Marston after me tomorrow! HELP URGENT

edited 30 November -1 at 1:00AM in Debt-Free Wannabe
34 replies 71.6K views
xykoxyko Forumite
11 Posts
edited 30 November -1 at 1:00AM in Debt-Free Wannabe
Hey guys..

I had a car related debt a couple of years ago and Marston had shown up to my house and I had paid around £900 to them. Since then I have lost my job and currently lodging at my parents house and on job seekers allowance. I just got a hand delivered letter this morning from Marston saying that I owe money to FV-1 for over £5000 and that they will be coming tomorrow to seize goods.

What do I do in this case because this is not my main home and I do not own any thing in this house (no receipts to prove that though), and do not want to cause my parents the trouble. I'm not even sure what in hell this amount is due for. But as they say they are apparently coming tomorrow so could really use some help.

I want to call them and ask for clarification but would prefer some advice here first.

Thanks
«134

Replies

  • xyko wrote: »
    Hey guys..

    I had a car related debt a couple of years ago and Marston had shown up to my house and I had paid around £900 to them. Since then I have lost my job and currently lodging at my parents house and on job seekers allowance. I just got a hand delivered letter this morning from Marston saying that I owe money to FV-1 for over £5000 and that they will be coming tomorrow to seize goods.

    What do I do in this case because this is not my main home and I do not own any thing in this house (no receipts to prove that though), and do not want to cause my parents the trouble. I'm not even sure what in hell this amount is due for. But as they say they are apparently coming tomorrow so could really use some help.

    I want to call them and ask for clarification but would prefer some advice here first.

    Thanks

    Don't open the door. If you have one of those little chains, open it on that, if not just talk through the letterbox. Tell them they're not coming in, you'll only deal by letter and if they don't go away, you're calling the police. Only the postman and people asking for directions are allowed to come to your door without permission (someone else here should be able to tell you the name of the court case this is from, I can't find it unfortunately). Follow through with your threat and call the police if they don't go away and make sure you only deal with them in writing after that. There's a list of various letters that can be sent somewhere, I'm just struggling to find it. If someone else could help, that would be great. Hope this helps. :)
    Kayleigh

  • xykoxyko Forumite
    11 Posts
    Hey Kayleigh.. thanks for that info. Although I have no idea what FV-1 is, they have something called a "writ" according to their letter, and I looked up Marston's website and they deal with CCJs and bunch of other stuff.. so my question is am I legally allowed to call the police if Marston start getting too persistent? The reason I ask is because last time I dealt with Marston they came to my old house and they threatened to call the police if I didn't pay up. And they were already inside and I didn't want to lose my possessions so I paid. This time around they are threatening to come to my parent's house so I'm a little unsure if the police threat will go my way or backfire because I'm not sure if they have rights over the police. Also do you think if someone called them and told them I do not live here if it would stop them from coming? I have no idea how they even got my parent's address I can only assume they went with my old address from a few years ago when I used to live here.

    Thanks
  • xyko wrote: »
    Hey Kayleigh.. thanks for that info. Although I have no idea what FV-1 is, they have something called a "writ" according to their letter, and I looked up Marston's website and they deal with CCJs and bunch of other stuff.. so my question is am I legally allowed to call the police if Marston start getting too persistent? The reason I ask is because last time I dealt with Marston they came to my old house and they threatened to call the police if I didn't pay up. And they were already inside and I didn't want to lose my possessions so I paid. This time around they are threatening to come to my parent's house so I'm a little unsure if the police threat will go my way or backfire because I'm not sure if they have rights over the police. Also do you think if someone called them and told them I do not live here if it would stop them from coming? I have no idea how they even got my parent's address I can only assume they went with my old address from a few years ago when I used to live here.

    Thanks

    Debt collectors will say any kind of rubbish to get you to pay up. They can't get the police onto you for not paying, that's just scare tactics. As long as you don't let them in the door, you calling the police is ok as they're trespassing. If you let them in, that could imply that you're okay with them being there but if you leave them on the doorstep, it's fairly obvious you don't want them there. And no, calling the debt collectors wouldn't help, they'll just 'forget' anyone called. They're crooks and deserve treating as such. Leave them waiting (and hope it rains) and call the police if they won't clear off.
    Kayleigh

  • rosywrosyw Forumite
    519 Posts
    PPI Party Pooper
    read through the following, it will give you all the info you need.

    http://forums.moneysavingexpert.com/showthread.php?t=1837507
  • edited 1 November 2010 at 2:19PM
    xykoxyko Forumite
    11 Posts
    edited 1 November 2010 at 2:19PM
    It says that HMRC bailiffs do have the right to force their way into a home and take things.. how do I find out if this one is HMRC or simply a county court bailiff? (since I do not recognize or even remember what this huge amount may be for).

