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  • FIRST POST
    • Aquarian72
    • By Aquarian72 23rd Nov 17, 1:38 PM
    • 8Posts
    • 2Thanks
    Aquarian72
    URGENT Removal Notice/Warrant for son not living at home
    • #1
    • 23rd Nov 17, 1:38 PM
    URGENT Removal Notice/Warrant for son not living at home 23rd Nov 17 at 1:38 PM
    Hi, I woke up to find a removal notice from Marston Holdings in my letterbox for my son, I called and spoke to a rather brash man, I told him my son hasn't used my address for his post since last Oct (2016) and I've informed courts previously of this. He told me that it doesn't matter if my son is/is not living at my home, the warrant gives him the right to enter my property and remove my goods and I have to prove they belong to me within 7 days at court. I've also informed him I am disabled and I do not cope well with stressful situations, he didn't care.

    I phoned the police in tears (101) who informed me it's a civil matter and I have no choice but to let the bailiff's in. I have phoned my son twice but it's possible he's in work and cannot answer calls.

    The police suggested I go to the CAB for advice but I know I can get the same level of advice from here which suits my disability by not having to get dressed and struggle to get out the door.

    Do I have no rights here? I may still have some receipts but my tv is prob over 5-7 yrs old, goodness knows where that is, my Macbook is on loan while mine gets fixed by a friend, I can prove my ipads belong to me but the man said he will take things from my home regardless, I have to go to court with the receipts to get them back. He doesn't care that my son doesn't live here, the warrant is for my address and that's that.

    I am so stressed, I've cried twice and I'm waiting for my new microwave to be delivered today which I guess the lovely man from Marston's will take before I've had a chance to try it out.

    I don't know the actual address my son is living in now but I could point out the door on a streetmap map, but the girl he's with has a 4 yr old daughter and I'm guessing she doesn't have a lot of gear worth much, it's not fair to send them to her door but likewise it's not right that my life is disrupted thanks to my wayward son.

    Oh and I have a car from Motability, how do I prove I'm the owner and not my son or can they just take or clamp my car too? If that happens I can't get to work due to it being my only means of transport. Please be kind in your replies, I'm a little fragile and about to cry again!

    Lisa
Page 1
    • ~Beanie~
    • By ~Beanie~ 23rd Nov 17, 2:08 PM
    • 2,911 Posts
    • 2,093 Thanks
    ~Beanie~
    • #2
    • 23rd Nov 17, 2:08 PM
    • #2
    • 23rd Nov 17, 2:08 PM
    I'm no expert (hopefully one will be along shortly) but don't open the door to them. Make sure all your windows and doors are locked and speak to them through the letterbox if necessary, they are not allowed to break in. They can't take anything if they can't get in.

    If your car is a mobility one then don't you have some paperwork or something that states this? If not, move your car, park it away from your address so they can't find it.

    Have a read of this: http://www.westopbailiffs.co.uk/stop-marstons-bailiffs-now/
    Last edited by ~Beanie~; 23-11-2017 at 2:15 PM.

    • Aquarian72
    • By Aquarian72 23rd Nov 17, 2:27 PM
    • 8 Posts
    • 2 Thanks
    Aquarian72
    • #3
    • 23rd Nov 17, 2:27 PM
    • #3
    • 23rd Nov 17, 2:27 PM
    Hi

    I'll have a look for car proof, your right there must be a hire agreement from Perry's.

    I'm really worried about leaving the house as I've got a meeting at 3:45pm and work at 6.45pm, the latter means I won't be home till gone midnight, the man from Marston's said they can gain entry due to the warrant, I'm guessing by a locksmith, can they do this if no-one is home?

    I don't know whether I should phone the man from Marston's again to ask that he give my son time to get off work (which may be 10pm) before he does anything further but I'm worried he'll put the pressure on again, all he's interested in is this £649, all I'm interested in is keeping my sanity, my possessions and my ability to get to work.

    I'll have a read of your link you gave me, thanks so much, you have been very kind and it's very much appreciated

    Lisa
    • Angry_kittens
    • By Angry_kittens 23rd Nov 17, 2:34 PM
    • 10 Posts
    • 16 Thanks
    Angry_kittens
    • #4
    • 23rd Nov 17, 2:34 PM
    • #4
    • 23rd Nov 17, 2:34 PM
    Even high court sheriffs cannot force entry to a residential property unless a controlled goods agreement has been signed. You do not have to let them in, you do not have to sign anything, the man you have spoken to is blatantly lying about his powers in an attempt to bully you.

