MARSTONS Bailiff

[ploddertom]

Re: MARSTONS Bailiff

I found out from DG soliciters and they quoted the court no etc in their letter

Have you seen sight of the Court documents since? Are you in a position to pay off the original sum owed? Do you know how long after Judgment was entered that Marstons were instructed?

[Dahtman]

Re: MARSTONS Bailiff

Havent seen any court documents. I am I no position whatsoever to pay this off. I pay £55 per month and that is crippling me. I was told about the judgment order by DG solicitors who wrote to me with the court , claim no, balance outstanding and my account no. Havent got a clue when it went to court. They mentioned a writ of Fiera Facias if I didn't contact them. I contacted them but they wanted more money monthly that I could offer. So they sent Marstons. The letter was postmarked 4 August 2013

[ploddertom]

Re: MARSTONS Bailiff

Sorry for all the questions but am trying to establish a way forward for you to your benefit. As you have had nothing from the Court I would say you could apply for Set Aside but if you cannot afford to pay back what you owe then this probably wouldn't work as you would just end up swapping one CCJ for another and put you back in the same place here you are now. All is not lost lost however as there are somethings you can do to ease the pressure.

1 - apply for a Variation Order - this is a simple form to fill in including I&E and allows you to make an offer of monthly payment that is affordable to you. If the Claimant disagrees with what you are offering then a Judge can decide. If your circumstances change for the worse there is nothing stopping you re-applying, the converse is also true whereby the Claimant can also apply to increase payments but as long as your I&E dictates otherwise this won't happen. This is applied for on Form N245 available from HMCTS website, application fee approx £50 but see below for more on this.

2 - apply for a Stay of Execution against the Writ the Enforcement Agent has. If granted this will halt all further enforcement action & charges. Your grounds for applying are:
i - you cannot afford the fees demanded
ii - you have no knowledge of the original Judgment as you have received nothing from the Courts
iii - pending determination of a Variation Order
iv - the Notice of Enforcement from the Enforcement Agent is non-compliant with Regulations as it does not give a clear 7 days Notice
v - the Enforcement Agent and/or the Enforcement Co refuse to supply a list of charges added to the Judgment

This application is more important than that of the Variation Order and is applied for on Form N244 - again from HMCTS website. Application Fee is £155 - see below for more on this.

If you are on a low wage or certain Benefits then you may qualify to have the Court fees paid in full or in part by remission. See Forms EX160a & 160c for further details.

[Dahtman]

Re: MARSTONS Bailiff

Thankyou Ploddertom. Very helpful you have been. Im onto what you have advised straight away. Again thankyou for your time and thankyou for being patient. I will let you know how I go on.

[ploddertom]

Re: MARSTONS Bailiff

Thankyou Ploddertom. Very helpful you have been. Im onto what you have advised straight away. Again thankyou for your time and thankyou for being patient. I will let you know how I go on.

If you need a hand with the N244 - it can be a little awkward - then just shout.