The lovely Marstons yet again!!

[cosyjim]

Am a Director of a small company with a CCJ which was paid and have acknowledgment from Claimant's Solicitors that they got it before Christmas. Letter sent with cheque stated that it was in full settlement of the claim - they have banked it and it has gone through our Bank. Marstons arrived just before new year and left a NoS on a vehicle owned by the company (unsigned by us- office unmanned, letter left in post box!). We did not receive this until early in the New Year as the office was closed until then. Claimant obviously has not informed their Solicitors in time to call them off. Solicitors say Marstons were sent to recover "balance" (Marstons are calling it "arrears") which clearly means Marston's fees although NoS states total amount (ie including amount paid to Claimant) and seem unwilling to call them off. I am presuming Marstons are unable to levy against their own charges; that the NoS is invalid as it is unsigned (levy abandoned?); that the vehicle constitutes a "tool of trade" and also that the levy (if it were due) would be excessive. Have also spoken to the Court stated on the NoS (Form 55) and they say they don't even use Marstons so am presuming it is one of their Mickey Mouse forms despite the fact is quotes an HCEO number. Threatening Removal Contractors so just checking I have things correct before they arrive. Any help on this would be very much appreciated.

[CleverClogs]

Re: The lovely Marstons yet again!!

1. When was the CCJ given?
2. How much did your company owe, including costs?
3. When did the payment clear?

I do not believe it would be at all safe to presume that the levy was abandoned, nor do I believe there would be any sense in stating that the vehicle is a "tool of the trade", as that applies to bailiffs rather than HCEOs and to the property of natural persons rather than companies.

Can you scan or photograph the NoS, remove the details of your company's name and address, upload it to http://postimage.org/ and then post the direct link here?

[bluebottle]

Re: The lovely Marstons yet again!!

Do you know if Marstons were instructed, as HCEOs, prior to you settling the CCJ or afterwards?

[cosyjim]

Re: The lovely Marstons yet again!!

Hi - thanks for responding so quickly.

CCJ was in mid-November in the sum of £ including costs and cleared the account the same day Marstons arrived at our premises, and the same day that the Solicitors sent us a letter acknowledging the Claimant's receipt of the cheque, although we did not know about the latter two until early in the New Year.

Don't have a scanner to hand and not easy to photo due to small print. Will try to do this tomorrow.

Thanks again.

[CleverClogs]

Re: The lovely Marstons yet again!!

It would have been a "forthwith" judgement, so why was it not paid in a more timely manner? Was there some dispute about the costs?

[cosyjim]

Re: The lovely Marstons yet again!!

Hi. The Solicitors say it was prior to us settling the CCJ but we sent the cheque and when we had had no response and it had not cleared our account, we rang them (the Claimants)to check if they had had it, and they said not. The first we knew Marstons or Solicitors were involved was early in the New Year when we got our post. The Claimants said nothing when we rang.

Clearly they had instructed Solicitors and in turn Marstons but have not informed us despite the fact we have paid in a reasonable time.

Thanks again.

[cosyjim]

Re: The lovely Marstons yet again!!

Hi again

Judgment was mid-November, Order was not typed up until six days later and a few more days for us to receive it so probably towards the end of November. No dispute about costs and letter with cheque posted about two weeks later.

[ploddertom]

Re: The lovely Marstons yet again!!

The only way to settle this is to see a timeline of events eg date of CCJ etc. It sounds as if the HCEO was instructed in the interim period .

[ploddertom]

Re: The lovely Marstons yet again!!

The Form 55 should tell you that it was transferred from XYZ County Court on XX/YY/ZZZZ. Can you also list this date?

[cosyjim]

Re: The lovely Marstons yet again!!

Thanks for your reply - what would be the "interim period"? - Judgment notice dated 19/11/13 - received in post a few days later. Form No. 55 does not state when it was transferred from the hearing County Court, only what District Registry - High Court of Justice, Queens Bench Division it was transferred to - it was they (the?? District Registry) who told me that they did not use Marstons which was when we became suspicious that the NoS was not what it seemed. Many thanks for your response.

[ploddertom]

Re: The lovely Marstons yet again!!

It is the CCJ that is transferred and this would be in the Judgment Creditors name even if Marstons have done the work. The Court are misleading you slightly on how things work. The Form 55 should have a date somewhere on it though.

What I meant by a timeline is:
Date of Issue of CCJ - XX/YY/ZZZZ
Date of Issue of Writ - ZZ/XX/YYYY
Date payment made in clear funds - when it actually clears through the bank - YY/ZZ/XXXX

Therefore if the payment is made after the Writ has been issued then all you should be accountable for are the Judgment Costs & Costs of Execution. If your Creditor has not notified the HCEO that payment has been made then that is their problem.

[cosyjim]

Re: The lovely Marstons yet again!!

We do not know the date of issue of the Writ of FiFa and have not seen it, only a mention of it in a letter from Marstons, so cannot give a date for the timeline. There is no date at all on the Form 55 other than the date it was left in the post box which is handwritten, as is the address of our premises. Should the Form 55 have had a Court stamp on it? Also, could it be that a Writ has not actually been issued?

[cosyjim]

Re: The lovely Marstons yet again!!

Have just checked with the County Court and the writ was issued and transferred to the District Registry, coincidentally the same day we sent the cheque to the Judgment Creditor. I was obviously given the wrong information yesterday which was rather unhelpful.

Therefore, the timeline is this:
CCJ - 13/11/13
Writ - 13/12/13
Cleared funds through our Bank - 30/12/13.

As I said before, we paid the amount on the judgment having no knowledge of the Writ. Am presuming that we are therefore only liable for the Execution costs of £111.75 and not Marstons fees and interest as these were incurred after the cleared funds and due to the failure of the Claimant and their Solicitors to inform Marstons of full payment.

Thanks again.

[ploddertom]

Re: The lovely Marstons yet again!!

First thing I will say is that marstons have done nothing wrong and are just acting on instructions.

Your creditor on the other hand should hang their heads in shame. Although they have done nothing wrong you have been given no notification the CCJ was awarded against you - no doubt they would say you knew about the case as paperwork was provided? But going for a Writ immediately on receipt of the CCJ is a bit naughty.

Having had a Writ issued they should have notified the HCEO when they received the cheque & again when the cheque cleared. In the period while this was awaiting clearance then any enforcement action should have been put on hold. It should be the "contract" they signed with Marstons over this should have staed this + by accepting payment and not notifying them should render them liable for the enforcement costs which were then added.

You say the Execution Costs were £111-75 - this amount can only be charged if solicitors were employed to do the actual paperwork! If not then the Execution Costs should be a lot less.

If you are still on talking terms with your Creditor then take it up with them. Marstons I suspect will only be interested in who is going to pay them. As the CCJ was paid within 28 days then you should be able to have the CCJ removed from your records but will need to submit proof of payment to the Court.

[cosyjim]

Re: The lovely Marstons yet again!!

Thanks for your detailed reply - yes, a bit naughty we thought. However, Solicitors were involved with the Creditor's paperwork hence the extra £51.75 which we are happy to pay in addition to clear this up. We are not on talking terms with the Creditor and will be taking the matter of the HCEO costs up with their Solicitors today - have no intention of paying these as the HCEO costs were obviously incurred AFTER the cheque had cleared. Naughtier still!. Have already applied to the Court to have the Judgment marked as paid and to get a Certificate of Cancellation. As you say, Marstons are only doing as instructed but to have a NoS for a debt we thought had been settled was not a great start to the New Year!