Writ of control
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fullerboy81
- Posts: 1
- Joined: 10 Sep 2018 21:32
Writ of control
Hello I need some help, I worked for John Lewis 2012 to 2017, in that period I got a travel loan from John Lewis to help with my travel to work, how it works is you find out how much a annual train ticket is and John Lewis partnership loan you the money and then take it out of your wages each month, on 22nd of January 2017 I got the sack from my job which I still had £820 left on my loan, I was really struggling after that because I just moved in to a flat and I was really struggling to find work, John Lewis kept ringing and I said I am not refusing to pay but I am struggling, then I was getting letters from solicitors saying I owe the money which I am not deputing, now I have just got a letter from marston saying I owe £1089 And they have a high court warrant of control, can they get this and what do I do, really need some help, please can someone help me
Re: Writ of control
It sounds like when you moved into your flat, John Lewis obtained judgment at your old address and in your absence started enforcement process with Marston who send out phishing letters to addresses they think you are living at to see if any of them get a reaction.
Since you live in a flat, it's much harder for bailiffs to recover money from you because accessing your goods needs access to them, and given your current circumstances, you don't have goods of value to pay, so in all likelihood, the debt is toxic.
A toxic debt is one that would cost the creditor more than the debt itself to recover.
One of your options is to apply to the court for a stay of execution on the writ and a variation of the judgment, asking for more time to pay. The risk is that you expose your current address to Marston. There is a hefty fee £255 but I expect you would qualify for 100% court fee remission. According to a Ministry of Justice practice note, from this week, the form EX150 fee remission scheme is being discontinued but you can claim court fee remission online and put the application reference number on the N244 and the N244 application won't cost you a dime.
The alternative is to sit it out and secure your property from bailiffs.
A county court judgment is enforceable by itself, but Marston transfers them to the High Court for enforcement because they stand to earn a much higher fee, even though since 2014, the enforcement procedures are identical. The success rate for recovering high court writs from non-commercial debtors is very low, less than 30% according to the Ministry of Justice, so their high fees are designed to set off the losses from the many cases that fail from the money taken from the cases that do pay.
Since you live in a flat, it's much harder for bailiffs to recover money from you because accessing your goods needs access to them, and given your current circumstances, you don't have goods of value to pay, so in all likelihood, the debt is toxic.
A toxic debt is one that would cost the creditor more than the debt itself to recover.
One of your options is to apply to the court for a stay of execution on the writ and a variation of the judgment, asking for more time to pay. The risk is that you expose your current address to Marston. There is a hefty fee £255 but I expect you would qualify for 100% court fee remission. According to a Ministry of Justice practice note, from this week, the form EX150 fee remission scheme is being discontinued but you can claim court fee remission online and put the application reference number on the N244 and the N244 application won't cost you a dime.
The alternative is to sit it out and secure your property from bailiffs.
A county court judgment is enforceable by itself, but Marston transfers them to the High Court for enforcement because they stand to earn a much higher fee, even though since 2014, the enforcement procedures are identical. The success rate for recovering high court writs from non-commercial debtors is very low, less than 30% according to the Ministry of Justice, so their high fees are designed to set off the losses from the many cases that fail from the money taken from the cases that do pay.