Marstons, notice of seizure.

[gazza48]

Hi,

Somebody from Marstons called at my address last week(27th march) and handed my wife an envelope addressed to my son. This was for a large debt with one of the banks which he brought back with him when he returned to live with us due to his financial problems. I have a couple of questions with regards to the above,

 

1/ What rights do the bailiffs/agents have to enter my property as it is not my debt?

 

2/ They issued a seizure notice on my caravan that is parked on the drive can this be removed or seized? It is registered in my name.

 

3/ As my son has got himself into a mess, due to drugs etc, and he owns absolutely nothing having lost it all in the seedy world he got himself into. What can the debt collection agency actually do with regards to seizure of goods in my property as the debt is now registered here?

 

Has anyone tried to contact marstons by phone. What a nightmare and isnt it convenient how often you get cut off when they cannot or will not give a straight answer to your questions.

 

Many thanks for your help in advance.

 

Gareth Lloyd.

[42man]

Welcome to the CAG forums Gazza...i'll move this to the Bailiffs forum, where you should get some more help/advice/comment

[worried parent]

Someone with better knowledge about this will come on to help soon.

[chris600uk]

Hi,

Somebody from Marstons called at my address last week(27th march) and handed my wife an envelope addressed to my son.

 

That's interesting

 

This was for a large debt with one of the banks which he brought back with him when he returned to live with us due to his financial problems.

 

How officially does he live with you? Because, if he is moved everything to do with his life to your address and it is now his official residence, then you can expect a whole lot of people beating a path to your door.

 

1/ What rights do the bailiffs/agents have to enter my property as it is not my debt?

 

Although they may have the right to beat a path to your door... that doesn't give them the right to beat their way through your door.

They have no right of entry.

 

2/ They issued a seizure notice on my caravan that is parked on the drive can this be removed or seized? It is registered in my name..

 

If you do nothing about it, then there is a definite possibility that they will take it away.

If I were you I would have a Statutory Declaration witnessed by a local solicitor (should cost a fiver) and send them a copy, with a covering letter telling them that it is yours and that now you have given them notice that the property they have seized is not the property of the debtor with your property and they should release it from seizure immediately, and ask them to confirm that in writing.

 

3/ As my son has got himself into a mess, due to drugs etc, and he owns absolutely nothing having lost it all in the seedy world he got himself into.

 

I'm sorry to hear about that, I'm afraid it's a lot more common than people think.

If he owns nothing, and has no goods of any sort in your house, then you should send a separate letter from him, with a copy statutory declaration attached saying that he has no goods of any sort in your house.

 

Has anyone tried to contact marstons by phone. What a nightmare and isnt it convenient how often you get cut off when they cannot or will not give a straight answer to your questions.

 

That's perfectly normal, and it's why you must never contact them by phone, only ever by e-mail/post.

[tomtubby]

I would assume that this debt is being pursued by Marston under their High Court Enforcement dept as the debt had been transferred up from the County Court.

 

The bailiff was CORRECT in putting a levy against your caravan and the law provides that he can do this. This is because a bailiff can ASSUME that goods on the premises are owned by the debtor and that the ONUS of proof is on the DEBTOR and NOT the bailiff to prove otherwise. There is case law to confirm this.

 

It is therefore VERY important that you WRITE to the company to advise them that you are the owner and provide some sort of proof. Alternatively, you can swear a simple Statutory Declaration. However, you need to ENSURE that you request that the levy is REMOVED and all fees asssociated with the visit are removed as well.

[Terrifiedfemail]

Please God help me!!!! I don't know how to use a forum, but I sit here in my bedroom terrified in case the Marston bailiff sees me. Over the past three days I have had 3notices for payment of 4parking fines. They are now demanding almost £1300.00!!!!!! they as my fines, but I have no money at all. It is difficult to even feed my three sons who a in their teens. Yesterday I came home and my backdoor was wide open and my sons do was running around the street. They have left a notice saying they are coming with a locksmith. Please help me- I am terrified !!!

[chris600uk]

Please God help me!!!! I don't know how to use a forum, but I sit here in my bedroom terrified in case the Marston bailiff sees me. Over the past three days I have had 3notices for payment of 4parking fines. They are now demanding almost £1300.00!!!!!! they as my fines, but I have no money at all. It is difficult to even feed my three sons who a in their teens. Yesterday I came home and my backdoor was wide open and my sons do was running around the street. They have left a notice saying they are coming with a locksmith. Please help me- I am terrified !!!

 

 

 

Terrified, you need to start your own thread, the thread starter button is up in the top left corner. However just to get you started as best as I can:

 

Over the past three days I have had 3notices for payment of 4parking fines.

Purge cash

 

When you say three notices, do you mean bailiff letters?

That would suggest that you have not received the NTO, or notice to owner for each parking ticket.

[Peroni]

With regard to the original poster, would the son be classed as vulnerable - I'm assuming a recovering drug addict would come under that catergory?

[chris600uk]

I'm not sure that it would, unless there had been some mental impairment or physical disability or medical condition as a result of that misuse.

[Peroni]

From what I know, an individual who has an addiction and whose life is affected severely enough for them to not function as a 'normal' member of society, they can access help from the likes of social services, housing, retraining tailored to them, etc..

 

Even if it's not written directly as a 'vulnerable' group, it could be linked and therefore considered to be so, especially if there are testimonies by professionals involved in the care like counsellors, doctors and the like?

 

(I could be completely wrong by the way, I'm new to these forums and have just been fascinated reading the threads in here. )

[pink_eeyore]

Yes but then it can be argued that if its not set out as 'vunerable' in the Nastional Standards for Enforcement Agents it doesn't 'apply' as such.

[Peroni]

Under certain circumstances, drug users (so I assume recoving drug addicts too?) are able to claim disability benefits - even if this may not be the case here, it could be put forward to buy some time?