Marstons sneakily take +£2k off mum for sons debt whenhe does not live with her

[mumoftwolovelyboys]

I am writing this to try and seek some advice for my friend as she has asked for my help

and since you guys have been such a massive help to me in the past

- you are my first port of call for advice.

 

Today she received a call while she was at work

- she works 200 miles from her home address and her husband was also at work.

 

the call was from a bailiff stating that they were outside her property for a repayment of an unpaid debt (starting at £250) - in her sons name.

 

She has not spoken with her son for 3 years and he hasn't lived with her for the same, in fact, he lives some 400 miles away.

 

The bailiff said that they were at her front door with a police officer and a locksmith and they had a distress warrant to gain entry to her property

to remove goods to the value of over £2000.

 

The only way she could stop this from happening is to pay the debt in full over the phone.

She was so worried about people going into her house and taking her things that she just gave them her debit card details for them to take the payment

(bad move I know but she must have been very threatened to have done that).

 

I have since advised her to call police to confirm if they have log at her address

- she called police who confirm police have NOT attended her address.

 

She is now left feeling like she has been conned and lied to by this bailiff who has scared her into making a rather large payment for fear of them entering her house.

 

I am totally out of my depth with this.

 

What can she do in relation to this?

 

Her bank, NatWest cant stop the payment as she gave my card details over the phone

but she feels like she has been mislead in the way in which she has been forced to make the payment.

 

Is there any way of firstly getting her money back?

 

and secondly,

 

stopping all the mail for her son coming to her address (she keeps returning mail - 'no longer at this address' but it makes no difference')

and stop these companies using her address?

 

Any advice or help would be much appreciated.

 

Many thanks in advance

[matt v atos]

She gave your card details to pay a debt that was not hers. ?

[ims21]

Thread moved to the bailiff forum

[marmaris30]

This bailiff has behaved outrageously in anybody's book. This payment is essentially theft because (a) it relates to a matter that is nothing to do with her and (b) was forced out her under duress, or with menaces if you like.

 

The bailiff should be reported to the local court and you should consider reporting it to the police.

 

Getting the money back might require her to make a claim in the County Court (she could use Money Claim Online),

if they won't cooperate any other way, and if the bank won't accept it as a chargeback under the circumstances.

 

However, the first thing to do is to write (NOT phone) to the bailiff company

and demand immediate repayment, stating that money was taken under duress.

 

As your friend is no doubt now aware, the circumstances in which bailiffs can force entry to a residential property are extremely limited,

and almost always require entry to have been made peacefully beforehand.

 

If it isn't already an offence to claim police attendance falsely, then it should be.

[mumoftwolovelyboys]

She gave your card details to pay a debt that was not hers. ?

 

Hi, no sorry her bank card details not mine, I was typing as she was speaking!

[brassnecked]

What bailiff firm was this and what was the debt for? the problem is that unless the call was recorded, the bailiff will swear blind that the payment was voluntary, and as we all know

 

 

BAILIFFS LIE

 

A complaint to police might be an option but in all likelihood they will say it is civil, although as mother is not the debtor, who is non resident it amounts to fraud by misrepresentation. and demanding money with menaces sadly the police will probably do diddly squat.

 

Other Caggers should be able to advise further

[dx100uk]

you need to get the bank to refund it under chargeback

 

it was made under duress.

 

whats the debt all about

 

you URGENTLY need to right the court involved

 

and tell them what has happen

[assuming this was a magistrates fine [ as they mentioned police & locksmiths]

 

rather than a CTAX debt whereby they cannot do that.

 

what the name of the bailiffs?

 

dx

[brassnecked]

Was it Marstons or Collectica? both have form for going in hard against a third party due to faulty traces. Contact the court concerned and complain to the court manager about the bailiffs forcing a non debtor to pay another persons debt.

 

Also do as DX suggests regarding chargeback.

[mumoftwolovelyboys]

Yes it was marstons !!!!!

 

This debt is her sons and she does not know where it originates.

 

Her son got involved with the wrong kind of people and for this reason she made the tough decision to tell him to leave

because she didn't want any trouble coming to her house.

 

now he lives at the other end of the country,

they don't speak and she has very little information re his debts (probably told her lies in past about it too)

 

today I have asked her to email me as much info as she can remember from that nasty call

and from past conversations with her son so I can get a letter done for the court,

 

the bailiff company and I told her to spk with bank re charge back.

 

She went into branch,

 

Natwest told her because she willingly gave the card number inc security code on back,

they would not consider charge back even if it was under duress!!

 

So will do a letter for their disputes department too.

 

Thank all of you guys so much for your help x

[dx100uk]

you must demand that chargeback.

 

you can do it on the phone 24/7

 

dx

[lamma]

"Natwest told her because she willingly gave the card number inc security code on back,

they would not consider charge back even if it was under duress!"

And she let them get away with that contradictory fallacious nonsense ?

[brassnecked]

She should ask Natwest what other forms of robbery with menaces they support also. Perhaps involve the local MP and appraise them of the underhand and often unlawful practices of HMCS appointed enforcement compaiies

[HCEOs]

Moderators, whoever changed the title of this thread has made it misleading as the OP only mentions +£2k worth of goods would need to be taken. To me that suggests the Bailiff takes £2k worth of goods which at auction will fetch £3-400. Just thought I'd mention it.

 

Things we need to know are:-

 

How much was taken on the card?

 

What paperwork was left at the property?

 

What does the paperwork say the debt was for?

[brassnecked]

Might be worth doing a Stat Dec at the court as to the non residence, as the payment was under duress and nothing to do with the payee, regarding a police and locksmith at the door ready to force entry at the first visit, surely HMCS would have to refund, and give Marstons a verbal as well thoughts?

[tomtubby]

Moderators, whoever changed the title of this thread has made it misleading as the OP only mentions +£2k worth of goods would need to be taken. To me that suggests the Bailiff takes £2k worth of goods which at auction will fetch £3-400. Just thought I'd mention it.

 

Things we need to know are:-

 

How much was taken on the card?

 

What paperwork was left at the property?

 

What does the paperwork say the debt was for?

 

 

Your above answer reminds me of an enquiry that I received on Tuesday from the sister of a debtor who was wanting to make a Formal Complaint to the court about a bailiff from Collectica. The "facts" of the matter were that the debtor had an unpaid court fine for £320 that had risen to £620 with fees. I was told that the debtor is out of work and "vulnerable" as he has a serious leg injury.

 

The basis of the complaint being that the bailiff was threatening to force entry with a locksmith ( which is of course permitted for criminal fines) and refusing to accept a "sensible" payment proposal of an immediate payment of £200 followed by 3 monthly payments of £140 each.

 

Armed with the authority from the debtor I spoke with Collectica only to discover that there was a fair about of 'background' that the debtor failed to tell his sister !!!

 

Firstly, the fine was not for £320 it had started as £375 and the debtor had defaulted on TWO previous payment arrangements and so far had only paid £55 off the debt. On the matter of being out of work....yes...this was NOW true given that he is a self employed TV aerial installer and he had an accident over the Christmas period and now cannot drive. When the two previous payment arrangement were in place he was working.

 

Lastly, the debtor failed to tell his sister that he had posted FIVE laminated Removal of Implied Right of Access Notices on his gate, front door and window ( and he wondered why the bailiff company were not willing to accept a third repayment proposal!!)

 

With enquiries from a third party it is always best to wait for all information to be obtained.