Marston and HCEO...what should we do next??

[crazyhorse4]

This a lengthy one... so I have tried to break it down.
My partner owes money for 'services provided' ie mooring a boat (which I bought) in a local marina. It is yearly charge that runs from April -April.
Financilly things went downhill and he could n't afford the fees.
He was taken to court and a ccj was made against him....he put his head in the sand and the next thing he knew he had a letter from an Officer of the high Court. The case had been transfered to the High Court..by who's request I have no idea. I am still looking for the letter. the judgement was for around 1,150 - 1,400
dateline of events that followed:

17/12/12.... I was leaving house and there was a man by my door. He asked for my partner who was ill in bed. He then posted a letter. I got in my car whilst he was there and sat and watched him.
The letter was a form 55 with inventory listing my caravan, which was on the drive. Also a WPA to be signed and posted. amount 2,046.74

Letter dated 18/12/12 saying execution not settled and are sending Oficer with REMOVAL CONTRACTORS on 9/1/13 to seize and remove goods...cost around 400 for first hour and 250 per hour thereafter.

Letter dated 18/12/12 ref to levy made 14/12/12/ (?) with another inventory with the caraven on it and another request to sign it.
Marstons are aware of the ownership of the caravan and have said they have hdrawn possession of goods seized.

Now they have levied my car and are requesting proof of ownership.

They also claim to have levied a boat (which I bought) and is kept at the local marina.... it is still in the marina but it has been moved. My partner has never seen a form 55 or any proof of this. Marstons claim this was done on 11/1/13

a letter dated 8/3/13 letter refering to the imaginary levy made 14/12/12 ...inventry included the caravan,car and boat with respective dates of seizure. It also once again requests the agreement to be signed and my partner has 24 hours to do so or Marstons will'defer remomal'.

Today my partner had 2 letters both informing him that the boat would be auctioned at the end of this month.

I suggested to my partner to make an offer directly to the claiment to show willing to pay. He has also been denied access to the boat for several months. I purchased the boat with an inheritance but it was my partner that entered into the contract and agreed to pay for moring...where do we stand on that?

There are many issues here and I am not worried about the car or caravan but I do not want to lose the boat as we could sell it to pay our debts... please help.

[crazyhorse4]

Re: Marston and HCEO...what should we do next??

When I say I am not worried about the caravan or car..I am worried but I know Marstons have no legal claim to them and they are acting badly. The boat is away from our property so I do not have physical possession of it. It also contains valuable equipment that has not been levied.
We have lost much sleep over this. I spend my day waiting for the bully boys to hammer on my door... not that I would let them in.

[bluebottle]

Re: Marston and HCEO...what should we do next??

Marstons are well-known for this. One of our members is well-versed in High Court enforcement matters and, hopefully, should be along soon.

[ploddertom]

Re: Marston and HCEO...what should we do next??

There are some things which you need to do. Ignore the Walking Possession they require to be signed, the only goods that may be removed are those of the debtor named on the Writ. As for the goods they are claiming to have levied on have you provided proof of ownership to lay claim to them yourself. It may pay to serve a Subject Access Request on them to see what they have done & charged so far - cost is £10 but can be very revealing.

As for the Writ - as the CCJ was never paid the Claimant transferred it to the High Court for enforcement which is where you find yourself now. they do not have to notify you they are doing so and the first you find out about it is when the HCEO visits. Was the initial CCJ defended or was it granted to be Judgment by Default? Did you actually know they were applying for a CCJ?

Depending on the answer to the above will dictate which route to follow next. Working on a worst case scenario where you knew about the CCJ but ignored it then you should apply for a Variation Order on Form N245 from HMCTS website. If granted this will allow the CCJ to be paid at a level you can afford although you will have to supply I&E to back this up. If the Claimant contests the level of payment suggested then the Court may set what has to be paid.

As for the Writ & this is the most important application, you must apply for a Stay of Execution against the HCEO executing the Writ. This is applied for on Form N244 and when complete is best taken in person to the High Court in London or to a County Court that acts as a District Registry of the High Court. Reasons for this is that you are making an urgent application and usually a spare Judge may be found who will hear the application immediately. If granted it stops all action & charges by the HCEO.

Cost for a Variation Order is £45 & for the Stay is £80 but if on certain benefits or low wage these fees may be waived - See Forms EX160a & 160c for details.

[crazyhorse4]

Re: Marston and HCEO...what should we do next??

