Voltage Electrical Equipment (Safety) Regulations 1989, which specify the requirements for electrical equipment for domestic use (that is toasters, kettles and the like, but not office equipment such as fax machines and computers).

The safety regulations apply to new or second hand goods. You should make sure that all mechanical or electrical appliances that you seize are in working order and that your auctioneer is able to have any electrical equipment checked by a qualified electrical engineer before sale.
Televisions, DVDs, Hi-fis, VCRs and so on

If the equipment has a remote control you must ensure you list it separately on the inventory, otherwise you have not seized it and cannot subsequently remove it. Always list the manufacturer’s name, model, colour and serial number."
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What you should be doing is apply for a Variation Order whereby the Court can set the level of payment.
N245 - Variation Order or Suspend Warrant
http://hmctsformfinder.justice.gov.u.../n245_0204.pdf

As for Marstons you should also apply for a Stay of Execution which will halt all enforcement action and charges. This is actually more important than the Variation application.
N244 - General Application Form
http://hmctsformfinder.justice.gov.u...rms/n244_e.pdf

If you are on certain Benefits or a low wage you may be able to have the Fees waived.
EX160A - Court Fees Remission
http://hmctsformfinder.justice.gov.u...ex160a_eng.pdf
EX160C - Extended Table of Contributions
http://hmctsformfinder.justice.gov.u...ex160c-eng.pdf

[springwater]

Re: Marstons levy'd goods.

sorry ive taken so long top get back on this guys, i'm going to get onto it tomorrow.

thanks again for all of the help! i'll let you know how i get on!
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quick question plodderton, is there a reason why i should be going for the 'stay of execution' as opposed to the variation order for marstons? what I mean is what is the difference? (wondering whether I shouldnt go for this also on my £120 per week andrew rosler bill).

[springwater]

Re: Marstons levy'd goods.

also, the debt for marstons doesnt seem to be going down! do I have a right to have a breakdown of marstons fee's? if so, how would I go about requesting that?

[labman]

Re: Marstons levy'd goods.

Bailiffs Forums - Useful Letters - Free Bailiff SAR

[ploddertom]

Re: Marstons levy'd goods.

is there a reason why i should be going for the 'stay of execution' as opposed to the variation order for marstons? what I mean is what is the difference?

A Stay of Execution if granted halts all enforcement action unless you break a term of the Order. This is the most important application.

A Variation Order if granted allows payment to be set at a certain level. There is nothing within this application to halt enforcement action and that will certainly continue

[springwater]

Re: Marstons levy'd goods.

sorry, i'm still a tad confused, is it not best then to go for a stay of execution on both bills?

and by enforcement action, does this mean they can still come and take my things even though i'm paying a new amount set by the court?

sorry to ask so many questions, but i'm new to this!

[labman]

Re: Marstons levy'd goods.

If enforcement action is halted, they cannot come and take anything.

[ploddertom]

Re: Marstons levy'd goods.

sorry, i'm still a tad confused, is it not best then to go for a stay of execution on both bills? Do you have more than one? I'm a little lost here.

and by enforcement action, does this mean they can still come and take my things even though i'm paying a new amount set by the court? The HCEO is perfectly entitled to carry on enforcing the debt right up until the time of any further Court action. The Stay if granted will prevent this.
sorry to ask so many questions, but i'm new to this!

PT
PT

[springwater]

Re: Marstons levy'd goods.

yeah i have two bills, one is for marstons for £50, the other is for andrew wilosns (shoosmiths) for £120. i need to reduce both per week as i just cannot afford them.

[ploddertom]

Re: Marstons levy'd goods.

Ok, this thread is about your tribulations with Marstons, do you have another about Wilson's?

[springwater]

Re: Marstons levy'd goods.

right all, i've filled out forms for a stay of execution now on both bills (marstons and andrew rosler), and will take them into the court tomorrow, i'm guessing i'll get a hearing date?

I am also going to go to a solicitors and do a sworn avadavit, once I have done this, do I just keep it at home incase a bailiff were to knock (the stay of executions should prevent this but belt and brace's!).

my next issue now is I have read some of the marstons paperwork (bill is for £1344.04) and their 'officers fee's' are £1037.46!!!!!!!!!! and, as stated on here before, the notice of seizuer he has done isnt even valid 'all goods on premises'.

i'm really annoyed they are charging me over £1k for this, i'm going to fill out the free bailiff SAR as suggested by labman, to find out exactly what they have charged, but ince I have this, can I do anything about their fee's?

[springwater]

Re: Marstons levy'd goods.

Ok, this thread is about your tribulations with Marstons, do you have another about Wilson's?

yeah, there's a second one with andrew wilson, who are collecting on behalf of shoosmiths solicitors.

i have been paying them £120 per week, they also have a walking posession (ive listed what theirs says earlier in thread).

I also need this one reduced, ive filled out stay of executions and variation orders for both marstons and andrew wilsons just incase, i'm guessing a stay of execution is best way forward for both?

thanks again for this.

[ploddertom]

Re: Marstons levy'd goods.

right all, i've filled out forms for a stay of execution now on both bills (marstons and andrew rosler), and will take them into the court tomorrow, i'm guessing i'll get a hearing date? I assume you have filled in 2 x N244 forms, are you aware there is an £80 fee for each? If in certain Benefits or low wage you may be able to have the fee waived, this is done on Form EX160A and you will need one form for each application. Is there any chance of seeing what you have put in your application? If taking them in person explain the urgency as a spare Judge can be found who will hear your application immediately, does your local County Court also sit as a District Registry of the High Court?

