Marston bailiff 1 hr away, urgent help please

[maddiemay]

Above person is due to arrive to remove goods levied a few weeks ago

which were 2 work vans, both on finance.

 

Sole trader husbands debt, he moved out 2 weeks ago (on good terms)

 

Debt was a ccj registered by magnet for materials supplied £957.13 as a business debt it was due forthwith.

 

Debt now £1,292 with Marstons fee's

 

Husband has e-mailed 5 times in the last week and faxed last night to inform them he is not here and of my illness, offering them £5pm, and has only had computer generated response.

 

I have been on medication for 2 yrs, have had therapy of all kinds for depression,panic attacks,and a phobia, I do receive some benefits.

 

My car is on the driveway its registered in my name, is it safe?

 

I have put a letter on the door, saying a vunlerable person is in the house, please go away (as if it were from debtor) I dont know what else to do.

 

Just phoned husband, he's just spoken to Marstons, they say bailif is on his way, cant stop him coming unless he pays in full.

 

Sat up till 3 am trawling through CAG site, bailiff doesnt need to be certificated as he's high court, which sucks as he's not

 

Help please and soon.

[ambershadow]

They can't take whats not his So don't panic.... Don't answer the door or let them in..

If you need to speak with them do it through a window or letter box just don't let them in..

[maddiemay]

I dont answer the door to anyone anyway (part of my illness) I dont really need to speak to him though do I ?, my doorbell doesnt work, so he'll have to thump the door which may be a bit scarey.

Another of husbands creditors have petitioned for bankrupcy,hearing in Nov, should I tell him that ? sorry for all the questions and I'm really grateful for your swift response.

[dawnwb]

Hide your car or go out for a couple of hours. Make sure you look all your doors, windows, gates etc etc any thing in the garage? Make sure its all locked up. He cant enter the house uninvited but if a window is open he can gain "peacefull entry" If you are in when he calls you must talk to him, im not sure but i think if he knows your in he can force entry. Just talk to him through letter box. Tell him you know your rights and you will not let him and that you are willing to pay but not untill you have legal advice. Or something like that, im new to all this too but dont panic they cant enter your house unless you let them in ok.

[dawnwb]

I would also demand that your Husband gets himself round to your house and make him deal with the bailliff

 

Sorry forgot to say that they cant take your car if its in your name but Marstons dont exactly follow the rules from my experience so i would hide it if you can x

[andie_303]

Dawn - A bailiff CANNOT force entry if he knows you are in without a court ordered warrant and you don't have to talk to him at all.

 

Maddie - Is the CCJ in your husbands name only? If so they cannot touch your property including your car.

 

If they have levied on vans that are company vehicles but also financed they have completed an invalid levy and therefore have no business being on your property.

[andie_303]

Hide your car or go out for a couple of hours. Make sure you look all your doors, windows, gates etc etc any thing in the garage? Make sure its all locked up. He cant enter the house uninvited but if a window is open he can gain "peacefull entry" THIS IS CORRECT - make sure all doors and windows are locked.If you are in when he calls you must talk to him No - you musn't do anything - talking to these people generally makes things worse!, im not sure but i think if he knows your in he can force entry Definately not without a warrant and you would have had notification if they had one - as the debtor does not live there anymore you should file a notice of disassociation. Just talk to him through letter box wouldn't even do that if I were you! Tell him you know your rights and you will not let him and that you are willing to pay Errr no you're not cos it's not your debt! but not untill you have legal advice. Or something like that, im new to all this too but dont panic they cant enter your house unless you let them in ok.

 

The notice on the door is good - if he ignores it call the police

[seanamarts]

1. A bailiff cannot take what is NOT written on the Levy.

2. He cannot take any items that do not belong to the debtor.

3. You do not have to engage in conversation with this bailiff as the debt is not yours.

4. If the car is solely in your name then he can neither take your car or clamp it and if he does he will be in a whole lot of trouble.

If the bailiff threatens you with forcing entry or calling the police to gain entry he will be lying and again will be in trouble doing so.

Stay calm, keep your wits about you and call the police if he starts to threaten you.

[maddiemay]

Oh you are all so great I'm trying to keep up with you all, ccj in husbands name only, vans are on finance but registered in husbs name not a company, he was/is a sole trader.

It must be well over the hour by now, still no sign, fingers crossed.

Amazing how much you feel comforted being on here, I almost didnt realise the hour was up, could be stuck in traffic I supose.

[seanamarts]

It may well be that they are waiting to see that your husband turns up As I am sure they are well aware of your circumstances and are just trying a scare tactic to get your husband out in the open so that they can get one of his cars/vans.

[dawnwb]

Thanks for putting me right guys! I wasnt sure if they could come in if they knew you were there or not, ive had a little bit of conflicting advise myself. I thought i had read it somewhere but then again ive read so much over the last few days!

Sorry Maddie for giving you wrong advice x

 

I just feel bad for maddie, its a dreadfull feeling waiting for them to turn up, like sitting on a time bomb, i know the feeling!

[andie_303]

Or could be yanking your chain hoping your hubby will come up with some money to "protect his lady wife"

 

If vans are on finance your hubby needs to photocopy the agreements and send them to Marstons along with a letter saying that they have completed an invalid levy as they should be fully aware they cannot levy on good that are financed and that alll levy fees now be removed.

