Marstons - unpaid PCN's

[Mk29]

I am having serious problems with Marstons myself. I have a warrant of execution from the county court that was delivered to me by one of them its a long story and i have already paid over £300 which i had to borrow yesterday i now believe that I shouldnt have paid this as it was too much. I am going to fight this second bailiff thats appeared but i need to know if he can enter my house with a lock smith. Both him and the office which I phoned both stated to me that bailiff can enter my house even if im not in with a lock smith. Im pretty sure they were lying but I need to be certain as its no good going on lock down if he can just break in. Any advice please??

[ploddertom]

I've moved you to a thread of your own as you will be better off than tagging on to an existing thread.

[ploddertom]

Did you know about the original CCJ? How much was it for? have they gained access to your home or otherwise made a levy on goods outside - most notably a car?

[wonkeydonkey]

Is the debt value £660 and a civil claim.... if not then you have been fooled by the Marston letterhead and you have been visited by a bailiff not a HCEO . You will have to expand your post a little to get the advice you seek but if you refuse to speak with the bailiff(there is no law to say you must deal directly with them), refuse him peaceable access to your property and ensure there is nothing external on which he can make a levy...most notably a car, which you would need to park several streets away until such time you get control of the situation....then depending on what the debt is for a bailiff can be rendered hapless and useless.If this is for a criminal offence (namely a fine) then the situation could well change?

 

WD

[Mk29]

right the debt is for unpaid parking tickets the original debt on the warrant of execution that came through the door is for£ 82.00. The bailiff has addedd over £200 on to this making it £323 I have another debt with another one of these bailiffs which i have paid £313. I do have an old car on the drive which I sold last week to some one who hasnt picked it up yet as it doesnt work too well. Having said that I am in the process of moving it to somewhere else as the dvla have not changed the details on the system yet. These debts are parking tickets so yes its a fine but not a criminal one so does that make a difference? Neither of the two bailiffs have ever been in my house or had any direct contact with me. Only over the phone and letters through the door when I have been out. His words on the phone to me when asked were ' even if you are not at the property I can gain entry with a lock smith'. Have been to citizens advice today who left him a message saying that I would be working with their debt people and that they would contact marston on my behalf to make an offer on tuesday. I also have an appointment at a solicitors in the morning so hopefully they will be able to help me put a stop to this. Im almost 100%sure that they are acting unlawfully and I really hope that im right because I have so little for them to take it would be completely devastating to me if I loose the few bits of furniture I have. I have tried to tell him that I have nothing worth any money but he wont listen. This is truly stressful stuff and if im honest Im not coping great with it. I have 2 small children to look after by myself. I dont understand how these people can be so unreasonable

[tomtubby]

My advice would be that it is not right to TALK with a bailiff as there is NO PROOF of what was said. It you must contact a bailiff then send him a text message. In that way there is at least some evidence as to what was said.

 

These debts are simply unpaid parking tickets. There is a right of "peaceful entry" into your home and that is it.

 

If anyone allows a bailiff into their home then frankly, they need their head testing !!! This is a CIVIL debt.

 

The letters from bailiff companies are almost all the same and are designed to give the debtor the IMPRESSION that the bailiff will gain entry etc. This is NOT CORRECT. If you read the letter slowly you will note that the letters will say that "we can remove goods from your premises in your absence" . MOST people read this and believe that while they are at work or walking around Tesco's that the bailiff can force him way into the home "in their absence" and empty their home. WRONG

 

What the letter means is that if the bailiff comes to your home when you are out and sees a motorbike, vehicle, expensive garden equipment etc then these items can be removed from your PREMISES.....IN YOUR ABSENCE !!!

 

In your case, the car is really old and as long as you REFUSE the allow the bailiff into your home the bailiff will return the warrant back to the local authority.

 

You may care to note that on average, with unpaid parking tickets bailiffs are able to get payment is just 20% of cases. Put another way......approx 80% of all warrants are uncollectable and are RETURNED back to the council.

[wonkeydonkey]

Excellent post from TT and all I can add is to tell you this is not being pursued by Marston's acting as HCEO's it is coming from the bailiff enterprise.

 

IMHO that letter heading needs to be looked at by Trading Standards as it appears to have been designed to mislead people into thinking they are dealing with HCEO's and not a mere bailiff.

 

WD

[Mk29]

thanks for all the advice I am currently awaiting his arrival all though there is a letter which was faxed to Marston this morning from my solicitor stuck to my door just in case he didnt get a copy already (which they have although they have not told us they have seen it yet) I am disputing the fees as I think they are unlawful so got a legal team involved this morning. If that doesnt stop him the obviously he will not be entering my house. Will up dated later