Dealing with Marstons when debt not mine

[ScattyNat]

Hi, this is my first post here so please bear with me - looking for some advice!

 

I moved into my rented property in August,

my boyfriend stays periodically,

 

got busted by the police for driving with no MOT,

he's a bit bury your head in the sand kind of thing,

letters came through the door from the Court, final steps notice etc, still didn't deal with it though.

 

A month ago, Marstons came knocking, well, I say knocking - they just left the letter through the door, a removal notice

- I phoned the fella straight away to say that he didn't live at my address,

but I wanted to try and help sort things out,

 

he was discussing all about the case with me and what could be done,

said he would give it til 21st to sort something out because the Court shuts over Christmas but might possibly be able to give longer.

 

I sent them a letter the same day the bailiff called proving that the house is in my name,

providing tenancy agreement and council tax bills,

 

got an email back off them saying they've passed correspondence to the bailiff

but I am fully expecting that he is just going to turn up tomorrow anyway

- how can I stop them from attending?

 

The fine is clearly nothing to do with me so surely they have no right to come?

 

an someone please help, I have had to send my daughter to my mums because I am frightened that they will come in

and try to take all of my and my daughter's things!

[smouk]

If I understand it correctly your BF obviously gave your address to the police and it's gone through the process as his address. You can show that that was not correct - you might need to do a Statutory Declaration for that to have weight - but your BF then has a potentially bigger problem of giving a false address.

 

How much was the original penalty? How much is the bailiff demanding?

[unclebulgaria67]

If they have proof from you that he is not living there, then they should not visit.

 

You could go down to your nearest court and swear a statutory declaration that all property at x address is solely yours, if this is the case.

 

Or if you know your boyfriends correct permanent address, let the bailiff know this.

 

Sometimes it is better if a bailiff catches up with the person owing the money and they have to deal with it.

 

It is not fair for an innocent third party to become involved.

 

your boyfriend continues to ignore, the ultimate sanction although unlikely is being committed to prison.

[ScattyNat]

Hi, thanks for replying,

 

I should clarify, I got the house, he moved in but not on an official basis

- I pay full rent (not on any Housing Benefit or anything), he wasn't working properly at the time and was getting hassle from his mum and dad, but everything in the house is mine,

 

the TVs, furniture, the only thing he has there is clothes, the house and everything is in my name,

I pay all of the bills, etc.

 

I am not liable for this debt though and that's what I am trying to make them see.

[ScattyNat]

But the bailiff was fully discussing the case with me - surely he's not allowed to do that?

[seanamarts]

But the bailiff was fully discussing the case with me - surely he's not allowed to do that?

 

No he shouldnt be discussing any thing with you. Officially or unofficially, is your boyfriend living with you? If so then the bailiff has every right to visit your address. If not then you need to make it very clear that he does not reside with you.

 

You can write a state dec to state that ALL items in the property belong to you, bailiffs cannot take items belonging to a child.

 

Its your boyfriend that really needs to be sorting this out, not you.

[ScattyNat]

Thanks for replying - yes he does, but that doesn't alter the fact that everything in the property belongs to me, he didn't have a thing except for clothes, what can I do, we have no joint financial links or anything like that, so surely I cannot be made to pay for a debt that is not mine?

[wonkeydonkey]

If the tenancy agreement and utility bills are in your name only then I suggest you make the Stat Dec to the contents in and around the property being owned solely by you and send copies to the Court of the tenancy and utility bills as supporting evidence?

 

Furthermore, I would suggest you boyfriend makes contact with the bailiff/court and seek to make payments by installments or in full if that is an option available to him.

 

WD

[ScattyNat]

Thanks for replying - I've panicked a bit and sent them another email yesterday saying I don't know where he is and I don't want any attendance at my property, but am thinking that wasn't such a smart thing to do, he's had a lot of stress this year, his mum is very poorly, he was out of work for a long time and things are getting back on an even keel and then this! Is it worth him going to the magistrates court and asking for an urgent means hearing? We live with my daughter who is 8 and I am pregnant, the stress is driving me insane

[wonkeydonkey]

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS MAY 2002

 

Those who might be potentially vulnerable include:

• the elderly;
  
• people with a disability;
  
• the seriously ill;
  
• the recently bereaved;
  
• single parent families;
  
• pregnant women;
  
• unemployed people; and,
  
• those who have obvious difficulty in understanding, speaking or reading English
  

There are two ways to look at this for your boyfriend....firstly he can show he is willing to pay and as you say attempt to get a means tested hearing to show that. Secondly ..if the court won't play ball by helping to get a hearing, he can sit it out until such time he is ordered to appear back before the court and give an explanation for the non payment, at which point he can of course tell them he has been refused cooperation to get the debt onto an affordable payment plan and this has allowed the bailiff to inflate the debt with added charges?

Edited December 20, 2012 by wonkeydonkey

[ScattyNat]

Hi Wonkey Donkey, thanks for this - how does it help me though? I am grateful for any assistance I get x

[wonkeydonkey]

When you send/take your stat dec to the court you must also advise them in writing ( if possible provide evidence ) to your being pregnant they should then withdraw from visiting your home.I would suggest that your boyfriend provides a contact address to the bailiff/court other than your own.