 

He also need to reiterate to them that he no longer reisdes at your address and that them attending your residence when they are aware of this matter is a breach of OFT guidlines and leaves them open to a writ of harrassment filed by yourself cite Ferguson V British Gas Trading Ltd as the case law you will use to bring such an action before the court.

[andie_303]

Thanks for putting me right guys! I wasnt sure if they could come in if they knew you were there or not, ive had a little bit of conflicting advise myself. I thought i had read it somewhere but then again ive read so much over the last few days!

Sorry Maddie for giving you wrong advice x

 

I just feel bad for maddie, its a dreadfull feeling waiting for them to turn up, like sitting on a time bomb, i know the feeling!

 

No worries down we've all given wrong info on here whilst learning and the more you read the more you know.

[maddiemay]

Ok Dawnb, Im always a bit too scared to post when I think I know something that could help, so good on you for having a go, we have both learnt a bit today, so thats great and I really appreciate your imput.

Andie, will get on and do a letter to Marstons about invalid levy and agreements, which incidentally I posted about a while ago, the finance on one of the said vans is provided by a company who have sent 2 copies of cca signed by different people which differs again to the one husb had all along. They have however been very patient since having this pointed out to them, and accept payments as and when. Still no sign, letter still on the door and thats where it'll stay, but I will get the husband to post a copy to them too, he wont be here until the weekend to collect our son so they'll have a long wait if they're on a stakeout!!

Many thanks Andie, Dawn, Seanamarts and Ambershadow, youre all stars and it must be getting on for 2 hrs now if not more. Thanks again I will keep you posted as I hate it when a thread end without an outcome

[ambershadow]

Good luck to you

[seanamarts]

good luck ma dear and lets hope that they do the decent thing and leave you be x

Dawnb its ok to make mistake here on the forum its where we can all learn from them

[maddiemay]

Well the letter is still on the door and will stay there for as long as Marstons are still a threat, they did not show up on Wednesday, so their 'he's 1 hour away and we cant stop him coming' was a scare tactic that failed (maybe wouldnt have done though if husb or me had been able to get hold of the money to pay them) Its a day I wont forget in a hurry though. Husband said he's paid them the first of the monthly payments he can afford (£5) dispite them saying its not enough, well to my mind its better than nothing and at least he seems to be doing the right thing.

Probably not the end of it and I will report any further developments to you.

[Rooster-UK]

Please do keep us up to date on this.

If there are any further developments, don't hesitate to post the details.....

You've got over 200,000 fellow Caggers on your side.

 

Regards, Rooster.

[maddiemay]

Thank you for your kind words, I only got through that fateful day because of Cagers and learnt a lot too!!

Bless you all

Maddie:)

[maddiemay]

Ok everyone, letter was removed from my front door by a huge bloke I assume from Marstons, didnt knock, took the letter out to his van sat there for a few mins then left. Nothing through the door but I imagine he's added his fee's to the account. Should I do anything or can he no longer cause me any more stress now he knows hubby does not live here just loony me ? I do want to help my husband though as I said before we are still on good terms and he's having an awful time.

Re-cap

Marston levied 2 x financed vans on 26/08/09...officers fee's £180.26

Wrote and Said they were coming on 24/09/09...no show

Arrived on 28/09/09 took vulerable person letter from the door...left no paperwork.

Does that mean they haven't charged for todays visit or am I being stupid?

I was suprisingly calm whilst he was lurking around

[sillygirl1]

If the vans are on HP then their whole levy is invalid, you can report this to your local court via Form 4, the bailiff should know better - but now you know better than him... they just pick and choose which bits of law suit them, regardless of the fact it may have been overridden by other laws.

[maddiemay]

Brilliant I will take a look at form 4, better for me to get in there first as vulnerable letter says return it to court with a copy of this letter, if they do at least the court will already have been contacted by 'debtor'.

Thanks sillygirl

[seanamarts]

Have you informed the council that your husband no longer lives with you ? If not then you need to get that done asap.

I suggest that your husband start paying something to the council to show that he is willing to pay off this debt and get him to contact them. It might be that the bailiff will send this account back to the council for them to find him, who knows!

kepp up updated though

[dawnwb]

Hiya Maddie, in your letter to Marstons did you tell them that your a single mum? under the National Standards for Enforcement Agents

They should leave you alone now but I think the fact the debt is your husbands means you shouldnt have to worry anyway.

If they come back tell them to go away through the letter box and if they dont and they are banging on the door call the police and say your are classed as a vunerable person and you feel threatened

A tip if for whatever reason the police are called make sure the police dont leave your door open, lock it with a key so you have to let the officer out ok and make sure bailiff is well away from your door but i dont think its going to get to that.

 

Remember they cant force entry unless the door or window is open and they cant clamp your car if its in your name and not your husbands.

 

I honestly dont think they will be back though:)

[seanamarts]

Some finance companies will let the vehicles go as long as they get their money at the end of the day. As for the form 4 I would hold back on that as of yet as you really need to complain to the council and the bailiff company before you can do this. Its a very long winded process and can be very upsetting and frustrating