    They won't remove goods from your house if you can prove that they are not your sons. It is not in their interest to incur removal costs when they will have to return them later from submitted receipts. That said the onus is on you to prove that they are not the debtors, not the other way round.
    • ~Beanie~
    • By ~Beanie~ 23rd Nov 17, 2:37 PM
    • 2,911 Posts
    • 2,093 Thanks
    ~Beanie~
    • #5
    • 23rd Nov 17, 2:37 PM
    • #5
    • 23rd Nov 17, 2:37 PM
    I'll have a look for car proof, your right there must be a hire agreement from Perry's.
    Originally posted by Aquarian72
    Do you have a blue badge? If so, information in the link that I provided states that they cannot remove a car displaying a blue badge.

    I'm really worried about leaving the house as I've got a meeting at 3:45pm and work at 6.45pm, the latter means I won't be home till gone midnight, the man from Marston's said they can gain entry due to the warrant, I'm guessing by a locksmith, can they do this if no-one is home?
    Again, they cannot enter your property unless you have let them in previously. If you have never let them in before, they have no powers to break in or use a locksmith, no matter what they tell you. They will tell you anything and try to intimidate and frighten you into letting them in.

    Go out as planned, honestly, you won't come home to find they have taken your stuff.

  • National Debtline
    • #6
    • 23rd Nov 17, 3:55 PM
    • #6
    • 23rd Nov 17, 3:55 PM
    Hi Aquarian72


    Having to deal with bailiffs can be a worry but try not to panic. Do you know what type of debt the bailiff is collecting? It is correct that in the vast majority of cases a bailiff cannot force entry into a property unless they have been inside previously. Marstons often collect magistrates' court fines, which technically means they can force entry, however this must be a last resort that they can justify. In reality it very rarely happens even if the bailiff says they will force entry.


    I would advise you to confirm in writing to both Marstons and the court that your son no longer lives with you. I understand you may have done this before but it's a good idea to do it again just to make sure they have the information. If a magistrates' court bailiff has that information in writing it would be very hard for them to justify forcing entry.


    Another thing you may want to do is get a statutory declaration from your local county court, magistrates' court or solicitor. This is a sworn statement you can use to state your son does not live with you and none of the belongings in the house are his. This is the next best thing when you don't have receipts for everything. You may be charged a small fee of £11 for doing this. You can also get further advice from one of the free debt advice agencies who have helplines you can call if it is difficult for you to get out of the house.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Stirfry
    • By Stirfry 23rd Nov 17, 4:32 PM
    • 64 Posts
    • 35 Thanks
    Stirfry
    • #7
    • 23rd Nov 17, 4:32 PM
    • #7
    • 23rd Nov 17, 4:32 PM
    I have been in a similar situation. Two enforcement officers turned up on my doorstep and I answered the door believing that if I explained my Son had never lived at my address they would give me a chance to prove it. How wrong could I be. Whatever you do don't open the door to these people. Do not even talk to them. They break all the rules.

    They have limited powers although they will tell you differently. They have no right to goods owned by yourself. Get the Statutory declaration done a.s.a.p and sent by recorded delivery along with a cease and desist all contact letter. E-mail them telling them you will only have contact by correspondence.

    If you don't mind me asking do you know the name of the enforcement officer who left the note?
    • Aquarian72
    • By Aquarian72 23rd Nov 17, 5:17 PM
    • 8 Posts
    • 2 Thanks
    Aquarian72
    • #8
    • 23rd Nov 17, 5:17 PM
    • #8
    • 23rd Nov 17, 5:17 PM
    omg I can't believe all of you lovely people have come to my rescue! I did venture out to my meeting and house still intact, I shall go to work, it's my only relief once a week to not think about my pain!

    I have contacted my friend re my MacBook and I've found receipts for the important things like iPads, cooker, washing machine etc. What doesn't make sense to me is say he gets a locksmith to break into my house and I'm showing him receipts, he said he'll still remove the goods and I'll have to take receipts to court, how would this be allowed or is he trying to scare me?

    Yes to having a blue badge, I shall display it in the window until this sorry affair is over.

    Susie - I can email Marston's now informing them in writing about my son not living here, should I ask what magistrates court they are working on behalf of so I can then email the courts just in case it's different to the ones I've previously contacted or don't I give them any information on what I'm doing?

    Should I tell Marstons that I'm going to get a Stat' Declaration done tmrw in my email or if they knock again, or not? Would they see I'm being honest about the situation and ease up on me?

    The warrant is for magistrate court fines, he admitted that my son has previously paid his fines and said if this is paid off all are done, no more debt, it's just that he won't accept my son not living here and he said the warrant is for my address regardless, which gives him the right to remove my goods.

    I promise I won't open my door to them and I've made sure my back gate and door are locked.

    Stir-fry - I do have the man's name and phone number, is that good? I think I'll record any future conversations with this man! Also this cease and desist can I do this myself or is this a court document too?

    Again you are all angels, I hope I don't cry in work as I'm a youth worker and it's not a good look when one goes blotchy for a couple of hours!

