Marstons Bailiffs and Anglian Water Authority problem

[Pixie123]

I had a CCJ with Anglian Water in 2009 which I was paying up to August last year when I realised that over the last few years my bills seemed to be rising and rising. I got in touch with Anglian Water last August and they went through an occupancy in house and how much water you would use in a week. They couldn't understand how I was using so much. They were to send a person round in November but it was not convenient for me. I continued to pay my current water bill at a higher monthly amount as didn't want to get behind with current payments but felt that the CCJ debt had an issue. I had a surprise no notification visit from Marstons in March. I was not at home but my husband was. He left a Form 55 with my husband. My husband did not allow the bailiff in the house. The bailiff wrote down the make and registration of my husbands car (in my husbands name) on the form 55 and he signed it the total I owed with all his costs etc was £1297 and left it with my husband. The actual CCJ now owing with Anglian Water is £765. When I got home I rang Anglian Water who finally agreed to send someone out to investigate the high water usage. They also rang Marstons and suspended any further action pending the water leak query. It was confirmed that I did infact have a leak in my toilet cistern, the guy said it was so deteriorated it could have been like it for months and months!! He let his office know and Anglian Water agreed to refund me £288 being only one year leakage allowance. They would not however take this off my CCJ debt but took it off my current bill account which I am not happy with. Anglian Water continued to suspend action with Marstons and Anglian Water advised me to not to let Marstons in my property and apply to the Court to have the CCJ and the Writ set aside (stay of execution) and told me the cost was £80 each. I saved up but by the time I had the money the court costs had gone up to £155 each!! I rang Anglian Water in tears and asked them how long they had suspended Marstons for but they weren't as helpful this time and told me I had to contact Marstons. Marstons would not set up an instalment plan without their guy coming in my house to levy goods to the value of the CCJ and their costs!!
I got a letter from Marstons today to say that they are coming in 7 days with a removal contractor to take items to the amount owing which is now less than above mentioned as is now £1160!! Im very scared. I want to pay Anglian Water the rest of what I owe them £765 less £288 (leakage allowance), can I do this and get Marstons off my back? If I pay what I owe direct to Anglian Water (I can do this on faster payment service) then Marstons haven't got a debt to chase.
Please can someone advise as I don't have a lot of time and am really worried.
Thank you

[Pixie123]

Re: Marstons Bailiffs and Anglian Water Authority problem

I have spoken with anglian water this morning and they have transferred the £288.20 leakage allowance against the marston account and are emailing marstons now. I'm to ring marstons in 2 hours time to see if I can pay in instalments. Will this stop marstons coming on Tuesday as obviously the balance is less than stated in their letter?

[ploddertom]

Re: Marstons Bailiffs and Anglian Water Authority problem

Sounds like Anglian Water are being very economical with what they have done.

What you should do is make application to the Court to have the CCJ Set Aside as the sum claimed by AW was wrong. Taking £288 from the what they claimed £765 leaves about £477 - to transfer a debt to the High Court for enforcement it must be for more than £600.

If AW are not willing to stop Marstons then you will also need to apply for a Stay of Execution against the Writ that Marstons have. Admittedly unless you can pay what is outstanding after taking the new figures into account you will still have a CCJ you can make arrangements through the Court to pay this at an affordable amount.

[Pixie123]

Re: Marstons Bailiffs and Anglian Water Authority problem

Thank you for your reply. I've rung Marstons and they state that the judgment debt from anglian water is £1213.20 !! So I'm back on the phone as we speak to anglian water as they have confirmed I now only owe £476.25. They also confirmed that they sent docs to marsdens to claim £764.45 so I'm confused . Would anything have been added to the £764.45 to transfer to marstons?

[ploddertom]

Re: Marstons Bailiffs and Anglian Water Authority problem

The figure Marstons are quoting will include their fees. Only speak to marstons on the phone if you can record the call - they can be very selective if no record is being kept. Am off to work shortly but will look in later. In the meantime hunt out all the documentation you have about this ranging from Court docs from AW and what notices you have had from Marstons.

[bizzybob]

Re: Marstons Bailiffs and Anglian Water Authority problem

Did you ever get any Court documents regarding the CCJ? It looks like they may have got a default judgment then bumped it up with fees to more than the £600 to get a writ, naughty.

[ploddertom]

Re: Marstons Bailiffs and Anglian Water Authority problem

I would go back to AW and ask to speak to someone in authority. Point out the dispute you had and had the leakage been taken into account they would only have got a CCJ for £xxx which would have prevented them transferring it up to High Court for enforcement. You should also ask that because of this they close the account with Marstons.

If they are unwilling to do any of that then inform them you have no option but to go back to Court for Set Aside counterclaiming for the leakage amount, a Stay of Execution against the Writ, your costs involved in this and a low payment offer towards the debt.

[Pixie123]

Re: Marstons Bailiffs and Anglian Water Authority problem

Hi anglian water have rung and told me that they've spoken to Marstons about the amount discrepancy and marstons are carefully going through everything and letting anglian water know if they find the discrepancy and they are writing to me with a breakdown of everything and putting my account on hold for a week. I will have to wait for their letter and see what the breakdown is. I can't find my original CCJ doc but it was £1213.20 but obviously since then I've made payments to bring it down to £764.45 before it was passed to marstons. I don't know how to stay of execution or anything against marstons. Thank you both

[bizzybob]

Re: Marstons Bailiffs and Anglian Water Authority problem

apply on form n245 from the moj website, one of the reasons can be you cannot afford the fees Marstons are demanding, and another could be that the original CCJ was based on an erroneous sum, which was less than they applied for. so you are pending a set aside (form n244) Ploddertom will advise you further on this I feel

[Pixie123]

Re: Marstons Bailiffs and Anglian Water Authority problem

Just another point all I've had from marstons was the officer coming on 7 march who spoke to my hubby as I was at work, my hubby didn't let him in the house, who left a form 55 notice of seizure which the officer had signed but obviously I haven't. He wrote down the details of my hubby's car on the form which obviously is on my hubby's name and he's the owner so they can't use it as security. Then I got a text message two days ago from marstons saying they're executing the writ and I was to ring them. I didn't ring them. Then just the letter yesterday stating they were coming on 27 may with removal team!

[Pixie123]

Re: Marstons Bailiffs and Anglian Water Authority problem

Thank you bizzybob

[ploddertom]

Re: Marstons Bailiffs and Anglian Water Authority problem

If you need to go down the route for a Stay of Execution then just shout - application cost is £155 unless on certain Benefits or low wage.

[Pixie123]

Re: Marstons Bailiffs and Anglian Water Authority problem

If you need to go down the route for a Stay of Execution then just shout - application cost is £155 unless on certain Benefits or low wage.

Thank you I will be in touch once I've got their letter for your advice

[Pixie123]

Re: Marstons Bailiffs and Anglian Water Authority problem

Just a thought if I paid anglian water directly the £475 owing now (I was paying the agreed sum of £30 per month through faster payment service online) then surely the account is clear and my CCJ is satisfied? Surely then Marstons will have to leave me alone as there would be no outstanding debt with Anglian Water. What do you think?

[ploddertom]

Re: Marstons Bailiffs and Anglian Water Authority problem

You may indeed pay them direct but they may return it to you or pass it on to Marstons. If they accept a direct payment from you then they become liable for Marstons fees.