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Please help!!! Marstons want to gain entry for debt thats not mine

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Yesterday I had a card from Marstons Group, it basicly said that if my husband does not pay £330 they will use force to gain entry and remove goods to the value.

 

The debt is a magistrates fine that my husband got in December 2009. He started paying the monthly payments but obviously didn't keep on top of them, anyway, my husband left at the beginning of August this year and Marstons have been informed of this ....... can they still force entry?

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If the only address they have for him is where you live they will be hoping that by pressurising you that you will pay the debt that has accrued. Yes they can call but to force entry they would need an order from the Magistrates and that is very rarely given.

 

As you now live on your own you and the debt is not yours you do not even have to speak to them, you are under no obligation to tell them where your ex is unless it suits you to do so. For the sake of ease it may you to complete a Statutory Declaration claiming all goods on the premises are solely yours. This can be done at most Solicitors - cost approx £5/£10.

 

You can also inform the Court manager but will probably find it lays on deaf ears.

 

PT


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many thanks for your help, the court have been informed and were quite sympathetic but said that they could not recall the warrant. the bailiff says he'll be round with a locksmith and a police officer to check that my husband has gone. good luck to him

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If you need it here is a sample of Stat Dec:

 

 

 

 

 

STATUTORY DECLARATION

 

I,____________________________ ______________

address_________________________________________________

_______________________________________________________

make the following declaration under the Statutory Declarations Act 1959:

 

All items contained within the property at the above address and within it's boundaries, are owned by Mr XXX XXXX & Mrs XXX XXXX . There are no items within the property or it's boundaries belonging to any other person.

 

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

 

Signed:

 

Declared at___________________on__________________of 20___

Before me,

 

 

Full Name___________________________Qualification____________

Address__________________________________________________

of person before whom the declaration is made (in printed letters)

 

 

PT


Please consider making a small donation to help keep this site running

 

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As many people on here know, I have a commercial business providing bailiff advice to the public and every day I will have to speak either with bailiffs or their companies. I have no doubt that you are telling the truth about your husband leaving but sadly, this is the same story that bailiffs get told when they visit a property and many times this excuse is given to get out of paying a debt.

 

If you have a forwarding address or mobile number for him then you should volunteer to give this to the bailiff.

 

PS: Yes....the bailiff CAN force entry for an outstanding COURT FINE but you need to be aware that this EXCEPTIONAL situation has only been used on 9 OCCASIONS in the past 3 years and that in EACH year there have been 900,000 WARRANTS issued to bailiffs !! VERY RARE INDEED but nonetheless, used as a treat to obtain payment.

 

PS: Can you check your letter again. Did it say that they WILL you force to gain entry or did it say that they MAY or CAN. There is a HUGE difference!!

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thanks for the info, the card says that he WILL be re-attending with a locksmith if necessary. I have done the statutory declaration now and have posted a copy to the office, they have got my husbands mobile number but I haven't got an address for him.

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