    Lisa x
    • GDB2222
    • By GDB2222 23rd Nov 17, 5:32 PM
    • 14,177 Posts
    • 76,267 Thanks
    GDB2222
    • #9
    • 23rd Nov 17, 5:32 PM
    • #9
    • 23rd Nov 17, 5:32 PM
    The fact is that the debt is not yours, and the bailiff has no right to remove your goods. They do tell an awful lot of lies!
    No reliance should be placed on the above! Absolutely none, do you hear?
    • fatbelly
    • By fatbelly 23rd Nov 17, 6:11 PM
    • 11,638 Posts
    • 8,774 Thanks
    fatbelly
    Anything you communicate to Marstons (complaints@marstongroup.co.uk) you should also copy to the court.
    • Stirfry
    • By Stirfry 23rd Nov 17, 6:27 PM
    • 64 Posts
    • 35 Thanks
    Stirfry
    Hi, Aqua

    You can find the cease and desist letter on-line. I believe you need to get it witnessed by a Solicitor for a small fee. I asked about the enforcement officer because I am in dispute with Marston's over the illegal behaviour of Jarod Barnes in particular.

    Marston's employees are told to ignore you, if you say your Son does not live with you. They see you as an easy target. They don't care who suffers as long as their fees are paid. Unfortunately the Court is no more than a electronic processing centre. In my situation my Son's fines were for two congestion charges, Transport for London were responsible for passing the debt to Marston's and the processing centre was based at Northampton. I don't know if this will help at all. You need to find out more details from your Son.

    You might consider passing your Son's address on to Marston's, after all it is his problem not yours. But I tried to do that and they ignored me anyway.

    If they turn up on your doorstep when you are in, make sure you film everything and have a friend on standby to come out as a witness. But remember don't engage!
  • National Debtline
    Hi again Aquarian72



    Susie - I can email Marston's now informing them in writing about my son not living here, should I ask what magistrates court they are working on behalf of so I can then email the courts just in case it's different to the ones I've previously contacted or don't I give them any information on what I'm doing?


    The court does need the information as well so you can either contact the court you previously dealt with and make sure they're still the correct court to write to, or ask Marstons which court they are working for. No need to give them any details of what you're doing.

    Should I tell Marstons that I'm going to get a Stat' Declaration done tmrw in my email or if they knock again, or not? Would they see I'm being honest about the situation and ease up on me?


    We can already tell this bailiff is not going to be cooperative so I wouldn't tell them about the statutory declaration. They'll probably tell you it makes no difference, but they have already given you the wrong information by telling you they can take your goods. Take what they say with a pinch of salt and keep the statutory declaration as a back in the very unlikely event that they come out with a locksmith.

    The warrant is for magistrate court fines, he admitted that my son has previously paid his fines and said if this is paid off all are done, no more debt, it's just that he won't accept my son not living here and he said the warrant is for my address regardless, which gives him the right to remove my goods.


    This is not correct, the warrant gives him the power to attend your address to take your son's goods, not yours. Keep your doors locked and the blue badge displayed in your car (this means the bailiff cannot take it).

    Lisa x
    Originally posted by Aquarian72


    I hope that helps and it all gets sorted out quickly for you.

    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Aquarian72
    • By Aquarian72 24th Nov 17, 12:10 PM
    • 8 Posts
    • 2 Thanks
    Aquarian72
    Sorry for not replying last night but I didn’t get home till gone midnight.

    Can I just ask about this Stat' Declaration, do I need to go to the original court or can I go to my nearest one which would be in Milton Keynes? I would have to phone that lovely man from Marston's up again to find out what courts the fines came from, which I’m not keen to do!

    Also, I got a call from my son's gf last night in work, my son got arrested yesterday afternoon, we don’t know why or if he’ll be let out today or kept in, does this affect the bailiff coming to my home if my son is kept in?

    I read the link given about stopmarstonbailiffs and it said about a first letter Marstons should have sent giving a 7 clear day break before coming to my home, they didn’t do this, if he harasses me again today can I insist on seeing proof of postage for this initial letter? The website link was very informative but it doesn’t say anything about the debt being someone else’s.

    Stir fry, the man I spoke to is Mr McDougal so different to your one, but thanks for your further advice, I get the feeling we could start up a support group for people affected by Marston Holdings!

    Fatbelly thanks for your advice, the man from Marston said the fines date back to 2010, 2011 and 2015 so I would have to phone him again to find out what courts are involved, as I’ve had no information in writing - or rather no letters addressed to my son have arrived here from them giving this info.

    I’ll leave this now so you can let me know if I can go to my local court for this Declaration or would I be wasting my time driving over there, (I’m in so much pain today!)

    Lisa
    • Aquarian72
    • By Aquarian72 24th Nov 17, 12:16 PM
    • 8 Posts
    • 2 Thanks
    Aquarian72
    Ah Susie I think we were writing our messages about the same time and I think you’ve just answered my last question, I would need to go to the courts the fines originate from to do the Declaration?

