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Sunsetgary

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  1. Tomtubby, I have not yet complained to Marston Group, i wanted to get all of my facts established first. With regard to the police, no the Distress Warrant was not requested or shown to them. thanks for your interest
  2. Thanks for responses - A lot to think about. The Distress Warrant was issued for failure to identify a driver back in 07/2010, the paperwork I was given is dated 10th October 2012. Can I ask : 1) If I make a complaint to the police, will they take me seriously ? I say this as Four Officers were present at in my house. 2) In respect of complaining to the court, I rang and tried to speak with them following the first visit last week and they refused to talk to me as I am not my son and did not have his consent. thanks in advance
  3. Hi, I need some help please, this is quite involved but I will start at the beginning. On Tuesday 20th at 06-50 I awoke to see someone outside on my drive fiddling with my car, I got up and went outside to find it clamped and faced by a very aggressive bailiff from Marston Group in respect of a debt for my son, who does not live at our address and for whom I cannot recall seeing any previous communication or correspondence in respect of this matter. He advised that he had a distress warrant and openly acknowledged that althoughI was not the named person (as he knew that the Date of Birth of my son, (he is21 whereas I am 50 !) I advised him my son was not and did not live here and he stated he did not care as the debt £445.00 was registered to this address and therefore he was going take the car placing a sticker on the window. I advised that this was not going to happen, nor would I let him into the houseand that I would call the police as the car belonged to me and I could provide proof of ownership (V5 and purchase receipt in my name). I went back into the house and copied the two documents went back outside but he would not talk to me, advising that he had called the police and would get them to sort this out. I also called the police but they refused to attend as this was not a civil matter. Nothing occurred for the next 2 and ½ hours i then had to go out, going outside my car still clamped, I went to talk to him in his car and advised him that I needed to go out. Fortunately we have use of two vehicles, he manoeuvred his car to block my exit but when I reversed he did actually move his car. I returned home later in the day to find that the clamp had been removed from my car and a Final notice letter addressed to my son placed through the letterbox. See Copy) I was clearly concerned I wrote to Marston group and sent a letter by recorded delivery that evening. Yesterday morning Saturday 06-55 I am woken by the doorbell ringing, hard knocking on the door and a female shouting through the letterbox that it is the police, I (foolishly) opened the door and was immediately pushed passed by what I thought was a police officer (due to her comments and dress), only to see behind her the male bailiff from the previous visit. I immediately slammed the door preventing him entering and then blocked the passage of the female in order to prevent her from entering any further into my house other than the entrance hall. I advised her that she was trespassing and had fraudulently misrepresented herself and that I was calling the police, to advise them of a break in which I did, s he stated that she did not care and that I had ‘Invited her in and she was an enforcemen toffice from Marston Group here to collect a debt on behalf of my son and she had a distress warrant. She refused to talk with me until the police arrived, but rang her colleague on the doorstep to advise of her situation which was perfectly safe as we had both accepted that the police would sort this matter out, two patrol cars, bluelights flashing, with four officers arrive and one asks me to move away and come and talk to him in the kitchen, I detail what had occurred, he then goes and speaks with her and returns to say this is a civil matter and apparently according to her ‘I pulled her into the house’ therefore she had obtained peaceful entry therefore she could go about her business and enforce the distress warrant. Based on the above, my wife and I were faced with no choice other than topay the £445.00, which we did by debit card, advising and witnessed by the police that we were paying under duress and that for which we accepted no responsibilityfor the debt. So, to summarise my position, at no time has my son been present, thebailiff forced entry into my property. I should point out that I am unemployed and on Jobseekers allowance, therefore I really cannot afford to pay this money and need advice as to what action I can take in order to recover this money.
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