MArston Group/ Co-Op Fictitious Debt High Court

oopsydoo · 20 October 2017 at 1:14PM

Today Ive received a debt notice that I know it is wholly fictitious. It stems from when I had an account with the energy company- co-op- who completely cocked up my account. After a year of paying monthly with regular meter readings, I then moved when I was out of contract. The account was a zero balance at the time of moving to the new company. The new company and co-op had all the closing meter readings. I spoke to them on the phone and all was well.

About two- three months after I left co-op I started getting a debt collection letter for about £600 completely out of the blue.

Firstly, the new company would not take on an account unless the old was paid up. Secondly I know there was a zero balance at transfer.
I wrote to co-op, but they ignored my letters and continued to send debt requests.

Now, out of the blue again with no prior court warning, I have a new debt company chasing this debt ( Marston) only its gone up to £1327.Marston ( who are new- never heard of them before) sent as a ‘notice of enforcement’ threatening

that a ‘high court writ of control’ has had a judgement against me. However, this is the first court letter I have received in relation to this debt.

I have no idea how to tackle this or who to involve to fight it. I do not owe this money, the bill ever existed. At the time when all these bills were issued the co-op had several months of computer system fails which my account was caught up in, and I think I have been a victim if that.
According to the letter, I have only until 30th October to arrange payment when I only received the letter today (20th).

Where can I go to get someone to intervene? I have not contacted Marston yet.

StopIt · 20 October 2017 at 1:45PM

Fictitious debt or not, a High Court writ is not something to mess around with.

If the debt is not valid, you need to apply for a Set Aside immediately. Find the original County Court Judgement (Can be found on the letter of enforcement you got, otherwise https://www.trustonline.org.uk/ will have it. It costs £255 to do this, and requires a defence against the debt and a reason you didn't contest this before.

If you do not, you will get a visit from a HCEO. If you do, do not let them in, lock all doors and keep your car well away from your house.

For more detailed help, visit the National Debtline website, or give the, or the CAB a call. They can help with specifics.

fatbelly · 20 October 2017 at 2:42PM

(mentally adds co-op to list of energy companies to avoid)

Good advice there. The ccj reference is key. It is probably not on the paperwork that you have been sent but it should appear on trustonline (see above) or on any credit report you get.

You then need to set aside the underlying judgement - this may cost £255.

Factsheet explains

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

Technically you should also apply for a stay of execution to the High Court

https://www.nationaldebtline.org/EW/factsheets/Pages/highcourtenforcement/highcourtbailiffs.aspx

sourcrates · 20 October 2017 at 2:53PM

Just to add, if you are on a low income, you can apply for remission of the court fee at the same time as the set aside application :

https://www.nationaldebtline.org/EW/factsheets/Pages/helpwithcourtfees/courtfees.aspx

oopsydoo · 20 October 2017 at 3:41PM

Thanks for your replies. On sending the letter to a friend of mine who works in debt industry, he says this is NOT a high court writ. Its a threatening letter from Marston pretending to be one. There is no court document, stamp, or the usual judge & address details etc. Its a letter saying they "will" not they "have."
however, it is clearly designed to strong arm you into panic mode.
I have written to some top brass ( courtesy of my friends recommendation) in the ombudsman, Marston and Co-op. Hopefully this will put it to bed.

sourcrates · 20 October 2017 at 3:55PM

oopsydoo wrote: »

Thanks for your replies. On sending the letter to a friend of mine who works in debt industry, he says this is NOT a high court writ. Its a threatening letter from Marston pretending to be one. There is no court document, stamp, or the usual judge & address details etc. Its a letter saying they "will" not they "have."
however, it is clearly designed to strong arm you into panic mode.
I have written to some top brass ( courtesy of my friends recommendation) in the ombudsman, Marston and Co-op. Hopefully this will put it to bed.

Marston are a firm of bailiffs.

For them to be involved at all, there must of been a county court judgement granted against you, they are a judicial services firm, providing court order compliance, they are not just your common oh garden debt collector.

You still need to fight this as described above.

fatbelly · 20 October 2017 at 4:39PM

oopsydoo wrote: »

Thanks for your replies. On sending the letter to a friend of mine who works in debt industry, he says this is NOT a high court writ. Its a threatening letter from Marston pretending to be one. There is no court document, stamp, or the usual judge & address details etc. Its a letter saying they "will" not they "have."
however, it is clearly designed to strong arm you into panic mode.
I have written to some top brass ( courtesy of my friends recommendation) in the ombudsman, Marston and Co-op. Hopefully this will put it to bed.

It's a compliance stage letter from the HCEOs - carries a £90 fee

Looks like this

http://bailiffadviceonline.co.uk/wp-content/uploads/2017/03/1-Notice-of-Enforcement-Copy.pdf

oopsydoo · 2 November 2017 at 11:50AM

Since I wrote this I have got the ombudsman involved. I have proved that there was an error on the original meter reading for my gas which created this massive debt. Although I have attempted to show all parties this I have now received a letter via email stating that Marston wont back down from the writ. I am on a low income but not officially ( I dont claim benefits etc).
I am at my wits end, as no one seems to be able to really help, and from your replies above I have to pay to set aside something which was no debt to begin with. Is there any way I can get the media involved or something to stop this going forward. Its utterly ridiculous.

oopsydoo · 2 November 2017 at 11:53AM

Sorry I dont understand- what is "It's a compliance stage letter from the HCEOs - carries a £90 fee"
What fee- who has or does pay it?

StopIt · 2 November 2017 at 12:49PM

oopsydoo wrote: »

Since I wrote this I have got the ombudsman involved. I have proved that there was an error on the original meter reading for my gas which created this massive debt. Although I have attempted to show all parties this I have now received a letter via email stating that Marston wont back down from the writ. I am on a low income but not officially ( I dont claim benefits etc).
I am at my wits end, as no one seems to be able to really help, and from your replies above I have to pay to set aside something which was no debt to begin with. Is there any way I can get the media involved or something to stop this going forward. Its utterly ridiculous.

This was advised before.

A high court writ can only be challenged one way, through the issuing court.

You have literally wasted 2 weeks doing this.

The only way is to get a set aside. The media wont really get a HCEO to stop a writ being enforced, alas. Use the links already posted and seek legal advice to craft a defence against the debt.

Use the evidence of the error to show the court the debt isn't valid. If they accept this, the set aside will be granted and the writ cancelled.

fatbelly · 2 November 2017 at 7:49PM

oopsydoo wrote: »

Sorry I dont understand- what is "It's a compliance stage letter from the HCEOs - carries a £90 fee"
What fee- who has or does pay it?

You have to pay it.

If you have not done anything in the 7 days since it was issued, you are now liable for the Stage 1 fee. The fee for this stage is £190 plus 7.5% of the sums to be recovered over £1,000 plus VAT.

After this, if you still do not pay the Enforcement Stage 2 kicks in at a flat fee of £495 plus VAT.

MArston Group/ Co-Op Fictitious Debt High Court

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