Marstons visit to business address

[bizzybob]

Re: Marstons visit to business address

As ploddertom states a global levy is fit for toilet paper only, so the key now is to answer ploddertoms questions to better frame the direction to take in tackling this. as it stands the bailiff has messed up with the WPA it is irrelevant it is signed.

[ploddertom]

Re: Marstons visit to business address

A few more questions before we get to the nitty gritty of what to do.

Are the premises attached to your living accomodation? The reason for asking is because the HCEO has the right - and will use it - to force entry to a Commercial premises unless it is attached to your residential accomodation. What type of goods does your shop sell?

[CleverClogs]

Re: Marstons visit to business address

What type of goods does your shop sell?

Does that matter?

The vague "global levy" would include a collection of bits of old rope, even if the shop normally sold jewellery. :grin:

[essential75]

Re: Marstons visit to business address

Did you know about the original CCJ? Did you defend it at all or acknowledge the fact you received the documents? Were you adjudged "guilty" by Judgment by Default? Was the Judgment made as a Forthwith one?

Hi,
Yes we knew about it and just let it ride, completely my fault for leaving it so long so yes we were guilty

[essential75]

Re: Marstons visit to business address

No the premises have no living accommodation at all

[ploddertom]

Re: Marstons visit to business address

Does that matter? Of course it matters as they could be a 1p Bubble Gum shop in which case they would need to seize & remove lots or could be selling Rolex watches where they would only need perhaps 2 or 3 at the most plus they could be removed from the premises easily.

PTPT

[ploddertom]

Re: Marstons visit to business address

Hi,
Yes we knew about it and just let it ride, completely my fault for leaving it so long so yes we were guilty

No the premises have no living accommodation at all

Thanks for those. CCJ's for business debts are nearly always Forthwith Judgments meaning all has to be paid at once. However more Judges are becoming aware that in the present climate they are allowing payments to be made in instalments particularly where small business are involved. I'm assuming you trade a Sole Trader or Partnership and the CCJ is in your own name.

I would therefore suggest you apply for a Variation Order whereby payments can be set a level that may be affordable to you or the business and would suggest this is planned to pay off the debt over a 6 month period. The Creditor may object but the Court can overrule that. This is a simple application made on Form N245 - available from HMCTS website - and costs £45. The application should be sent to the Court where the original CCJ was heard.

The second & most important application is for a Stay of Execution against the Writ the HCEO has. If granted this will halt all further enforcement and/or charges. The application for this is made on Form N244 & costs £80. Your grounds for the application could be:
a - you cannot afford the fees demanded
b - the HCEO is threatening to remove all your stock to sell at auction thus closing the business
c - pending determination of a Variation Order

The application is best taken in person to the High Court in London or a County Court that acts as a District Registry of the High Court. This is best done on a morning and upon arrival you should impress upon whoever you see that the application is very urgent. Often a Judge can be found who can hear the application immediately. If granted you must then ASAP inform the HCEO of the outcome and be prepared to give them the name of the Court & Judge and of any conditions placed on it. Do the same with the paperwork when you get it - do not trust others. My local Court does these and even provides the paperwork within 30 minutes of the Hearing.

If you are on certain Benefits or low income then you may qualify to have the fees waived - see Forms EX160a & 160c for details.

[essential75]

Re: Marstons visit to business address

Thanks for that, just spoke to marstons and they said it is up to the hceo who has just declined a lump up front and installments due to the amount of stock we have available, is it too late to sort this paperwork out?

[ploddertom]

Re: Marstons visit to business address

Thanks for that, just spoke to marstons and they said it is up to the hceo who has just declined a lump up front and installments due to the amount of stock we have available, is it too late to sort this paperwork out?

They are supposed to put your proposal to the Judgment Creditor.

Not at all. You could actually do this tonight and take to Court tomorrow morning. I can help fill the N244 out when I get home tonight.

[bizzybob]

Re: Marstons visit to business address

Thanks for that, just spoke to marstons and they said it is up to the hceo who has just declined a lump up front and installments due to the amount of stock we have available, is it too late to sort this paperwork out?

Rule 1 marstons LIE
Rule 2 Refer to Rule 1

Dop as ploddertom advises, marstons are anxious to prevent you exercising youir right to apply for a stay, as they stand to lose fees if you do.

[essential75]

Re: Marstons visit to business address

They are supposed to put your proposal to the Judgment Creditor.

Not at all. You could actually do this tonight and take to Court tomorrow morning. I can help fill the N244 out when I get home tonight.

Just spoke to the hceo officer again since he wanted a reply by 5pm and he has now given me till 11am tomorrow to come up with the money, i rang the marston office earlier and offered £400 and £250 a month which they said that would be acceptable but needed to speak to the hceo to see if he would accept it, they called me back to say he declined, when i spoke to him at 5pm he told me that he was happy to take the £400 and propose the £250 a month to the claiment but once they see his levy they will just ask for the lot and send a van round, the last thing he said was to not lose any sleep over it!!!
I have started to fill in the N245 but not sure on the N244 so any help would be good as i will be planning to get them to court in the morning
Many thanks again

[CleverClogs]

Re: Marstons visit to business address

Just spoke to the hceo officer again since he wanted a reply by 5pm and he has now given me till 11am tomorrow to come up with the money, i rang the marston office earlier and offered £400 and £250 a month which they said that would be acceptable but needed to speak to the hceo to see if he would accept it, they called me back to say he declined, when i spoke to him at 5pm he told me that he was happy to take the £400 and propose the £250 a month to the claiment but once they see his levy they will just ask for the lot and send a van round,

He's an utter Marston, isn't he?

[essential75]

Re: Marstons visit to business address

PTPT

Ok thanks for that, just spoke to marstons who say it is up to the hceo to accept instalments but he won't have it as we have stock available in our shop to cover it straight aaway will I have time to go through the paperwork channels you mention above?

[CleverClogs]

Re: Marstons visit to business address

Yes.

[essential75]

Re: Marstons visit to business address

sorry dont know where that post came from :tinysmile_hmm_t2: