Marstons Visit - Car I traded in 3 years ago. Help?!

[dfitz24]

Hi, Yesterday and today I have received visits from Marstons High Court Enforcement Officers. Removal Notices put through the door.

 

This all relates to a car I traded in at a garage 3 years ago. Apparently after I had traded it in, it was found untaxed and presumably towed. It seems that the re-registration of the car didn't happen despite my sending of the Yellow 'sold to motor trade slip'. I did receive a visit from bailiffs regarding this nearer the time. However I explained that I had sold the car, showed them some documentation to prove I had traded it in and who to and they seemed to go away happy with my explanation. A few months after this I moved home.

 

Now this seems to have come back to bite me. It appears to have been to court and now Marstons are at the door. I have been trying to get to my local magistrates court the last couple of days as I was advised to make a 'Statutory Declaration'. Not been able to so far due to courts closing at 4?! And then nobody being there to deal with it on the second occasion. Am now having to take a day off work tomorrow to get down there early to try and sort it.

 

My main concern is that my partner is the one that is here if they return tonight / tomorrow morning (due to me working) and this situation is incredibly distressing for her. She is currently 5 months pregnant so this isn't doing her any favours.

 

Will a 'Stat Declaration' be enough to put a hold on the bailiff's. Do Marstons have more powers being 'High Court Enfocement'? Due to their charges this is not an amount of money that I can come up with and am pretty worried about this getting worse.

 

Any help and advice would be very gratefully received!

[dfitz24]

I am also wondering if I should call the bailiff to say that I am intending to make a 'Statutory Declaration' tomorrow morning? would this help / hurt?

[dfitz24]

Bump?

[Bartok]

Never contact a bailiff.

 

If you sold the car then you are not liable for it after the date of sale. Just tell the bailiff that and there is not alot they can do about it.

 

A bit odd that high court bailiffs are being used for collecting back-taxes on a car. I thought it was a mags court that does that.

 

I dont think there are any fees due by you in any event. Just make sure the door stays shut if you get any visitors you dont recognise, other posters here suggest take the bailiffs photo on your mobile thru a window and just ask them to leave and say no money is owed. Do not 'confrim' your name and say the photo is being taken for crime prevention reasons and will be handed to the police.

[dfitz24]

Thanks for the advice. Would it not be worth calling the bailiff to state that I had sold the car and that I will be making the stat declaration? I'm just panicing that they might turn up when I'm not here tonight or first thing in the morning when my partner will be on her own. She's really not dealing with this all very well

[Bartok]

dont really know about this stat dec stuff and i have a feeling bailiffs will take no notice of it. Bailiffs dig their heels in when they have made contact, they wont let go, otherwise they quickly move on when there is nobody home and no prospect of making any money on the case.

 

I have a feeling you dont owe anything anyway so dont let it bother you. If your partner feels threatned by bailiffs at the door then she should call the police and keep ther door shut until the bailiff is long gone.

[seanamarts]

I have to disagree here, as much as I would agree to not speaking to bailiffs on other matters I think it is in your interest to inform the bailiff/bailiff company of the situation and letting them know that you are seeking to make a stat dec. You also need to let them know that your wife is pregnant and under the national standards they should be avoiding a visit to your home because of her condition.

[Bartok]

National standards? are you referring to the old Deptartment of Constitutional Affairs National Standards for Civil Enforcement Agents that were published in 2002?

 

I dont think a bailiff will take a blind bit of notice, especially when they know they have a 'live' case at the address.

 

Play it low-key and keep that door shut and capture everything that is said by the bailiff. Tell them to contact a solicitor.

[RaeUK]

Bartok, Marstons pay a lot of attention to the National Standards for Enforcement Agents especially where further supporting evidence of the vulnerable category is provided...

Best wishes

Rae

[RaeUK]

dfitz24, simply email a brief note to the bailiffs. Explain the situation and that your pregnant wife will be the sole person in the house during weekdays. Request that, as she is in the second trimester of preganancy, no bailiff calls at the property as this will result in unwarranted and unnecessary stress to both your wife and your unborn child.

Advise that a statutory declaration - which is a legal document and subject to the laws of perjury - will be forwarded at your earliest convenience...

Best wishes

Rae

[dfitz24]

Thank you all for your input here. I did contact the bailiff as advised to inform them of the situation and she just requested that I let her know today about the result of the 'stat dec'. Thankfully the stat dec went all ok this morning. Although didn't expect it all to be as official (and nervewracking!) as it was. Anyway, thanks again

[tomtubby]

Thank you all for your input here. I did contact the bailiff as advised to inform them of the situation and she just requested that I let her know today about the result of the 'stat dec'. Thankfully the stat dec went all ok this morning. Although didn't expect it all to be as official (and nervewracking!) as it was. Anyway, thanks again

 

Please post back after making the Stat Dec.

[dfitz24]

Hi tomtubby, I made the Stat Dec this morning and it was accepted by the court - although a little grudgingly I think as I was outside the 21 days normally required...

[RaeUK]

Glad to hear it.

Best wishes

Rae

[letsmakeamark]

Write off to this address and explain to them you need proof of when you were the registered owner/keeper they will write to you. Plus it is free. you need to quote your details,car reg, colour and model :

 

Specialist casework

DVLA

Swansea

Sa99 1zz

 

They should respond in 2-3 weeks with your details. keep them handy and send copy of letter to marstons and the court etc.

[dfitz24]

Thanks letsmakeamark.. was wondering what my nest step should be regarding the dvla and if I should contact them directly regarding this now.

[letsmakeamark]

Dvla will get in contact with you if they wish to persue it.

[dfitz24]

Hi all,

 

An update to this saga....

 

I have received a letter/summons regarding this whole matter an it seems they are just going to start chasing it all over again. It's stamped with 'After Statutory Declaration' across the top.

 

Any suggestions on how to deal with this? I'm sure I've read somewhere about it being proved in court that the DVLA regularly lose mail.. surely this could be the case with the part of the registration slip that I sent to them after I sold the car? Can I use this?

 

I'm also wondering about the company I part ex'd the car too. Apparenttly they have changed hands now. Is there anyway I can make a request to them in order to get details of them receiving the car?

 

Any help very gratefully received!

[letsmakeamark]

Attend the hearing and explain your situation. also write off to the address i gave earlier and ask them to confirm what date you ceased to be the owner.