Marston after me tomorrow! HELP URGENT

xyko

But Kayleigh their letterhead reads Marston Group Ltd., High Court Enforcement Officers and Certificated Bailiffs..

Mimi_Arc_en_ciel

ok - xyko - one quick question. When they came to your old house did they take a note of personal belongings? I.E - Did they walk round every room and write down what you owned?

Mimi_Arc_en_ciel

P.S - Marstens have different departments - High Court Enforcement Officers and Certificated Bailiffs is one. It could just be that they use that on their letter head (our letter head from our office says were based in germany . . . long commute from Nottingham! lol)

I wouldnt worry what the letterhead says.

If you want to nknow if you have a CCJ - Do a credit report (see martins thread you can get them for free)

RAS

Marstones are both debt collectors and bailiffs but.....

1. if they have a court warrant to remove goods, they can only take your stuff and then not basic household goods. if you have a flat screen TV or a hi spec sound system, but clothing etc no. Your parents can do a statuatory declaration proving that the contents of the hosue are theirs. Costs about £5-10 to get this sworn.
2. They can only your take stuff if they have visited previously, entered your property (even if it was the previous property) and made a levy or walking possession order. Do they have one?


3. Bailiff should only be appointed by the court if a previous debt has not been paid and the creditor has requested it. I suspect that Marstons and the creditor hope that your parents will be encouraged to pay up.

Mimi_Arc_en_ciel

RAS wrote: »

2. They can only your take stuff if they have visited previously, entered your property (even if it was the previous property) and made a levy or walking possession order. Do they have one?

This is what i think they are after . . .

OP - does your parents know about your debts?

What ever you do DONT let them in. If you have a car - MOVE IT

sofababe

First thing to do is check your credit file for CCJs. This is the only way a bailiff would be involved unless its for a court fine. You only said "car related debt" could you expand on this please?
FV1 are debt collectors who are linked to a number of companies, HSBC, Morgan Stanley and NCO Europe (also a DCA).
If they have got a CCJ against you then you should certainly have had court papers issued to you. If they have got a CCJ and you never received the papers then you need to get in touch with the issuing court.

IF they show up DO NOT let them in. EVER. You can call the police (not 999 though, the local police station) if you ask them to leave but they refuse. I think its classed as a breach of the peace, and trespass.

Do that credit check asap and let us know what you find.

xyko

Okay well here's the deal..

I'm assuming its a car related fine because I had no insurance during a car crash in 2008. I paid off just under a grand to marston back then and moved house soon after. Had not had a permanent address for a while so never got any letters, and certainly do not know anything about this £5000 debt they are talking about. i have absolutely no idea what it is for but since i'd dealt with them before i assumed it must be legit (i've had previous debt issues from 2004).

no my parents don't know what this debt is about and neither do i. tried calling them to tell them its my parent's address only to be on hold virtually all day and then get disconnected multiple times.

nobody has come inside the house and surveyed my belongings. i assume that is what they plan to do tomorrow so have instructed family members to not let them in. i do not have a car right now but my dad does and he isn't around and we don't know where the keys are. i doubt they could take a car registered to someone else even though it's the same last name.

marston is a big company though, i'm not sure they would mention seizure of goods in a printed letter if it were a bluff, right? so i guess doors locked is the way for now.

ideally i would like to inform this company that i really do not even have 5 quid to pay and am on benefits, and do not think my computer and guitar would be worth that much so they should get lost, but not sure how to go about that.

Mimi_Arc_en_ciel

refuse them entry tomorrow - and send them a "i do not know of any debt" letter (someone will have a template for you)

THEY have to prove you owe the debt, you DONT have to prove you dont

RAS

Hi

1. Not only refuse entry but make sure all windows and doors are locked. They cannot levy on your father's car.

Send this letter immediately Prove it letter:

http://forums.moneysavingexpert.com/...93&postcount=2

sofababe

Ok, if its for an unpaid court fine then they will be bailiffs and not just debt collectors, but I don't see where the DCA has got involved. It may not be for the court fine. Send the prove it letter

Dear Sirs,

Account No: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to (insert company name). I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Yours faithfully


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Don't pay anything until you know exactly what it is for.