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I'm in real need of bailiff advice

Alex801
Posts: 7 Forumite
Il try and keep it as short as possible.
I moved out of my old rented house 2 years ago and my landlord had someone else lined straight up. They have recently moved out so my old house is empty. On friday of last week my old landlord phoned me iv not heard off him in 2 years so I thought it to be strange. He said hed like to see me immediately. I went across. Hes stood with a letter in his hands which reads
MARSTONS
MY NAME
REF:#######
CLIENT HMCTS
£1150
REMOVAL NOTICE
I called today as dispute communication attempts your balance is still unpaid etc etc etc
Now when I left this house this whatever it may be did not exist and I had zero knowledge of it. Iv been gone and can only guess the tenants after me had been binning my mail. The landlord had a few letters for me from over the last month since the tenants had moved out but nothing before that.
There was a mobile number which went to voicemail. The business name collectica was mentioned on the letter so I phoned that and they were unhelpful couldn't tell me anything apart from I need to contact the mobile number on the enforcement letter as its past a stage were they can be of assistance.
PLEASE WERE DO I STAND?
Iv made no secret of my whereabouts I updated the electoral register passport and dvla within a month of moving house. Iv had no previous warnings about this and now it seems this man is wanting so sieze any goods I have as payment. Even if I owe this money which as of now I'm not sure I do I don't have that money and don't think iv valuables adding upto that amount. Iv got a wife an 18month old 5yo 7yo and 13yo I work nights and survive one pay to the next
Thankyou
I moved out of my old rented house 2 years ago and my landlord had someone else lined straight up. They have recently moved out so my old house is empty. On friday of last week my old landlord phoned me iv not heard off him in 2 years so I thought it to be strange. He said hed like to see me immediately. I went across. Hes stood with a letter in his hands which reads
MARSTONS
MY NAME
REF:#######
CLIENT HMCTS
£1150
REMOVAL NOTICE
I called today as dispute communication attempts your balance is still unpaid etc etc etc
Now when I left this house this whatever it may be did not exist and I had zero knowledge of it. Iv been gone and can only guess the tenants after me had been binning my mail. The landlord had a few letters for me from over the last month since the tenants had moved out but nothing before that.
There was a mobile number which went to voicemail. The business name collectica was mentioned on the letter so I phoned that and they were unhelpful couldn't tell me anything apart from I need to contact the mobile number on the enforcement letter as its past a stage were they can be of assistance.
PLEASE WERE DO I STAND?
Iv made no secret of my whereabouts I updated the electoral register passport and dvla within a month of moving house. Iv had no previous warnings about this and now it seems this man is wanting so sieze any goods I have as payment. Even if I owe this money which as of now I'm not sure I do I don't have that money and don't think iv valuables adding upto that amount. Iv got a wife an 18month old 5yo 7yo and 13yo I work nights and survive one pay to the next
Thankyou
0
Comments
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You need to write to Marstons and tell them to send a "prove it" letter, if you have no idea where the figure has come from. Stop trying to phone.
Are they saying it has gone to court? Have you checked your credit files to see what's on there?
Debt collectors and baillifs are not the same thing. In the meantime, don't let th in and don't leave any doors or windows open. Bailiffs cannot force entry.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
Thankyou. I'm concerned that in the mean time the guy will return to my old or new adress.0
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Also if never had an online credit checker thing this is pushing my internet knowledge as it it lol. I'm hoping theres a way of referring this back to court to were its started so I can have a chance like I should of. But instead with me being left for 2 years if not had that opportunity0
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Also its 100% bailiffs not debt collector0
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prove the date you left the old property (tenancy agreements, council tax bill, electoral register, gas/leccy/water bills) ans ask for details when the loan/purchases took place.... the tenants after you obviously used your id for credit
contact the police, its a blatant fraud caseNow we all know how it felt to play in the band on the Titanic...0 -
Follow all the advice given above, also make sure to send the letter by registered mail, this way someone will have to sign for it0
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The debt is for HMCTS so it may well be a magistrates or crown court fine. Non-payment of a court fine can result in a trip along to the local court for a fines default hearing, which can result in imprisonment as the ultimate penalty. In short, you need to establish exactly what it is for.
Both Marstons and Collectia deal with collection of magistrates and crown court fines accounts.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
Thanks for replys. Marstons finally gave me some details via email. Offence is that
On 27th sep 2018 I was pictured on said road driving said viechle in taxes.. .
That vehicle was sold 13 months previous.
I moved house one year previous the the offence
And I also flew to menorca on the 24th sep 2018 for 7 nights and didnt return until 1st or 2nd October so i wasnt in the country.
I filled in a section 14 with solicitor signed n stamped and posted recorded signed for before 1ocklock a couple days ago.
I emailed marston to make them aware and left the bailiff another voicemail explaining the above
What should I expect now? Do I need to do anything else?0 -
What should I expect now? Do I need to do anything else?
If you have signed a Statement of Truth and returned it to the court, you should get a court date where you can sit and explain the matter to a judge. He will look at the matter and decide liability.
You should have a pack of evidence about where you were on the date in question. Judges believe everything anyone says - then they check the paperwork. So have the paperwork.
Evidence you sold the car e.g. bank statement showing money being deposited on or about that date would help.
Also get copies of the paperwork to the court for the judge's attention 7 days prior so they can be up to speed when you get there.
If for some reason you paid cash for the airline tickets and don't have them anymore. And you sold the car for cash to someone who's name you can't remember, then the judge will take that into account too.
As regards Marston, the HMCTS debt is still live until the court advises them of the hearing, so best not have your current car around until you know.Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
The law is like an ocean - have a swim but don't drown.0 -
To anyone who may of read the dilemma I was in. I attended court when I got my new date. Waiting outside the courtroom early on the usher spoke to everyone and said a dvla representative is here to speak with everyone and see if anything can be resolved before going into main court....
I was first at court on the day so I was first in. I sat down and briefly explained the situation. She had a quick look at my file I brought. None of which was catagoric proof.... she said to me that's fine I will close the case and write of the debt. She scribbled over her page and had me sign it. And that was the end of that0
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