Marstons Seize Car Today

[essential75]

Hi all,

Had a visit a couple of Fridays ago by a Marstons officer who took down both reg plates of our car & van, he told me that i owed a business debt (which i admit) which i clearly cannot afford to pay back, he said he would leave it with me over the weekend and to call him on Monday to see what offer i could come up with and left me a "Form No 55 Notice Of Seizure", i called him on the Monday and was told that he was busy at the minute and would call me back which he did not do, i was then taken into hospital for a few days quite unexpected and totally forgot about him not calling me back, then while i was at work today another different officer turned up and told my wife that unless she could pay the debt in full or a substantial amount then the car would be taken away, as we couldnt a recover wagon turned up and removed the car, the bailiff had blocked the car in on the driveway with his own car so it couldnt be moved, he also only left a photocopy of the original form no 55 from the other officer and nothing else, is there anything we can do to get the car back apart from paying the full amount of course?
Many thanks

[ploddertom]

Re: Marstons Seize Car Today

How much do you allegedly owe? How much is the vehicle worth? Did you know about the original debt?

[essential75]

Re: Marstons Seize Car Today

We owe £3345 then £111 execution costs, £15 interest then £1298 officers fees so approx £4770, car is worth around £5000, i know about the debt and stupidly left it to one side, i dont agree with the creditors figures for the debt but like i said i left it too long, thanks

[essential75]

Re: Marstons Seize Car Today

We owe £3345 then £111 execution costs, £15 interest then £1298 officers fees so approx £4770, car is worth around £5000, i know about the debt and stupidly left it to one side, i dont agree with the creditors figures for the debt but like i said i left it too long, thanks

[essential75]

Re: Marstons Seize Car Today

sorry posted twice

[ploddertom]

Re: Marstons Seize Car Today

You do have a problem if it is something you knew about but all is not totally lost as long as you act quickly. What has happened is that your Creditor obtained a CCJ against you which having gone unpaid has been transferred to the High Court for enforcement purposes only. Is your argument about the original sum being due very much?

Is the vehicle that has been removed on finance at all - HP or Lease? What status do you trade as - Ltd Co, Partnership, Sole Trader?

[essential75]

Re: Marstons Seize Car Today

The argument is that the creditor has claimed for far more than i was already paying on the rental of a machine, i still have the machine in a lock up, i was paying £50 per month on the contract and she has claimed £65 per month for 50 months, the car was also in my wifes name and she never signed the contract only me, the car was bought outright by us and we were trading as a sole trader, i cannot also find any details of the rental company online so dont even know if they are still trading

[enquirer]

Re: Marstons Seize Car Today

Did you not receive notice of the claim against you?

[essential75]

Re: Marstons Seize Car Today

Only had the court papers but nothing from Marstons

[wales01man]

Re: Marstons Seize Car Today

If the Bailiffs were to write before turning up everyone would be hiding cars and assets so they cannot be seized ? Rather defeats the object somewhat

[ploddertom]

Re: Marstons Seize Car Today

The argument is that the creditor has claimed for far more than i was already paying on the rental of a machine, i still have the machine in a lock up, i was paying £50 per month on the contract and she has claimed £65 per month for 50 months, the car was also in my wifes name and she never signed the contract only me, the car was bought outright by us and we were trading as a sole trader, i cannot also find any details of the rental company online so dont even know if they are still trading

So as a Sole Trader everything was in your name but the car is in your wife's name. Has she considered making a 3rd Party claim as to ownership of the vehicle? This is made in writing to the HCEO - email followed by a letter is fine - they are supposed to ask the Creditor whether they accept the claim or not, if accepted then the vehicle must be returned but if not could be put forward for an Interpleader Claim.

In the meantime you apply for a Stay of Execution against the Writ on the grounds that:
i - you cannot afford the fees demanded
ii - the claim made was in excess of the original agreement
iii - the HCEO has seized and removed a vehicle that is subject to a 3rd Part claim
iv - the HCEO is threatening to sell the removed vehicle


There is possibly aanother ground but that will depend on ground ii listed above, what you should perhaps have done initially was to have made a Counterclaim to the original Judgment. I assume you have Rental Agreement which shows the payments due.

[essential75]

Re: Marstons Seize Car Today

Yes the contract says both our names but it was only me who signed it so did the HCEO have to right to take the car? looks like a stay of execution is the only way forward, they have held the car for 7 days to give us time to pay the full amount then it will go to auction, if the car does go to auction and doesn't end up making enough to cover the full amount can the HCEO come back for more? also is he able to remove my van which i rely on heavily for work? thanks and sorry for all the questions

[essential75]

Re: Marstons Seize Car Today

Also my wife used her car to collect items from one of our suppliers on a regular basis and obviously she can no longer do this as its quite a drive away so her work would also suffer

[ploddertom]

Re: Marstons Seize Car Today

Yes the contract says both our names but it was only me who signed it so did the HCEO have to right to take the car? One way to find out is to submit a 3rd Party Claim as if nothing else may make them stop & think. looks like a stay of execution is the only way forward, they have held the car for 7 days to give us time to pay the full amount then it will go to auction, if the car does go to auction and doesn't end up making enough to cover the full amount can the HCEO come back for more? Unfortunately yes also is he able to remove my van which i rely on heavily for work? In theory the vehicle is a tool of the trade providing you work as a Sole Traderbut if there are others who drive it then it may not be safe, if possible I would try & hide it away somewhere. thanks and sorry for all the questions

PTPT