    Lisa
  • National Debtline
    Hi Lisa


    You should be able to go to any court (magistrates' or county) or a solicitor to get a statutory declaration. It is a statement that has to be sworn in front of an officer of the court or solicitor to make it official. The best thing to do is give the court or solicitor you want to go to a call first to make sure they will be able to do it.


    If getting out the house is going to be difficult please don't worry about the statutory declaration, it's not essential but just something extra to back up what you are telling the bailiff. It's so unlikely the bailiff is going to come with a locksmith it shouldn't end up being needed.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Tarambor
    • By Tarambor 24th Nov 17, 3:01 PM
    • 1,741 Posts
    • 1,196 Thanks
    Tarambor
    . What doesn't make sense to me is say he gets a locksmith to break into my house and I'm showing him receipts, he said he'll still remove the goods and I'll have to take receipts to court, how would this be allowed or is he trying to scare me?
    Originally posted by Aquarian72
    It isn't. He can't and he knows this.

    Susie - I can email Marston's now informing them in writing about my son not living here,
    DO NOT EMAIL THEM.Write them a letter and send it by recorded delivery. They can easily claim they didn't get an email, they cannot deny receiving a signed for letter.
    The warrant is for magistrate court fines, he admitted that my son has previously paid his fines and said if this is paid off all are done, no more debt, it's just that he won't accept my son not living here
    Nobody in their right mind would accept just being told someone doesn't live there who owes money or who is wanted by the police without proof. How many times do you expect they've heard that excuse? Probably as much as teachers hear the dog has eaten a pupil's homework.
    • GDB2222
    • By GDB2222 26th Nov 17, 2:05 PM
    • 14,177 Posts
    • 76,267 Thanks
    GDB2222
    Nobody in their right mind would accept just being told someone doesn't live there who owes money or who is wanted by the police without proof. How many times do you expect they've heard that excuse? Probably as much as teachers hear the dog has eaten a pupil's homework.
    Originally posted by Tarambor
    On the other hand, if you are not the person they are looking for, why should you have to prove that? Indeed, why should you have to give them your name? Likewise, why should you have to prove that every item in your house is yours?
    No reliance should be placed on the above! Absolutely none, do you hear?
    • Mnd
    • By Mnd 27th Nov 17, 2:32 PM
    • 254 Posts
    • 288 Thanks
    Mnd
    I would find your son's address, don't worry about his girlfriend and tell him to sort it
    • theoretica
    • By theoretica 27th Nov 17, 8:05 PM
    • 4,940 Posts
    • 6,172 Thanks
    theoretica
    An additional point to mention is that your disability may mean they have to class you as a 'vulnerable' person.

    https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/how-bailiffs-should-treat-you/how-bailiffs-should-treat-you-if-youre-vulnerable/
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
    • Aquarian72
    • By Aquarian72 2nd Dec 17, 2:26 AM
    • 8 Posts
    • 2 Thanks
    Aquarian72
    Quick update
    Hi everyone,

    I thought I would give you all an update; thanks to help from my younger son who had been to his brothers gf's flat a couple of times (he only told me when I mentioned the bailiffs will leave us alone if they have my older son's address), he pinpointed the flat door on StreetMaps, the only trouble was not seeing a door number or road name, so I drove around the estate last week and got the door number etc. Unfortunately Google still wouldn't bring the flats up when I googled the address so I altered a couple of maps with a big X to mark the main door of the flats and saved them in a low res jpg image. I texted Mr Bailiff asking if his phone can accept pictures as I now have my son's address, he replied back saying he didn't need it as it's my property he's coming to, I said again I was trying to give him my son's address, he said again he'll be coming to my property.

    So I phoned a lady from a bailiff help website who has been back and forth with Marston's over this case and she emailed them to say I'm trying to help, as of today I've not heard anything but they probably don't realise how much stress this is causing me so aren't in a rush to help.

    I have an appointment with a local solicitors on Tuesday over the declaration, I've only put that off due to my scooter batteries dying and not holding a charge, a friend ordered new batteries and fitted them etc, I just need to do a test run tomorrow to see how far I can get.

    So that's all for now, I shall update you on the next installment, only because I think it's interesting that the bailiff won't accept my son doesn't live here or want to take his actual address and however this ends may be of use to someone in the future. Oh and Stirfry, your premonition about the bailiff not wanting the address as I'm a soft target seems to be playing out eh?!

    It's just a shame that I can't tweet the life out of this situation otherwise I really really would! (I can't unless I want my dirty laundry aired showing my son is a so-and-so who gets into lots of trouble, but I am tempted!).

    Thanks again for your collective help

    Best wishes,

    Lisa
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