No bill from marstons

[billnomoney]

Hi
I have a ccj collected through marston group but have never had a bill or any other paperwork detailing what their fees would be. I have phoned and emailed them for a break down but have nothing sent through.. I know I am near the end of the payments through my own calculations but without knowing how much their fees are I'm not sure exactly when to stop (I'm assuming they will just let me keep paying). I have the Judgement paper work so I know the exact amount of the original debt.

Thanks for any help.

[zeke]

Whats the judgment amount and I'll tell you what the fees are.

Fees are different if the debt was transfered to the High Court, so I would need to know the sum on the writ to calculate the fees.

I also need to know whether the judgment creditor is VAT registered. You can find out by searching online.

A fees dispute is by way of a detailed assessment hearing. This is the procedure: http://www.nationalbailiffadvice.uk/Dis ... Court.html

[billnomoney]

Hi.
Thanks for the quick reply. Debt on the judgement is for £1512.78. I have looked up high court fees and should be near the end although I haven’t added vat as not sure what it’s added to ( the whole debt or just fees ). There has been 1 letter and 1 visit. Are they allowed to take money without outlining their fees?

[zeke]

The fees must be explained on the Notice of Enforcement- meaning nobody should need to ask a bailiff for an explanation of fees.

If you did not get a Notice of Enforcement, then no fees are recoverable from the debtor: http://www.nationalbailiffadvice.uk/Not ... ement.html

[Syd Snitkin]

The compliance stage fee will be recoverable.

[billnomoney]

I’ve never had anything like that... I’ve paid £1700 so far so I know the original debt is covered which is all I’m worried about. I’ve never had a writ either, I’m guessing I should have?

[Syd Snitkin]

Did the bailiff ever make a home visit?

[billnomoney]

Hi. Yes, one visit. I’ve just got off the phone to them in fact. They are adamant that the notice was sent out but obviously wasn’t sent via recorded delivery so seems to be my word against there’s. I would have thought a document that important would be traceable. He also told me that if I didn’t pay off the remaining balance of £400 I would incur more costs. This brings total fees to around £600! Seems high when I compare them to set fees online. He told me over the phone that he had the notice in front of him but when I asked him to breakdown the fees for me he changed the subject. They are sending it out by email.

[delta157]

You can always send them a subject access request, this forces them to give you everything the have on you, payments, visits, calls and copies of your writ too everything. This has to be signed by the way, it's also now free.

They then have just 30 days to comply. It's best to send recorded delivery and screen shot the signature a feel days later.

Secondly if the refuse you can complain to the ICO.

EA's tend to bend the truth a lot of the time but can't with this request.

[billnomoney]

Thanks delta. I think I’ll have to. They don’t seem to want give up any details regarding their fees or any other of their actions. I just can’t seem to justify over £600!

[zeke]

Does anyone know whether Subject Access request is still law in light of the new 2018 dats protection act.

[billnomoney]

I hope so as it seems this is the only way I’ll ever find out what there fees are.

[billnomoney]

https://ico.org.uk/your-data-matters/yo ... of-access/

[zeke]

If its a high court debt, then the fee are: http://www.nationalbailiffadvice.uk/Dis ... Court.html

[billnomoney]

Problem seems to be there’s no way to prove that no notice of enforcement was ever sent. They are, of course, insistent that it was.

[zeke]

The burden of proof lies with the sender. Paragraph 7.3 of Tribunals Courts and Enforcement Act 2007:

Make them produce the certificate of posting with the time the notice was given by post. If they can't, then they are in breach of Paragraphs 7.1 and 7.3 of Schedule 12. http://nationalbailiffadvice.uk/Notice- ... ement.html

[billnomoney]

Thanks. I’ll definitely do that.

[billnomoney]

Also when I asked for proof I was told that they weren’t required to provide it...

[delta157]

Does anyone know whether Subject Access request is still law in light of the new 2018 dats protection act.

https://ico.org.uk/for-organisations/gu ... of-access/

Yes it is you are still entitled to your data, there's just 30 days grace and it's now free.

They should be able to prove the sending easy enough.

Finally put them on strict proof to provide a breakdown of the fees. You can force the issue if you wish. You can always apply to the Court to get this information, as a last resort...