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Marstons - Notice Of Seizure

2 replies 26.8K views
2010starbrite2010starbrite Forumite
3 posts
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.

Replies

  • dancingfairydancingfairy Forumite
    9.1K posts
    ✭✭✭✭
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • edited 20 December 2012 at 4:04PM
    CAB_Birmingham_representativeCAB_Birmingham_representative Organisation Representatives - Private Messages may not be monitored
    89 posts
    edited 20 December 2012 at 4:04PM
    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
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
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