Marston Debt

[Ostrich in sand]

Hi all

I had problems with my Gas bill, and as I didn't pay them I got taken to court and well got a CCJ placed against me. Now to avoid the bailiffs coming round and taking my stuff I entered into a payment plan with them. I am on benefits, have been on so I offered them £15.00 a fortnight, and have been paying them ever since September 2011.

I got contacted in September 2012 from them telling me that in August 2012 they had changed there bank account and could I change the account that I paid my debt into them. Which kinda annoyed me as they had left it over a month to inform of this change. Now I had rung them up to find out what my debt was currently outstanding. The CCJ was for £1,295.00 and after a year paying them I thought I would have been down to £995.00. However when I spoke to the recovery department they shocked me and said my debt was now £1,600.00, they had been adding statutory interest of 8% apr to it so I have felt like I have been paying last years money for nothing.

Is there anyway that I can get the interest frozen and can interest be added to an energy debt?

Thank you for any help offered.

[Inca]

Re: Marston Debt

Hi Ostrich,,and Welcome to LegalBeagles,,I can't help you but I'm sure one of the lovely people from here will be along and help you sort this out

[ploddertom]

Re: Marston Debt

Where does Marstons come into this? Has the CCJ been transferred to the High Court for enforcement? Who are making payments to?

[Ostrich in sand]

Re: Marston Debt

Marston's were handed the debt from Wilkin Chapman Solicitors at some point after 23 August 2011. The date is from the Judgement for Claimant in Default. I am making the payments to Marston's every fortnight of £15.00.

If you want any more information please feel free to ask.

[bluebottle]

Re: Marston Debt

I don't know of any case or statute law that allows a creditor to keep adding interest after judgement. As far as I am aware, interest is added to the amount claimed at judgement and that is it. You need to speak to a legal professional at your local Law Centre or Community Legal Service office. They can provide you with free or very low-cost legal advice/assistance. If the energy company is adding interest the law does not allow them to add, you may need to go back to the court that made the CCJ for direction. This is why you should contact your local Law Centre or CLS office.

I hope this helps.

[ploddertom]

Re: Marston Debt

Marston's were handed the debt from Wilkin Chapman Solicitors at some point after 23 August 2011. The date is from the Judgement for Claimant in Default. I am making the payments to Marston's every fortnight of £15.00.

If you want any more information please feel free to ask.

I assume Marstons knocked at your door, in which case they are attending as High Court Enforcement Officers and it also explains why you owe more now that you did originally. Did they leave you with a Form 55? Did they gain access to your home or otherwise make a levy on goods outside?

[Ostrich in sand]

Re: Marston Debt

Nope all letters I remember were by regular royal mail. What is a form 55? They did not gain access to my flat as I am on the first floor and only have one point of entry as it is my bedroom window which is seldom open.

[miliitant]

Re: Marston Debt

I don't know of any case or statute law that allows a creditor to keep adding interest after judgement. As far as I am aware, interest is added to the amount claimed at judgement and that is it. You need to speak to a legal professional at your local Law Centre or Community Legal Service office. They can provide you with free or very low-cost legal advice/assistance. If the energy company is adding interest the law does not allow them to add, you may need to go back to the court that made the CCJ for direction. This is why you should contact your local Law Centre or CLS office.

I hope this helps.

i have come across this before as i am dealing with an issue at work with a collegue and HCEO SHERFORCE

my member has a ccj against him which was passed up to HCEO

it turns out it is HCEO that is charging the 8 % post judgement interest, even though it is not shown on the original ccj judgement

i have demanded the statutory provision from sherforce that allows them to charge post judgement interest but i am still waiting

might happy contrails look in to advise if he is around

ploddertom

have yopu any answers to my question

many thanks

[ploddertom]

Re: Marston Debt

A Form 55 is issued by the High Court notifying you the person attending is a High Court Enforcement Officer who has a Writ of Fi Fa commanding him to seize all your goods for removal to sell in order to satisfy the debt or part thereof. It sounds worse than it is so please don't worry.

How did you agree to pay the £15-00?

