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wigvet

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  1. My son bought a dilapidated terraced property about four years ago and spent two years completely renovating it and has been living there for about 18 months. Unknown to me he has never received a council tax bill and consequently has not paid anything to the Council. He has now received a letter from the council demanding to know details of the solicitor who handled the sale on his behalf. No doubt they wish to know purchase date etc so that they can issue a bill I am sure he will now be sent a hefty sum for arrears but just two points: i) Where does he stand on the two years the property was being renovated and uninhabited – does he still have to pay the full amount ii) Would he have to pay the arrears in one lump sum or could he agree a payment deal with the council? thank you
  2. Progress – progress – progress After being informed by the bailiff yesterday that this case was heard at Trafford Magistrates I rang them and spoke to a very helpful young lady. The case was actually heard there in June 2012 and judgement passed. The initial court papers/summons were sent to an address which my son’s girlfriend had not lived at for over two years! She now has an appointment shortly at our local court to sign a statutory declaration So my thoughts on the case so far: 1. Despite the heading on this thread Marstons DID indeed have a court order and so I apologise in that respect but: a) In their letters they do NOT inform you from which specific court the debt originated so you CANNOT contest/query it. They merely refer to ‘HMCTS Greater Manchester’ – what does that mean to the average layman? They do not tell you if you dispute the order who to contact or of any appeal process – they merely want their money! If it had not been for the bailiff letting it slip yesterday that it was from Trafford Magistrates Court I would still be at square one b) They refuse to communicate with you at all – even FIVE requests for a copy of the court order, which gave them the ‘power’ in this case in the first instance were refused. 2. Trustonline: the details they provided were correct – my son’s partner does not have any court order against her current address. 3. If Marstons can use their ‘group tracing & investigations unit’ afterwards to locate a ‘debtor’ why can the courts not use a similar service to ensure the summons is handed/posted to the correct person/address in the first instance . I am sure there must be many hundreds of cases similar to this where court papers, which could have a damming influence on peoples lives, are posted through the wrong letterbox without verification. WHY? Thanks to all once again – from my own experience I can see why many people merely capitulate to the man who comes knocking!
  3. I tried that yesterday and you get various options to press, and then more various options, and then finally the recorded voice states ' if you are ringing in connection with a bailiff visit please get in touch with Marstons'!!! I felt like screaming ' I have done FOUR times but they ignore me!' I have tried to help a young girl out with a problem, I have rang the courts, I have written polite letters and faxes, spoken to the bailiff, given my contact details out via CAG to Marstons and yet the odds are stacked against me to sort this out in a timely manner for as Billy Joel would say................ ‘I am an innocent man’ but proving innocence takes some doing!!!!
  4. thanks uncle B but i) I don't know which court to go to as Marstsons won't tell me - despite 4 requests ii) the house, fixtures & fittings are the sole legal property of my son who is the innocent party in all this and you are saying they can break in HIS house?
  5. i) It would appear that this case has nothing to do with an insurance company, as first thought, but has been instigated by the DVLA ii) Marstons maintain that they have a ‘magistrates court distress warrant’ from August last year against my sons partner; I have now asked FOUR times for a copy of this. Yet having a paid search undertaken with ‘Trust Online’ in December there is NO record of ANY order against her at the address that she has lived at for the past 2 years iii) This confirms my view that all previous documentation, court papers etc have been sent to an incorrect address iv) The FIRST she knew of this case was upon receipt of Marstons first letter in late December v) Once gain I have requested from Marstons a copy of any court papers, orders, client details etc so that I may deal with this in an appropriate manner which I have been unable to do so thus far. vi) I have asked Marstons that until such time as we receive such documentation and have had a chance to speak to the court to clarify the situation that I respectfully request that any further visits by their enforcement agent are suspended. ...I hold my breath! vii) One point which concerns my sons partner which I would like a quick response on please.. . My son works during the day and whilst his partner is busy putting the new baby in the car, can the bailiff simply walk in though the open front door to gain entry or does he have to be invited? Thanks once again for help so far and in response to an earlier post my contact details have been forwarded by CAG to Marstons
  6. you are right uncleb I have spoken to the enforcement agent who informs me that he has a copy of a ‘magistrates court distress warrant’ From what I can understand Thames insurance, upset at not getting the original Motor Insurance certificate back, reported my sons partner to the DVLA for false/failure to declare the sale of a vehicle! I jest ye not! DVLA must have decided to take action This has gone to the magistrate’s court in Trafford, Manchester and in my son’s partner’s absence, and her being totally oblivious to the case, the case went against her and she was fined! I repeat for the sake of clarity she never received court papers of any description I have asked him for a copy of the ‘warrant’ Two points: i) The enforcement agent is still threatening to come to my sons to seize property – can he force his way in and what are my sons rights as regarding his entry? ii) Where does my son’s partner stand with the court case if she was unaware of it? Can she have it set aside and if so what is the procedure? The most unbelievable aspect of all this is that despite sending a number of fulsome letters asking for substantiation, breakdown and reasoning of the debt you are TOTALLY ignored! PS thanks very much for your help so far
  7. And of two fax numbers on Marstons correspondence: i) 01992 703703 continually rings ii) 01992 807389 continually engaged So you can’t communicate by fax with them now!!