[ScattyNat]

Thanks very much - can he just go to the Court and advise them of the above or do I need to go with him? Can he sit there and wait until they agree to speak to him?

[seanamarts]

I would suggest calling the court and explain first. They may make an appointment or advise what you can do next, but this would need to be done by your boyfriend.

[wonkeydonkey]

Good idea to phone first as seanamart suggests....I think you are going to have to look at this through twin specs...firstly you need to sort your end of the problem to getting the bailiff out of your life eg: stat dec and notice to your vulnerability...your boyfriend has to deal with his end of the problem to getting the court to accept payments. Treat this as two separate actions to be followed.

 

WD

[ScattyNat]

I'll get him to phone or go to the Court. In the meantime, if they attend tomorrow what do I do?

[Sparks_]

Just dont open the door to them! they cannot break in or get a locksmith without court permission, if you have a car move it a good distance from your home or lock it in a garage. Remove anything of value from the garden if the balliffs can access it, keep doors and windows shut and locked!

[sgtbush]

the thing to do is for you to make sure the bailiffs are aware of your pregnacy, vunrability normaly is only accepted in the last trimester, unless there are other complications, inform the courts of all available infomation

 

regarding your BF

he gave the address he is living at, i think he feels he lives their and you dont take the same stance on this,

their will be a warrant of distress issued for him, and he does reside at your address so the bailiffs unless instructed by the courts will come knocking

 

it is best fo him to either get in contact with the courts so they can be made aware of any personal circumstances that affect him, or the bailiffs

 

the warrant has 180 days life from date of issue, and if you have letters and a visit it will prob be about 40 days into that life span

 

if the warrant gets returned to court as un-enforced then the courts can issue a warrant of commital for him.

 

a CEO and/or the police will come knocking for him. they have to, they are court ordered to.

 

best for him to make contact with the court and you to make contact seperatley to tell them your pregnant

 

hope you get it sorted

[sgtbush]

Just dont open the door to them! they cannot break in or get a locksmith without court permission, if you have a car move it a good distance from your home or lock it in a garage. Remove anything of value from the garden if the balliffs can access it, keep doors and windows shut and locked!

 

 

just a little ajustment to your answer

and i dont want to frighten the OP

 

copied from bailiffadviceonline i think this site is owned by tomtubby or tommytubby who posts on here.

sorry if i have that wrong, would the owner please stand up and take credit for the info please

 

Can the bailiff force entry into my home?

If the bailiff is pursuing you for an unpaid fine of a criminal nature…then the answer unfortunately is... yes. However, this is more of a threat and during the past year it would appear that bailiffs forced entry into a property to enforce a Distress Warrant on less that 10 occasions.

The right for bailiffs acting on behalf of the Magistrates Court the power to “enter and search any premises” for the purpose of executing a Warrant of Distress was granted under Paragraph 3 of Schedule 4A of the Magistrates Courts Act 2004. This provision was also then inserted into the Domestic Violence, Crime and Victims Act 2004.

The right to force entry however only applies to the collection of unpaid fines which are criminal matters.

It is important to note that these rules do not apply to the collection of unpaid council tax, business rates, unpaid parking and congestion charge notices, CSA arrears etc. The rules only apply to unpaid fines administered in the Magistrates Court.

[TB Law]

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS MAY 2002

 

Good advice but the Department has updated them with the January 2012 edition. http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf

[ScattyNat]

Hi, thanks for all the answers today. I work in a solicitors and got a signed / sworn Stat Dec drawn up, sent a letter to the Fines Office and to Marstons by recorded delivery with a letter confirming I believed I fell into the vulnerable circumstances category. I have asked for this to be returned to the Court as I believe there are extenuating circumstances. I will be however banging said bf's head with something solid in due course!! x

[old bill]

If your boyfriend has knowingly and deliberately given your address to the police, in the knowledge it is not his usual place of residence, he may well be guilty of an offence of Attempting to Pervert the Course of Justice. I have to agree with those who advocate your boyfriend contact the court directly and sort things out with them.

[brassnecked]

You would be best doing as oldbill and others have advised, get your BF to contact them and say he is non resident, marstons don't care who they get the money off, so being the thugs they are may well continue to call and pressure you hoping you will pay them under duress as your address is on the warrant

[old bill]

If Marston Group have been told your boyfriend is non-resident at the address on the warrant, they are under an obligation to return the warrant to the court and have it amended accordingly. If his address is not known, then the warrant must be returned to the court and a Bench Warrant issued to the police to bring him before the court. Marston Group cannot take it upon themselves to do anything their contract with HMCTS and the law does not allow them to do. As BN quite rightly says, they are lawless, unregulated thugs who consider the law is an inconvenience and there to be ignored and/or broken. The sooner you and your boyfriend contact the court and get things sorted out, the sooner Marston Group can be told to back off.