I am also going to go to a solicitors and do a sworn avadavit, once I have done this, do I just keep it at home incase a bailiff were to knock (the stay of executions should prevent this but belt and brace's!). You will need the original + possibly 3 notarised copies - cost £5/£10 each.

my next issue now is I have read some of the marstons paperwork (bill is for £1344.04) and their 'officers fee's' are £1037.46!!!!!!!!!! and, as stated on here before, the notice of seizuer he has done isnt even valid 'all goods on premises'. Is there a chance of sight of this - if publishing online please remember to redact all personal info.

i'm really annoyed they are charging me over £1k for this, i'm going to fill out the free bailiff SAR as suggested by labman, to find out exactly what they have charged, but ince I have this, can I do anything about their fee's?

The usual letter asking for a breakdown of fees is not really applicable for HCEO's, a better course of action is to submit a Subject Access Request instead.

[labman]

Re: Marstons levy'd goods.

In which case try this:

Dear Sir/Madam

Data Protection Act 1998 Subject Access Request

I was visited by (name bailiffs) on (date) and was pressured into paying the sum of £*** for an alleged (state the reason for visit and the date).

The bailiffs did not provide any written authorisation that they were acting on behalf of the council/authority. Their approach was to bully me into paying. I mentioned that by paying the bill, I would be left without any money and their response was that they were in possession of a warrant to enter my house by any means and would take goods and I would have further fees to pay. At this point, not knowing the procedure and my rights, I paid, although I was not shown a warrant.

Accordingly, kindly provide full and complete copies of any and all data you hold which relates to me and my entire history with your company. I have enclosed the statutory maximum of £10.

For the avoidance of doubt, take note that the enclosed cheque is payment for the fee relating to my Subject Access Request only and not a payment of any other kind or to be used for any other purpose. If you do not require a fee in order to process my Subject Access Request then kindly return or destroy my cheque.

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I may have had or may still have with your company.

1. Computer screen notes relating to the conduct of my account
2. Computer screen notes relating to transactions that have gone through my account
3. Internal messages or notes relating to the conduct of my account
4. Internal messages or notes relating to transactions that have gone through my account
5. Recordings of any telephone conversations, whether internal or external, relating to my account
6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account
7. Copies of letters relating to my account
8. All information relating to litigation that has taken place on my account
9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item
10. Copies of all reviews conducted relating to my account
11. For any cost which relates to an attendance fee, kindly state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the relevant bailiff obtained his or her certificate
12. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit
13. Copies of any and all documentation issued to me or left at my property after each visit was made including details of the date and precise time of the visit and the charges incurred; this must include the name of the bailiffs who attended

I trust that the above is clear and should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel.

As detailed above, I have enclosed the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you visited me at and at which your bailiffs relieved me of the sum of £***.

Yours faithfully

(with thanks to Amy)

[springwater]

Re: Marstons levy'd goods.

The usual letter asking for a breakdown of fees is not really applicable for HCEO's, a better course of action is to submit a Subject Access Request instead.

thanks, i'll do this.

yes. I have done an n244 form for each (1 for marstons and 1 for andrew wilson)i have simply put on my n244 forms that I cannot afford the current payment. is this sufficient?

i'm a bit of a technophobe so would have no idea how to put my scanned docs on here?

with reghards to the affadavit, do i just keep them at home for when a bailiff knocks, and if he does, show him them?

thanks!
------------------------------- merged -------------------------------

In which case try this:

Dear Sir/Madam

Data Protection Act 1998 Subject Access Request

I was visited by (name bailiffs) on (date) and was pressured into paying the sum of £*** for an alleged (state the reason for visit and the date).

The bailiffs did not provide any written authorisation that they were acting on behalf of the council/authority. Their approach was to bully me into paying. I mentioned that by paying the bill, I would be left without any money and their response was that they were in possession of a warrant to enter my house by any means and would take goods and I would have further fees to pay. At this point, not knowing the procedure and my rights, I paid, although I was not shown a warrant.

Accordingly, kindly provide full and complete copies of any and all data you hold which relates to me and my entire history with your company. I have enclosed the statutory maximum of £10.

For the avoidance of doubt, take note that the enclosed cheque is payment for the fee relating to my Subject Access Request only and not a payment of any other kind or to be used for any other purpose. If you do not require a fee in order to process my Subject Access Request then kindly return or destroy my cheque.

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I may have had or may still have with your company.

1. Computer screen notes relating to the conduct of my account
2. Computer screen notes relating to transactions that have gone through my account
3. Internal messages or notes relating to the conduct of my account
4. Internal messages or notes relating to transactions that have gone through my account
5. Recordings of any telephone conversations, whether internal or external, relating to my account
6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account
7. Copies of letters relating to my account
8. All information relating to litigation that has taken place on my account
9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item
10. Copies of all reviews conducted relating to my account
11. For any cost which relates to an attendance fee, kindly state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the relevant bailiff obtained his or her certificate
12. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit
13. Copies of any and all documentation issued to me or left at my property after each visit was made including details of the date and precise time of the visit and the charges incurred; this must include the name of the bailiffs who attended

I trust that the above is clear and should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel.

As detailed above, I have enclosed the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you visited me at and at which your bailiffs relieved me of the sum of £***.

Yours faithfully

(with thanks to Amy)

ive just stuck the more basic sar in the post! shall i do this one too? shall i send my £10 in as a cheque?

also, some of the info on here isn't entirely accurate, i.e I dint say I would be left with no money and they didnt say they had a warrant etc, shall i alter accordingly?

thanks again by the way, you've been great.