Marstons- threatening to visit

[mryummy]

Hi Again Guys

 

well another day, another issue that bites from my previous life....

 

I have today received a letter, diverted from my old personal address, from Marston Group Limited. The letter is in reference to a "high court writ" against a company i used to own.

 

I had no knowledge of any court action against this company.

 

The letter was threatnig to gain access to my property (my previous property) to collect goods. The letter is addressed to the company name, but at a personal residential address.

 

The company is currently non trading and hasnt traded since june 2012, and there is an application into companies house to have the company struck off. The creditor who has issued the court action against the company was aware of this 12 months ago and has received a letter stating such.

 

Anyway, I have called Marstons on receipt of the letter to inform them that I dont live there any more and the person who does had nothing to do with the company. I also informed them that that address was a personal residential address and that it never was associated with any business or traded from there. I also explained the status of the company.

 

The lady, awfully rude, then asked me for my new address, which I refused to give. SHe said she would trace me, find me and attempt to remove goods from my new home.

 

I explained that this was unacceptable and that the business had no assets and everything in the house was either mine, my childrens or my new partners. She said they would still send the baliff anyway and attempt to collect and that I had to prove, with receipts, that the goods in the house were not that of the business and would have to provide receipts.

 

Any advice on where I stand with this? I havent seen any court paperwork or dont know who to speak to to stop this harassment.

[fkofilee]

Challenge Marstons To Show You That Paperwork

Do It In Writing.

[mryummy]

But then do i need to give them my new personal address?

[fkofilee]

Well how did the letter get forwarded in the first place?

[mryummy]

It was by re directed royal mail post, they havent got my new personal address

[fkofilee]

Well then send it and let Royal mail redirect it

Play them at their own game ^__^

[wonkeydonkey]

If the writ is made to your former company and you never signed a personal guarantee for the alleged debt, they can only call on your current address if they can show 'reasonable' evidence suggesting the former company has goods at that address.

 

You appear to have provided everything required of you to the them and the creditor so let them have the expense of tracing you then tell them to take a hike.

[time4change2]

that's the problem with these kind of collections they threaten and try to bully or intimidate you into paying them that's what they are good at

[ploddertom]

Even if they do track you down & visit they have to gain peaceful entry and aslong as deny them there is naff all they can do apart from twiddling their what nots in the air.

[mryummy]

Thanks guys, went to a solicitor yesterday and got my free 30 mins consultation.

 

Advice was to let them find me, the creditor in question was sent a letter last July to inform them the company had ceased trading, so as you suggest, I have done everything in the correct manner. The advice given by solicitor was that it would be for Marstons to give good evidence that they believe theat their are assets of the business in my personal property, which there clearly are not.

 

I have advised Marstons of this, who were incredibly rude and aggressive, told them that should they wish to waste theirs or their clients monies trying to pursue this then that was their decision should they wish too, but any visit to my personal property would be met with a call to the police and that I would be happy to attend my local court to inform the judge that no business assets are in my rented house, as the business stopped trading 12 months ago with no assets

[mryummy]

UPDATE

 

I have just heard from companies house that the company is now dissolved!!!

 

So I am going to take the greatest of pleasure in allowing these scumbags and that awful woman trying to trace me and spending and wasting their time and money to do so.

 

I will also, should any correspondence arrive at my doorstep or indeed a bailiff, be reporting any party for a clear harassment of a director by a creditor, which is illegal.