  8. Incredible Despite faxing Marstons yesterday fully outlining the case, despite enclosing copies of previous letters (all unanswered), despite asking again for a copy of the ‘court order’ and despite specifically asking that their ‘heavy’ is called off until full facts are at hand and can be dealt with in an appropriate manner he has been knocking at my sons door again this afternoon!!!! Note pushed through the letterbox states: Final Notice ‘I shall remove your goods for sale at public auction’ (house & goods are my sons who is the innocent party in all this!) Their client is referred to as ‘HMCTS Greater Manchester’ And still no response to letters, no copy of court order just threats, threats, threats! Shame on you Marstons! The ‘enforcement agent’ has left his telephone number – I suppose if Marstons won’t take notice of courteous correspondence there is no chance of him being obliging is there or should I call him?
  9. Thnaks TT but... i) NO court papers were ever received at old or new address ii) The sum ‘allegedly’ owed (for which NO explanation, breakdown or substantiation has been received despite being requested) stands at £605 iii) Marstons specifically refer to: a) Letter mid December: ‘Being in possession of a Magistrates Court Order’ b) Bailiff note put through letterbox last Saturday: ‘Magistrates Court Fine’ As previously stated: i) I paid for a court search and NO judgment has ever been passed against the individual concerned ii) I have asked Martsons TWICE for a copy of the court order, but none has been forthcoming Due to the lack of response or copy of the order I am unable to make an ‘application to set aside the judgment AND to "stay the proceedings" to which you refer And as regards Marstons offer to investigate I have written to both their Sale and Waltham Cross office (and to CCI Legal who instructed them) and there has been NO response whatsoever!
  10. letter to Marstons in December 'As I am unaware of any case involving me ever going to court, let alone being able to defend myself, I request a copy of the said court order forthwith so that I may act accordingly' NO response received to letter
  11. thanks uncleb' further points as follows: ‘It would not be a magistrates court order, but a county court judgement’ A: Marstons specifically refer to a ‘Magistrates Court Fine’ Ask marstons which county court awarded the CCJ and on what date, plus what reference numbers apply. Then Sons partner can phone the court. A: Already done so in December but NO response If marstons are telling porkies then warn them that they may be committing a criminal offence under the Administration of Justice Act 1970 A: this Act was referred to in a previous letter sent to to CCI, who appointed Marstons If the Insurers or their reps had applied for a CCJ, the court would have sent a court claim to the address they were given. This would have been the address where the Insurance was registered. Following the CCJ, the court would have sent details of the judgement to the address. A: NO court papers received at new or old address They can try to levy on Sons partners car, A: She now does not have one – she sold it in 2011 and this is from where this dispute originated
  12. My son’s partner sold her car and cancelled her insurance policy but there then followed an ongoing dispute with her insurance company (Thames) over the termination fee as they alleged that she had not returned her certificate of insurance for the vehicle concerned. She did return what she thought was her latest certificate but they were adamant they had issued a later ‘amended’ certificate what had not been returned. All went quiet for a few months and then she received a letter from CCI Legal followed by threats from Marston’s who said they were in possession of a magistrate’s court order. She wrote to: i) CCI: to inform them that she had complied with Thames request and was unaware of any debt and to refer the matter back to Thames and not to appoint Bailiffs as this would deem to be harassment ii) Marstons: to inform that she had paid to have a court check done (Trust Online) and there was not, nor has there ever been, a judgement against her and requested explanation of their letter Neither of the letters was responded to and then on Saturday a ‘Removal Notice’ was shoved through the letterbox by Marstons who were chasing a ‘magistrate’s court fine’ totalling over £600 Not only is my son the sole legal owner of the property he is also the sole owner of the contents, fixtures and fittings. As this ‘alleged’ dispute is with my son’s partner can they forcibly gain access to his property and what should be his partners nest step as she has written to both parties without a response asking for an explanation of their charges/action?
  13. My wife has a small card shop and recently decided to switch her electricity supplier from British Gas to another supplier. British Gas have however refused her request as apparently she signed a five year contract in March 2006 British Gas sent a very poor copy of the contract – hardly legible – its undated apart from the handwritten date under the wife’s signature. I don’t know if this was a ‘fixed price contract’ but I note that the rate has increased from 7.95 on the contract to 11.65p/kWh Not only that but…..the signed contract which they are insisting my wife adheres to has a standing charge figure inserted of ‘0.00p/day’ and yet she is being charged at 48.460p/day (£43.61 per quarter) If the wife HAS to abide by this contract can she now demand a rebate on the standing rebate overcharge?
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