[pepsie]

Re: Marston Debt

i have come across this before as i am dealing with an issue at work with a collegue and HCEO SHERFORCE

my member has a ccj against him which was passed up to HCEO

it turns out it is HCEO that is charging the 8 % post judgement interest, even though it is not shown on the original ccj judgement if it is not on the Judgment then they cannot charge it.

i have demanded the statutory provision from sherforce that allows them to charge post judgement interest but i am still waiting

might happy contrails look in to advise if he is around

ploddertom

have yopu any answers to my question

many thanks

I have not long since done battle for another with Sherfarts.....at the preliminary hearing to a stay of execution the Judge herself got very cross when it was shown to her the interest being charged was not given by order at the ccj stage, subsequently she told them to remove it, then went one step further and ordered they provide a bill of costs to ALL their charges for detailed assessment, the result of that hearing......well execution costs were allowed but fees in excess of £1200+ were reduced to £111. 00 in total.

Start the ball rolling with a request for a breakdown of fees and a copy of the writ from SF. then come back to the bailiff forum and lets see what we have got to go with.

Pepsie

[miliitant]

Re: Marston Debt

like it

no wonder the silence is defening

many thanks

[bluebottle]

Re: Marston Debt

All respect to the judge in that case, Pepsie. I bet Sherfarts were well p*ssed-off when the judge did that. I had a feeling interest could not be added unless ordered at judgement and then only if the judge ordered it to be added continuously rather than the more usual "one-off" basis.

[Ostrich in sand]

Re: Marston Debt

A Form 55 is issued by the High Court notifying you the person attending is a High Court Enforcement Officer who has a Writ of Fi Fa commanding him to seize all your goods for removal to sell in order to satisfy the debt or part thereof. It sounds worse than it is so please don't worry.

How did you agree to pay the £15-00?

I did a letter to them explaining that I am ill and currently receiving treatment from my local psychiatric unit and also mentioned my support worker and enclosed a budgeting plan showing them my breakdown of income and expenditure. I cannot recall a form 55.

A copy of the letter that I sent them

DearSir/Madam

RE: ********** EDF Energy Customers plc.

I am writing to you in relation to the above outstanding gas account. I know that I have not made payments to you in relation to my gasbill, this is down to ongoing issues within
my mind where I don’t care about myself and have neglected myself physically,psychologically and financially.

With the aid of my support worker, ******* ******, we are currentlyworking on my financial situation in order to get, me back upon myfeet as it were. I am currently
undergoing psychological help through the ARC (Active Recovery Community) at ****** hospital for my mental health.

Due to my current financial experience, please see attached PersonalBudget Statement I am offering to make repayments of £15.00 afortnight, £7.50 a week. To help clear
my arrears with yourselves.

I hope that this goes some way towards being able to settle the account.

Yours faithfully,

Mr X.

[pepsie]

Re: Marston Debt

I did a letter to them explaining that I am ill and currently receiving treatment from my local psychiatric unit and also mentioned my support worker and enclosed a budgeting plan showing them my breakdown of income and expenditure. I cannot recall a form 55.

A copy of the letter that I sent them

DearSir/Madam

RE: ********** EDF Energy Customers plc.

I am writing to you in relation to the above outstanding gas account. I know that I have not made payments to you in relation to my gasbill, this is down to ongoing issues within
my mind where I don’t care about myself and have neglected myself physically,psychologically and financially.

With the aid of my support worker, ******* ******, we are currentlyworking on my financial situation in order to get, me back upon myfeet as it were. I am currently
undergoing psychological help through the ARC (Active Recovery Community) at ****** hospital for my mental health.

Due to my current financial experience, please see attached PersonalBudget Statement I am offering to make repayments of £15.00 afortnight, £7.50 a week. To help clear
my arrears with yourselves.

I hope that this goes some way towards being able to settle the account.

Yours faithfully,

Mr X.

Did you send this letter to the creditor ie:EDF or to Marstons?

Pepsie

[pepsie]

Re: Marston Debt

All respect to the judge in that case, Pepsie. I bet Sherfarts were well p*ssed-off when the judge did that. I had a feeling interest could not be added unless ordered at judgement and then only if the judge ordered it to be added continuously rather than the more usual "one-off" basis.

BB this is the fourth time this year a Judge has stepped in to question the HCEO fees when my 'clients' have gone for stay of execution citing the 'costs' as reason they can see no way forward to satisfying the debt. When fees are being constantly added it becomes a lifetime debt in some cases eg. I have a 72 year old with a debt of £720 escalated to £2100 with HCEO 'fees', I got an application for a stay of execution granted and with a variation order to payments the debt is to be paid at £10 pcm (with permission to return to lower the payment if my client finds it causes hardship) but more importantly the Judge ordered the debtor to pay the creditor direct and not the HCEO.


I refer to those I help both on and off this and other forums as 'clients'...to qualify that (just in case it is misconstrued) they are non paying 'clients'.