MARSTON - help needed

[Badger7119]

Really in need of dire help as to how to deal with a situation with Martson

 

Only just come to my attention that a letter was sent to my mothers address in London from Marston with regards to them saying they have a Magistrates Court Order due to No Vehicle Excise Licence.

 

This relates to an offence years ago when I lost my license (totally my fault and not disputing this)

 

The amount they are asking for is £772 which is way over the intial amount.

 

This is where is gets complicated as I do not live at my mothers address and have not done so in over 20 years!!!! No idea where they got that address from.

 

In losing my license the walls caved in as a result I lost my jobs and could not afford the rent on my property. A lesson well learnt and one I wont repeat. Yes i did buty my head in the sand as could not cope but am trying to rectify my wrongs now

 

I have with the goodwill of some close friends gone from Sofa to Sofa whilst seeking new employment.

 

I have now started to get myself back on my feet in a new job but essentially still of no fixed abode.

 

I own No car or any material belongings bar the clothes in a rucksack!!!!!!

 

I have sent them 2 emails with a proposed payment plan but got no replies. I today from fear called them only to be told that they do not accept a payment plan (although they do contradict themselevs on their FAQ section on their website as one part says they dont enter into payment plans and further down that they can!!!!!!) the lady on the phone told me that cause i have no fixed address they will send an emforcement officer to my address which I have no doubt put additional fees onto the already outstanding amount!!!!!

 

My mother is 63 years old and is registered disabled with Bi-polar and episodes are bought on by stress which this will no doubt will!!!!!!!!! she has spent three periods sectioned under the mental health act and i am scared that this company will just come around and put fear of god in her!!!

 

I have put this into an email and to the lady on the phone but she still insists that they will turn up

 

As I said before i do accept that I have to pay but cant as they want in a lump sum!! so have proposed over a period

 

WHAT CAN I DO - i have not the money - I have no address and no belongings !!

 

ANYONE ADVICE WOULD BE WELCOME PLEASE AS AT WITS END

[itgetsbetter101]

Hi Badger. First of all well done for getting your head out of the sand. I'm guilty of that and I know how hard it can be to get out of it.

 

I'm sure people with lots of experience will be here shortly to help you but I think it's important that you let them know that you do not live at your Mothers address and that she is vulnerable. I'd also get your mum to fill out a 'Claim of Ownership' stating that she owns all of the items in your house. It's your fine, they're merely trying to get the fine and no doubt trying to intimidate your mother. There's some great advice on bailiffadviceonline and also bailiffadversary but I'm sure you'll get what you need here.

 

It's really scarey I know but keep your head out of the sand and continue to ask for help. If you haven't got anywhere to live and no money to pay the fine they can't do anything about it. I would get you'll need to make a declaration to the court etc. but once again someone with lots more experience will be along to help.

 

One thing I know I can advise is NEVER call the Bailiffs. Do everything via mail. (Although I'm not sure how you will do that with no fixed abode.)

[Badger7119]

Many thanks Craig ! Where do i get the Claim of Ownership form from ???? loathed to involve her too much as my mess and she natuarlly worries but want to do all to prevent these guys making her life hell!!! As i said my mess and i want to sort but not as they say in one go!!

[brassnecked]

She goes to a solicitor and signs a statutory declaration cost around a tenner, that all goods in the house are hers, others will be able to be more specific

[Badger7119]

many thanks brassnecked - my fear being that they will continue to harass and that the result will be her having another serious episode. Bi-polar is horrendus and comes from taking on too much and not being able to control emotions!!! I am hoping probably in vain that they will respond to my emails !! but suppose i am being naive. Just wish that they would engage with me so I can sort without the need for them wanting to impose further charges and misery

[itgetsbetter101]

I'm sure someone with more credibility will be along but here's a Notice/Claim of Ownership. I've copied this from the consumerwiki, just adjust, get your mum to sign it and send it in.

 

BAILIFFS NAME AND ADDRESS

 

DATE

 

Dear Sir/Madam

 

Re: : Notice of Ownership

 

I write on the understanding you or your firm of bailiffs has seized, or is intending to seize chattels, vehicles, goods, or property belonging to me at the above-mentioned address in respect of an alleged debt belonging to somebody else.

I confirm that I am the lawful owner of the aforesaid and there is no entitlement enabling you to change ownership, possession, location, use and enjoyment of my property by way of a levy or a walking possession agreement.

This document is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility this letter is handed to the relevant person within your organisation.

Any attempt to subvert or rebuke this notice will result in an invalid levy and I will automatically file at court a Form 4 complaint with an application for costs against the certificated bailiff without contacting you further in this matter.

 

Yours Sincerely

 

MUM'S NAME

[brassnecked]

I'm sure someone with more credibility will be along but here's a Notice/Claim of Ownership. I've copied this from the consumerwiki, just adjust, get your mum to sign it and send it in.

 

BAILIFFS NAME AND ADDRESS

 

DATE

 

Dear Sir/Madam

 

Re: : Notice of Ownership

 

I write on the understanding you or your firm of bailiffs has seized, or is intending to seize chattels, vehicles, goods, or property belonging to me at the above-mentioned address in respect of an alleged debt belonging to somebody else.

I confirm that I am the lawful owner of the aforesaid and there is no entitlement enabling you to change ownership, possession, location, use and enjoyment of my property by way of a levy or a walking possession agreement.

This document is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility this letter is handed to the relevant person within your organisation.

Any attempt to subvert or rebuke this notice will result in an invalid levy and I will automatically file at court a Form 4 complaint with an application for costs against the certificated bailiff without contacting you further in this matter.

 

Yours Sincerely

 

MUM'S NAME

 

That will do for a start, but the only sure fire legal way to make the bailiff cease and desist, is the Statutory declaration sworn in front of a solicitor or magistrate. If they ignore one of those they can get into big doo doo, It's a bit like someone proving ownership of a car that a bailiff has levied on because it was parked outside a debtors house, they may want to see a V5 even though they should have checked with the DVLA first.

[RaeUK]

Hi badger. Mmm. Well in one way it depends on what your new job is and how well it pays. If you've found gainfull employment as a brain surgeon then you'll pay off your dues in no time. If, however, you're on or near to minimum wage then this is my suggestion...

One letter to Marstons detailing what you have said here, basically you are of no fixed address and have no possessions of leviable value. The address they have for you is your Mothers address containing none of your possessions. Furthermore she is disabled and vulnerable so please don't pop round for tea.

Second letter to the court that issued the fine. Detailing your current circumstances - no fixed abode, low paying job etc - and request a rehearing to assess your means and ability to pay ...

Rae

[Badger7119]

Many thanks guys - I will be seeing her on Saturday - work permitting - so will get the form done then. I cant remember which court it was as was in London somewhere - is there anyway of finding out at all. I did dig out a payment card thing last night which you can pay at post offices etc etc - is it worth me paying some using that off the court fine ???????