Marstons Notice of Enforcement

[mummy22]

Recieved this letter in post over weekend, dated 6th May. We were away all last week so could have turned up at any point.

First of all, it is in my maiden name, which I have not been using since I got married in 2008.

Apparently it is a "High Court Writ of Control based upon Judgement obtained by South East Water, on 20th Feb 2012 in the County Court, transferred to the High Court for enforcement."

Debt is £1073.93, been charged interest of £4.01, Compliance Stage fee £90.00 so total sum outstanding £1227.94

Now I had no idea about this debt as have never been contacted by South East Water themselves.

Been told I have to either pay in full or arrange a payment plan with them by today at 5pm.

I can't afford to pay it, but they're saying if I don't An Enforcement Agent will come to my house.

Can anyone give me any advise please?

[ploddertom]

Re: Marstons Notice of Enforcement

Was it sent 1st or 2nd Class via Royal Mail or snail mail via UK Mail or similar?

[mummy22]

Re: Marstons Notice of Enforcement

It was franked. Doesn't say whether 1st or 2nd class, just postage paid.

This debt isn't even for this property.

[ploddertom]

Re: Marstons Notice of Enforcement

If franked by Royal Mail it will still have figures 1 or 2 visible if by another mail provider it usually tells you who it was or gives an another number. The reasons for askin are that they have to give you 7 clear days notice. Does the letter give a date by which you must contact them.

If sent 1st Class their letter would be deemed to be delivered 2 days later & then counting 7 clear days not including Sunday takes us toSaturday 17 May.

If sent 2nd Class and using the same principles above it would be deemed deleivered 5 days later which would then mean 7 clear days does not occur until Wednesday 21 May.

Using one of the mickey mouse mail providers takes even longer and would hazard a guess at 7 clear days being Friday 23 May.

I have seen others who have just given 7 days from the date of the letter and this clearly wrong altogether.

[mummy22]

Re: Marstons Notice of Enforcement

It says 0050? Royal Mail though. Gave me til end of today to respond x

[ploddertom]

Re: Marstons Notice of Enforcement

You also need to get onto the Water Co to find out what this all about. Sounds as if you have been billed for a period of time up until you moved or they have continued billing you after you moved.

[mummy22]

Re: Marstons Notice of Enforcement

While I get onto the water company though, what if the enforcemnt officer turns up here? does he have right to enter property?

How come it has taken 2 years for them to do something about it? The CCJ was in Feb 2012?

[bizzybob]

Re: Marstons Notice of Enforcement

No right to enter if you don't let or invite him in, move any car away or he will take control of it

[mummy22]

Re: Marstons Notice of Enforcement

Can't take control of a mobility car can they? I thought it was counted as finance?

[ploddertom]

Re: Marstons Notice of Enforcement

He has no automatic right of entry and as it is a residential premises cannot force entry either. The CCJ although it was awarded more than 2 years ago may have lain dormant as they did not know what to do. The other Enforcement Co that the Water people use are on their way out so I hear, Marstons will have cross refenced you with the Electoral Roll and other similar directories to get your present address.

[ploddertom]

Re: Marstons Notice of Enforcement

Can't take control of a mobility car can they? I thought it was counted as finance?

Certainly not, make sure the BB is on display at all times as this serves as a warning, the tax disc should also give it away as it should be in a Disabled taxation class.

[bluebottle]

Re: Marstons Notice of Enforcement

All Motability vehicles have a Disabled tax class showing on the VEL. However, so do privately-owned vehicles where the owner/keeper is entitled to a Disabled VEL.

[bizzybob]

Re: Marstons Notice of Enforcement

All Motability vehicles have a Disabled tax class showing on the VEL. However, so do privately-owned vehicles where the owner/keeper is entitled to a Disabled VEL.

In which case that should be exempt also as it is an essential; for someone on High Rate DLA. think the EA would take it in spite of Zero VED if not on Motability or finance. Other thing to note. there will need to be a continuous display of Blur badge after September when tax discs are abolished.

[wales01man]

Re: Marstons Notice of Enforcement

A continuous display of a Bule badge is this for the Baillif or law for all blue badge holders after all the badge is for the Holder not the car?
Is this another cock up in the new Bailiff rules

[bluebottle]

Re: Marstons Notice of Enforcement

I am entitled to a Disabled VEL, BB, due to my being on Higher Rate Mobility Component of DLA. Those who are on this rate are issued with a certificate by DWP which bears a serial number. Both the claimant's name and the serial number are laser-printed onto the certificate. This certificate is forwarded to DVLA so that they can register the claimant's exemption from Vehicle Excise Duty (Road Tax). Any EA who cannot be bothered to conduct even rudimentary checks as to the status of a motor vehicle and seizes it out of greed, laziness or dishonesty deserves to have it come back and bite them hard on the backside.