    Worth noting however that I am almost 100% sure I do not have any tax or rent related debt, it is most likely vehicle insurance or credit card related..

    And also, if my main door is locked, could they gain entry through my garden? My garden fence was knocked over recently so there is essentially no fence, but the door from the inside is locked.
  • xyko wrote: »
    It says that HMRC bailiffs do have the right to force their way into a home and take things.. how do I find out if this one is HMRC or simply a county court bailiff? (since I do not recognize or even remember what this huge amount may be for).

    "A Bailiff can only get involved when you have been taken to court about your debts" (quote from other thread). Therefore, the people coming tomorrow (if they turn up, that could be scare tactics too) are debt collectors, not bailiffs, and have no right to force their way in. However, do make sure all windows and doors and shut and locked, even ones the size of a cat flap. I actually didn't realise before I read that thread that getting in through an open window or door was ok.
    Kayleigh

  • xykoxyko Forumite
    11 Posts
    Well, I am very certain that I was never taken to court and ordered to pay these amounts. So in that case is is 100% safe to assume that they are just debt collectors? Their name is Marston Group, if that helps.
  • xyko wrote: »
    Well, I am very certain that I was never taken to court and ordered to pay these amounts. So in that case is is 100% safe to assume that they are just debt collectors? Their name is Marston Group, if that helps.

    Yes, they're just debt collectors. I have to go out for a bit now but I'll check the thread again when I get back. Try not to worry too much, they've got no rights and they know it, that's why they're resorting to these tactics.
    Kayleigh

  • edited 1 November 2010 at 2:44PM
    xykoxyko Forumite
    11 Posts
    edited 1 November 2010 at 2:44PM
    FYI guys, this is an excerpt from their letter..

    "i have attended today to allow you a final opportunity to settle prior to our removal contractors who are scheduled to attend tomorrow. their visit will be to remove sufficient of your goods to satisfy this writ.. the writ i told is to bind your property in your hands from the time the writ is lodged until it is withdrawn (schedule 7, section 8 [1] of the courts act 2003). section 9 places a duty on me to seize sufficient of your property to satisfy the judgement debt and related costs in the absence of payment voluntarily.

    Removal contractors, right to seize and quoting some court act... not sure whether to consider them bailiffs or debt collectors 'cuz things i do not know everything about intimidate me more..
  • edited 1 November 2010 at 3:02PM
    ghostmadlittlemissghostmadlittlemiss Forumite
    1.8K Posts
    edited 1 November 2010 at 3:02PM
    xyko wrote: »
    FYI guys, this is an excerpt from their letter.. "i have attended today to allow you a final opportunity to settle prior to our removal contractors who are scheduled to attend tomorrow. their visit will be to remove sufficient of your goods to satisfy this writ.. the writ i told is to bind your property in your hands from the time the writ is lodged until it is withdrawn (schedule 7, section 8 [1] of the courts act 2003). section 9 places a duty on me to seize sufficient of your property to satisfy the judgement debt and related costs in the absence of payment voluntarily.

    Removal contractors, right to seize and quoting some court act... not sure whether to consider them bailiffs or debt collectors..

    When they say 'the courts act 2003', they are talking about a law that was passed in 2003 regarding the court system, not a court order that was issued to you personally. And if they were actually bailiffs, the letter would call them bailiffs, not removal contractors. I could call myself a 'provider of food services', but I'd still be a pizza delivery girl. They're just debt collectors trying to sound big and important, like bullies always do.
    Kayleigh
    PS Turns out I don't have to go out just yet, but I might not be able to reply to stuff straight away for a little while.

This discussion has been closed.
LATEST MSE NEWS AND GUIDES

Cut overdraft charges

10 tips to pay less for your overdraft + how to pay it off

MSE Guides

FREE tennis coaching

Find your nearest session and pre-book your place online

MSE Deals