URGENT Removal Notice/Warrant for son not living at home

National_Debtline

Hi again Aquarian72

Aquarian72 wrote: »

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

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

Susie
@natdebtline

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

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

System

Aquarian72 wrote: »

. 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?

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

Tarambor wrote: »

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.

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?

Mnd

I would find your son's address, don't worry about his girlfriend and tell him to sort it

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/

Aquarian72

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

fatbelly

I hope that was bailiffadviceonline. There are lots of dodgy websites out there.

It would be nice to think that Marstons might eventually apologise to you but that seems unlikely