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    • moneysavvy35
    • By moneysavvy35 9th Sep 17, 6:37 PM
    • 361Posts
    • 151Thanks
    moneysavvy35
    Notice of Enforcement - Marston - Not my name
    • #1
    • 9th Sep 17, 6:37 PM
    Notice of Enforcement - Marston - Not my name 9th Sep 17 at 6:37 PM
    Hello Everyone

    So i have recieved the above mentioned document from Marston. Detals of the judgment say ' a warrant of control has been issued by her majestys court & Tribunals service - distress warrant 15/07/2009.

    The warrant has my brothers name but my address. I have no clue how this could have come about as he has never ever lived here. he claimed jsa from my address for about 3 monthts years ago as his care of address.

    He has never ever lived here, never had post here (apart from the odd jsa letter when he was claiming) i havent had contact with him for the past 3years

    the thing is last time i heard about him he was siging on somewhere so why would they not do a trace for him this way?

    I read on marston webiste they will still come if he have the same surname.

    i am going to call them on monday obviously will state the truth that he is my brother but i dont know where he is as i dont have contact with him. is thier anything else I need to do?

    thanks in advance

    ps im quite scared about this just due to all them shows on tv, yes i have proof that everything in this house is mine, but i don't want them turning up in the 1st place.
Page 1
    • Quentin
    • By Quentin 9th Sep 17, 6:42 PM
    • 33,227 Posts
    • 17,174 Thanks
    Quentin
    • #2
    • 9th Sep 17, 6:42 PM
    • #2
    • 9th Sep 17, 6:42 PM
    You will get better advice if you post this in the debt free wannabe forum
    • moneysavvy35
    • By moneysavvy35 9th Sep 17, 9:07 PM
    • 361 Posts
    • 151 Thanks
    moneysavvy35
    • #3
    • 9th Sep 17, 9:07 PM
    • #3
    • 9th Sep 17, 9:07 PM
    Thank you. Was not sure where to post as its not a parking fine as such but still some kind of 'court document' - thanks again - will repost
    • Ryandavis1959
    • By Ryandavis1959 9th Sep 17, 10:09 PM
    • 139 Posts
    • 43 Thanks
    Ryandavis1959
    • #4
    • 9th Sep 17, 10:09 PM
    • #4
    • 9th Sep 17, 10:09 PM
    Just get all your proof together that he is not an occupant. The council tax is a good start. Also make sure you have receipts for all the high value items that you own in case they come round.

    Phoning them on Monday is a good start, and then back your phone call up with an email with the proof that he doesn't live there.

    That said it would be much easier if you can provide a forwarding address (you might not have contact but do any of your other relatives?)
    • Marktheshark
    • By Marktheshark 9th Sep 17, 10:13 PM
    • 5,689 Posts
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    Marktheshark
    • #5
    • 9th Sep 17, 10:13 PM
    • #5
    • 9th Sep 17, 10:13 PM
    You wont need receipts, they can not break in for a civil warrant.
    They are like vampires, they have to be invited.
    They will make 3 visits and pass it back to the civil authority involved.

    Dont open the door, dont let them in, they are thick, lying thugs and they wont listen to your story about not been who they want.

    Play the game, lock up, dont open doors and await the 3 letters and then the trouble is over.

    They will lie about vans and locksmiths, it is all bull.
    Spells, the only power they have is what you grant them.
    Brexit will become whatever they invent it to be.
    • Umkomaas
    • By Umkomaas 9th Sep 17, 10:15 PM
    • 15,423 Posts
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    Umkomaas
    • #6
    • 9th Sep 17, 10:15 PM
    • #6
    • 9th Sep 17, 10:15 PM
    In addition this might help you in dealing with bailiffs - make contact with 'Bailiff Advice Online'. Sheila, who provides this excellent service, has an extremely good reputation for assisting people with bailiff issues.

    Calls and the email enquiry service are free.

