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Marston have visited with a final notice for my ex-partner, who no longer lives with me, for unpaid court fines£698,

 

said they would return with police as there is also an arrest warrant.

 

My ex tried to arrange a payment plan back in May and Marston said no.

 

He was unemployed, obviously could not pay in full.

 

He started working a couple of weeks back, but does not have the money to pay this all in one go.

 

What can he do?

 

Mine is his last known address,

so I am worried as to whether they can take my possessions?

 

My main concern is for advise for my ex.

Edited by suzannekai

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Dont believe everything the bailiffs comes out with if it is not your debt they can NOT take your goods at all

there will be no breaking in with the police either

 

This is down to the x to sort out really as wont go away


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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if he no longer resides at your address

 

then the bailiff can do NOTHING.

 

simply state

 

he is no longer at this address and for the bailiff to remove the details

 

and return it to the court.

 

if that get no joy

 

time for you to do a statutory declaration to the cout involved [think thats correct]

 

 

as for his payment issues

 

he really needs to contact the court and get a re-determination on the move

due to being out of work.


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you need to be careful here

 

if their is an warrant of distress or in this case a warrant of commital then the bailiff can break in under the magistrates court act to do a diligent search for the offender and any assets or chattles

police will attend in these cases, not to aid the bailiff, but to ensure there is no breech of the peace.

with a court warrant, the breech would not be seen to come from the bailiff

he is under court order to do it

 

regarding your ex

is it ex partner or ex spouse? their is a difference

are you seperated or divorced or never been married etc,

Reason being if you are married and only seperated then he does have a financhal interest in your belongings and visa versa

you need to do a financhal seperation document with your divorce lawyer but this will be dated and noted as after the warrant was issued so it could be seen as to hide assets and the courts wount go for this, do a stat dec as well

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you need to be careful here

 

if their is an warrant of distress or in this case a warrant of commital then the bailiff can break in under the magistrates court act to do a diligent search for the offender and any assets or chattles

police will attend in these cases, not to aid the bailiff, but to ensure there is no breech of the peace.

with a court warrant, the breech would not be seen to come from the bailiff

he is under court order to do it

 

regarding your ex

is it ex partner or ex spouse? their is a difference

are you seperated or divorced or never been married etc,

Reason being if you are married and only seperated then he does have a financhal interest in your belongings and visa versa

you need to do a financhal seperation document with your divorce lawyer but this will be dated and noted as after the warrant was issued so it could be seen as to hide assets and the courts wount go for this, do a stat dec as well

 

If the fine defaulter has moved address and the resident at the defaulter's last known address has informed the numpty, sorry, bailiff of this and the bailiff ignores this and forces entry regardless without written authorisation from the court, the bailiff potentially commits an offence. When bailiffs have been challenged to produce the warrant they claim to have, they either refuse to or are unable to produce it. If it is an arrest warrant or committal warrant, the bailiff must have this in their possession at the time and must show or hand a copy to the person who is to be arrested or committed. Same for a search warrant.

 

There has already been a case involving a Marston bailiff and a cagger who ended up seriously injured.

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It is always a good idea to have a "paper trail". Therefore, you should email Marston Group to advise them that the letter has been received but that your boyfriend no longer lives at the property and that all goods within the home are owned by you etc.

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