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trazy1

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  1. hi i hope some will be able to advise me . all this started on friday 7/01/22 when i picked mail up there was a bailiff card behind the door for my partner i gave him the card apparently it was from a speeding fine . what i didnt know was he had recieved notification of this at our old address . on monday 10th there was another card . having dealt with bailiffs befor and some very good advice from people on here i went and got a Declaration of Ownership . as eveything at my new address is actually mine house land and everything inside as my late mum left everything to me so to back my mums will up and the deeds and land registary documents got the declaration. i emailed this to Marston Recovery and the issuing courts on the monday also to the arrogant enforcement office MARK COOPER . i also said that they were not permitted to come on to my property nor enter . as they were tresspassing  this MARK COOPER text back saying i could stop making idle threats he would get a warrant to enter my property failing that a warrant to use reasonable force . i then emailed the issuing court and got no response and marston totally ignored the declaration also . this then mark cooper told me he could enter my property and i had to make a third party claim . my partner settled the debt but i feel that i have a case due to the nature of the threats they ignoring the declaration and then they courts emailed me to day to say matter closed . i emailed back saying no the matter is not closed as they failed on the declaration  and marston plus the threats and lies . i have every email and text . can i make a formal complaint againts the court and marston. hope you can help 

    1. Bailiff Advice

      Bailiff Advice

      Good morning Trazy, 

      I have never before responded to private questions as the forum do not like it one bit. I can though give you some advice which is that you have been given (or more likely, have read on the internet) some very wrong advice.

       

      I don't know when you last had experience with a bailiff but new regulations came into effect on 2014.  As this is magistrates courts fine....which is a criminal matter, the bailiff has a legal right to enter a property...and in fact, can do force using force. 

       

      If it is the case that the bailiff 'takes control' of any goods belonging to you.....then the law provides for YOU to file something called a 'Third Party Claim' under Section 85 of the Civil Procedure Rules. As this procedure is provided for in legislation, it appears to bypass the need for a person to send a Statutory Declaration stating that all goods in the property belong to you. 

       

       

      What your partner should have done was to  file a Section 14 Statutory Declaration. It would be important to do so given that he would have been given MORE points on his licence and a much higher fine on the basis that he failed to respond to the summons. This should also affect his motor insurance. 

       

      As the debt had ben paid, the court responded to advise that the account was closed. 

       

      There is nothing to stop you from making a formal complaint to Marston or the Court. 

       

      Kind regards

      Sheila 

    2. trazy1

      trazy1

      Thank you I have put formal complaints in today and made sure both the courts and marstons have to sign so they can not say they not received them . Sorry I thought the post was for all to see I not been on for awhile but thank you for your assistance 

  2. Thank you you have been so helpful I ring solicitors tomorrow was just a shock to get a bill after 4 mths
  3. No my grandmothers house but that was left to me in 2018 mum lived there as I lived in my home just how it was we weren't expecting a mnd diagnosis mum had lived with her mum caring for her till she passed
  4. Mum had no property or assets she left what she had to me which was not a lot covered her funeral bill and various other bills that were left outstanding i was executor everything was done with solicitors correctly.
  5. So does this mean I am responsible to pay this bill mum was living at home not a care home i really confused as I always thought your debts died with you
  6. Care charges from November 2019 to Feb 2020 this is when they said she didn't have to pay then changed there minds by this point my mum was on a chc as she had entered end of life stages
  7. hi wondering if anyone can help . My mum passed away at the end of April from mnd she left very little in finances as social services took most of her savings when paying for her homecare visits . Lcc have now just sent a bill for just over 1000.00 after paying for mums funeral and various other bills there is no money left . just wanted to know if i am responsible for this debt thank you
  8. had it not been for the help and advice from you guys i really wouldnt have known where to turn i am truly grateful it takes alot of letter writing and paitence but i have got there just the loose ends to tie up seeing as recoveries just ignoring what they have done and my mp has offered to still assist me where the recoveries are concerned but i fully intend to pursue them like they did me xx
  9. thanks i will let you know what recoveries have to say as they not forth coming with any justifable answers accept they acted on HMRC instructions so i see how far i can persue the matter x
  10. it transpires that i did not owe any over payment with tax credits or universal credits =2099.00 after involving my mp who has been fantasic in all of this i actually owe 00.00 the DWP owe me £76.00 that they took from my wages with as my MP put it an illegal DEA waiting on that comimg back they owe me a job as far as i concerned because thats what they cost me in the long run . if the recoveries team think i will let it lie they will have to think again because i want answers from them . i would like to thank everyone on here for all your help and contacts you gave me you also have been fantastic should i need any help again i know where i will be looking xxxxx
  11. DWP have phoned me this morning couldnt answer as i was driving . in my letters i wrote that all communication from now on had to be in writing should i ring back or will that make it look like i am acknowledging them bit confused now as what to do as they didnt say what dept they were from
  12. found a snippet of information off a web page not sure it will help but i going to give it a whirl in another letter , its from the dwp training manual for the use of a DEA it states (bit long winded ).. it is important that having established contact with the debtor a relationship is maintained with them (well i got 3 letters and a DEA ) it is a key intention of the pilot of the advisor to negotiate & agree a sustainable mutual acceptance voluntary installment plan with the debtor (that were never done ) the DEA or threat to use a DEA should be introduced where repayment can not be agreed or where a debtor refuses to pay (i never refused i only asked what when & where these overpayments came from sent them what the asked for ) wish id seen this as it shows they are in breech
  13. i spoke with my mp today he was bewildered by it all especially the speed they acted upon he agrees that they have not followed their own policies and procedures nor given me the right to see the alleged debts ect he was more than happy to fight my corner with me . all i can do now is wait for him to get on to them and wait for his reply which should be in the next 2 wks ,
  14. I will do I've some more letters to send tomorrow registered post I received a letter today to say my SAR will be here on the 17 October so at least I haven't a long wait for that
  15. thanks i have made a apointment with my mp going to see him thursday ive followed the 2nd step still not heard a dikie bird off them and i sent all letters registered post so the cant say they not had them i cant work as self employed as i no base to start from so to speak , i have registered with a agency so will hopefully get enough hrs to cover what ive lost . and hopefully my mp can kick some backsides . but i really appreciate all the help and advise thank you
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