    Here's your link:

    http://bailiffadviceonline.co.uk

    Sheila also posts on MSE as 'Herbie21

    HTH
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • moneysavvy35
    • By moneysavvy35 10th Sep 17, 12:07 AM
    • 361 Posts
    • 151 Thanks
    moneysavvy35
    • #7
    • 10th Sep 17, 12:07 AM
    • #7
    • 10th Sep 17, 12:07 AM
    Thank you. I have emailed them tonight with my council tax bill & register to vote doc. as mentioned I will call on Monday. I don't even want them coming to the door. its awful cause its nothing to do with me...((sigh))
    • The Deep
    • By The Deep 10th Sep 17, 8:04 AM
    • 7,374 Posts
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    The Deep
    • #8
    • 10th Sep 17, 8:04 AM
    • #8
    • 10th Sep 17, 8:04 AM
    Do not call them, write to them. Such matters need a paper trail.
    You never know how far you can go until you go too far.
    • CIS
    • By CIS 10th Sep 17, 10:14 AM
    • 10,063 Posts
    • 5,748 Thanks
    CIS
    • #9
    • 10th Sep 17, 10:14 AM
    • #9
    • 10th Sep 17, 10:14 AM
    They'll have traced the last known address via a credit record search and found that address - they will start with the latest address they can find and work from there.

    Enforcement agents don't specifically have to be invited in to a property - what they have to have is 'peaceful entry'. This can be the result of being invited in but they can also enter via unlocked doors without permission and still have 'peaceful entry'.
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • Herbie21
    • By Herbie21 11th Sep 17, 6:48 PM
    • 775 Posts
    • 983 Thanks
    Herbie21
    Hello Everyone

    So i have recieved the above mentioned document from Marston. Detals of the judgment say ' a warrant of control has been issued by her majestys court & Tribunals service - distress warrant 15/07/2009.

    The warrant has my brothers name but my address. I have no clue how this could have come about as he has never ever lived here. he claimed jsa from my address for about 3 monthts years ago as his care of address.

    He has never ever lived here, never had post here (apart from the odd jsa letter when he was claiming) i havent had contact with him for the past 3years

    the thing is last time i heard about him he was siging on somewhere so why would they not do a trace for him this way?

    I read on marston webiste they will still come if he have the same surname.
    Originally posted by moneysavvy35
    It's difficult to know what the debt relates to but I am a little concerned that it may be in relation to a Magistrate Court fine and your brothers contract details have been traced after he used your address for his JSA claim. If it is a court fine, then it is a relatively simple matter of applying to the court for a Section 14 Statutory Declaration. The following link from my website explains the procedure in more detail:

    http://bailiffadviceonline.co.uk/index/magistrate-court-fine/about-statutory-declarations

    Given that the debt is in your brother's name, you may hit a stumbling block (Data Protection wise) with obtaining details from Marston Holdings. If you do obtain details, please do post back.

    PS: You say that you have not had any contact with your brother for three years but that he used your address about 3 month ago for making an application for JSA. How did you know that he had done this (used your address?)

    Lastly, please remember that the debtor is the person in whose name the debt is in. The address is merely where the warrant may be enforced. It is your bother.....and not you....who is responsible for paying this debt and the enforcement agent may only take goods belonging to HIM...not you.
    Last edited by Herbie21; 17-09-2017 at 5:15 PM.
    • moneysavvy35
    • By moneysavvy35 16th Sep 17, 1:57 PM
    • 361 Posts
    • 151 Thanks
    moneysavvy35

    PS: You say that you have not had any contact with your brother for three years but that he used by address about 3 month ago for making an application for JSA. How did you know that he done this (used your address?)

    Lastly, please remember that the debtor is the person in whose name the debt is in. The address is merely where the warrant may be enforced. it is your bother.....and not you....who is responsible for paying this debt and the enforcement agent may only take goods belonging to HIM...not you.
    Originally posted by Herbie21
    Thank you Herbie21 - I will look at the website you have given. My brother claim jsa a few years ago not months ago - sorry for any confusion.

    I have recieved an email acknowledgemnt from them, they will put a bailiff call on hold until a case officer is assigned to dealing with my email. I hope this will be the end of it once they see my council tax & right to vote documents. Thank you again.
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