Thanks for promp reply.
First, I know that my partner was aware of impending court action as he had a letter from the claiment's solicitor. He did not take heed and ignored this.
He was not aware of the date of court action or where the hearing would be.
However, he was aware of the judgement made against him and did nothing about it.
He does not even know exactly what the claim is for as the judgement was made at the end of last year and yet at that point he would have only owed 6 months not a full year. I know you have to pay a year inadvance..so I am assuming the claim was for the full year. There was no written contract for 2012/13.
I have had a look at the N244/45. Will he have to hand the forms in himself. I am not certain if he can do this as he is on the way back from depression and suffers from stress. I realise the writ is the priority and being willing to pay up.
I would like to know how can Marston auction the boat if 1. There is no walking possession
2. My partner nor I have never seen a form 55 for the boat
3. I purchased the boat... the only proof of this is the money being taken out of my account at the time of purchase. However, this coinsides with a cash payment to the marina which they must have a record for. I did not give it as a gift, it was mainly for my partners use and the family.

If he applies for a stay..will he have to pay upfront and wait for the decission about a claim of low income??
These are just a few questions I have. Thank you

[crazyhorse4]

Re: Marston and HCEO...what should we do next??

Also I have a letter from Marston sayig," We write further to the above matter (case name),to advise that the claimant's solicitor have admitted the claim lodged with me.
Confirm that we have withdrawn from possession of the goods and effects seized. Dated 15/1/13.

The levy on the boat and caravan, it is claimed were made before this date... so I assume the levies are not vallied.
I will get my partner to make a subject access request.... how do we know it is true and accurate.... as they have sent so many contradictory letters.

[ploddertom]

Re: Marston and HCEO...what should we do next??

I have had a look at the N244/45. Will he have to hand the forms in himself. I am not certain if he can do this as he is on the way back from depression and suffers from stress. I realise the writ is the priority and being willing to pay up. Anyone can actually hand the forms in but if it comes down to a hearing then he should appear in person = however maybe a letter from a doctor giving reasons why he cannot attend _ authorisation for you to speak on his behalf may be acceptable, depends on the Judge.
I would like to know how can Marston auction the boat if
1. There is no walking possession = not required to make a levy lawful
2. My partner nor I have never seen a form 55 for the boat. A Form 55 is only a generic form, the Notice of Seizure is probably pinned to the boat.
3. I purchased the boat... the only proof of this is the money being taken out of my account at the time of purchase. However, this coinsides with a cash payment to the marina which they must have a record for. I did not give it as a gift, it was mainly for my partners use and the family. I think your next post answers this as they have admitted the boat is yours.

If he applies for a stay..will he have to pay upfront and wait for the decission about a claim of low income?? Providing the accompanying paperwork backs up the application for Fee Remission then generally it is accepted on the spot.
These are just a few questions I have. Thank you

PTPT

[ploddertom]

Re: Marston and HCEO...what should we do next??

Also I have a letter from Marston sayig," We write further to the above matter (case name),to advise that the claimant's solicitor have admitted the claim lodged with me.
Confirm that we have withdrawn from possession of the goods and effects seized. Dated 15/1/13.

The levy on the boat and caravan, it is claimed were made before this date... so I assume the levies are not vallied. Correct, that is an important letter and should be kept very safe.
I will get my partner to make a subject access request.... how do we know it is true and accurate.... as they have sent so many contradictory letters.

With an SAR you have to trust it is correct, they should have nothing to hide. When sending itmake sure it is sent by a trackable means and £10 payment is best made by Postal Order.

[crazyhorse4]

Re: Marston and HCEO...what should we do next??

Thank you once again.
If we get a stay and action is halted does that mean we could move the boat out of the marina without any issues or fuss. Can the marina hold the boat ? as they have to open the lock gates for it to be taken out. I just want it out of my life.

[CleverClogs]

Re: Marston and HCEO...what should we do next??

2. My partner nor I have never seen a form 55 for the boat

A Form 55 is only a generic form, the Notice of Seizure is probably nailed to the boat.

Below the waterline?

[ploddertom]

Re: Marston and HCEO...what should we do next??

Thank you once again.
If we get a stay and action is halted does that mean we could move the boat out of the marina without any issues or fuss. Can the marina hold the boat ? as they have to open the lock gates for it to be taken out. I just want it out of my life.

If the boat has been accepted as yours and nothing to do with the Judgment Debtor and all claim by the HCEO to it has been lifted then it is yours to do as you please with or without a Stay.