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    2010starbrite
    Marstons - Notice Of Seizure
    • #1
    • 16th Dec 12, 1:50 PM
    Marstons - Notice Of Seizure 16th Dec 12 at 1:50 PM
    I came home on the 10th December to find a Notice Of seizure through my door from Marstons.

    I am at my witts end and suffer from sever anxiety and depression and this is effecting my health to the point I am scared to leave the house.

    I have spoken to the baliff on his mobile phone about the situation and he wont accept monthly or weekly payments. The original debt was 536.49 then went to 704.40 with court costs. The debt Marston now wants is 1,102.58 they have charged me 286.12 to put htis notice through my door and 111.75 execution costs.

    The debt occurs from a previous employer who claimed they over paid me wages before I left their company. I have on numerous occasions disputed this debt, but they took me to court and the CCJ was ruled. This in turn has caused my health to deteriorate.

    I dont know what to do. It is a week before Christmas and I live here with my only child alone. We currently have nothing to the point I am relying on food parcels.

    Please can someone advise me before the few items i actually own are taken. I just dont know what to do and I am worried sick.
Page 1
    • dancingfairy
    • By dancingfairy 19th Dec 12, 7:29 PM
    • 8,962 Posts
    • 7,344 Thanks
    dancingfairy
    • #2
    • 19th Dec 12, 7:29 PM
    • #2
    • 19th Dec 12, 7:29 PM
    National debtline has a really useful factsheet on this here:
    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=08_reducing_payments_or_suspend ing_a_bailiffs_warrant_on_a_county_court_judgment

    Best of luck
    df
    Making my money go further with MSE
    How much can I save in 2012 challenge
    75/1200
  • CAB Birmingham representative
    • #3
    • 20th Dec 12, 2:57 PM
    • #3
    • 20th Dec 12, 2:57 PM
    Hi There

    First do not worry too much about the Bailiffs as their bark is far worse than their bite

    They can only gain entry by peaceful means, which includes gaining access through a window.

    They cannot call the Police to help them gain entry

    Keep the door locked and do not answer the door for the next few weeks unless you know who is calling (for peace of mind)

    Even if they do gain entry the Bailiff will take an inventory of what he can sell called a (Walking Possession)

    What the Bailiff cannot take or will not take

    White goods, i.e. washing machine, fridge freezer, cooker, most electrical goods including TV as they have to now be pat tested so they can be stored safely, goods belonging to other people (including children’s possessions and games) and goods on HP

    You stated in you post you have very few items so it is highly unlikely they will want your goods

    The bailiff generally wants an easy life; other words he wants paid not your goods, unless you have something of value

    If the Bailiff cannot collect they will return the account back to the agent who instructed them

    If will be then up to you to sort out a payment plan with your ex employer that is affordable and sustainable by you

    However

    Regarding the overpayment of wages did you attend court, or respond to the court forms sent to your address. This would have enabled you to submit a defence disputing the claim

    You may have a chance of setting aside the CCJ


    if you were not aware that a claim had been issued and can convince a Judge that you genuinely did not receive the claim form or there was some reason why you did not defend the claim


    Have a reasonable chance of defending the claim (dispute)


    On the information provided you should contact your local Citizens Advice Bureau (Debt Adviser) who will prepare a Financial Statement with you and will be able to advise you on a payment plan or help setting aside the CCJ or making an application to suspend the Bailiff Warrant

    Please read the factsheet on the previous thread

    Enjoy your xmas and New Year
    Last edited by CAB Birmingham representative; 20-12-2012 at 3:04 PM.
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