Marston after ex lodger - help they want to come in house **Warrant Returned**

[Deimos]

Hi all

 

We had a long term lodger in our home, a female, who stayed here for about 3 years

 

We know she was having financial problems, but four weeks ago, she just packed up and left, leaving us in the dark

 

She kept telling us she would be back, but never returned

 

Now we're getting debt collection letters through the door, addressed to her

 

We also found a bunch of opened ones in the room she let

 

One of them was about her car,

which was towed away about 7 months ago,

because she stopped paying tax on it,

 

 

from what we've found out through one of her friends,

she was summoned to court about it, but never showed up

 

This letter was from Marston Group Ltd, on behalf of the courts it seems.

 

So my dad emailed them to explain the lodger no longer lived here, their response was:

 

Dear Mr XXXXX

 

 

Thank you for your email dated the 28th November 14 advising that Ms xxx xxx no longer resides at the above property.

 

We are required to send an Enforcement Agent to verify the information provided, on behalf of our instructing client.

 

Yours sincerely

 

Customer Care Team

Marston Group Ltd

 

 

A little worrying,

can we deny them entry?

Should we?

I don't know what rights we have regarding such people.

[dx100uk]

contact the court directly

 

 

make a statutory declaration that she no longer resides there

 

 

that should stop all bailiff action.

 

 

do NOT entertain the bailiffs.

[dx100uk]

moved to the bailiffs forum

 

 

dx

[brassnecked]

That Statutory Declaration is vital, as only the court can stop Marstons,

they will continue to call so long as they are commanded to do by the warrant they hold for the lodger, until the court calls them off.

 

Be aware that Marstons might insist they can remove your goods for the debt,

but cannot lawfully do any thing of the sort,

only the debtor's goods can be taken.

 

 

they may demand to look into the debtors room Has she anything of value left in the room?

 

 

Have a notarised copy of the Stat Dec to present to or show Marstons if they turn up.

[Deimos]

Thanks both of you

 

No, all her stuff is gone, trying to remember which court it was that she was supposed to go to.

[Deimos]

Yea there's nothing on the letter to say which court, it just says ...A warrant has been issued by Her Majesties Courts & Tribunals Service. Keep a vehicle without a valid licence.

[fkofilee]

Key here is the Stat Dec. Do it on Monday and then it should be okay.

Marstons can be nasty to deal with 80% of the time but they also can be pretty good

[Deimos]

Key here is the Stat Dec. Do it on Monday and then it should be okay.

Marstons can be nasty to deal with 80% of the time but they also can be pretty good

Yea, but I Don't know which court I'm supposed to send it to

Or would sending it to them, be enough?

[fkofilee]

You need to go to the court to do it.

[Deimos]

You need to go to the court to do it.

To submit the form? Or to get one?

Will sending or taking the form to my local court, work? As we don't know which court she was originally summoned to

[fkofilee]

Local Court They dont expect you to to travel to where it was issued.

[Deimos]

Local Court They dont expect you to to travel to where it was issued.

Sure hope not! hehe.

Thanks for the information, so do we need to get the form from them? or just write one, print it and send it to the court?

[fkofilee]

You do it at the court directly. Take any information along with you.

FYI Marston IMO appear to be pushing their luck with this saying they will send an agent still to check...

 

Quicker you do a Stat Dec, less you need to worry.

 

http://www.findlaw.co.uk/law/government/other_law_and_government_topics/500499.html (With permission from the site team)

(If not okay please remove... Fko )

[Deimos]

Thanks very much, I'll get this arranged for Monday.

[fkofilee]

Please keep us posted. Any issues, just holla

[Bailiff Advice]

The problem is that enforcement companies frequently receive letters stating that a debtor has moved

and when checks are made it is later found that the letters are untrue.

 

 

I have personally come across many debtors who have told me that their partners/parents/etc

had written similar letters in the hope that the debt would be returned to the court.

 

Given that the bailiff has a duty to the courts to enforce the warrant

it is very often the case that an enforcement officer will make a visit to check for himself that the debtor no longer lives at the address.

[Deimos]

Given that the bailiff has a duty to the courts to enforce the warrant it is very often the case that an enforcement officer will make a visit to check for himself that the debtor no longer lives at the address.

 

Well my Dad has decided, on advice from an accountant, that he won't go to the court to submit the stat dec and instead, let the bayliff in to check the rooms to verify she isn't living here.

[unclebulgaria67]

Well my Dad has decided, on advice from an accountant, that he won't go to the court to submit the stat dec and instead, let the bayliff in to check the rooms to verify she isn't living here.

 

Bad advice. What does an accountant know about bailiffs ? Once in the house they will attempt to start levying on your household contents, try to get you to phone the ex lodger or for you to pay her fine plus their costs.

 

Just do some further research on this before you accept the advice of an accountant.

[renegadeimp]

You MUST get the stat dec done asap. That is the only way to halt bailiff action. If you let them in, you are in for another world of issues. The accountant was 100% wrong.

[unclebulgaria67]

The problem is that enforcement companies frequently receive letters stating that a debtor has moved and when checks are made it is later found that the letters are untrue. I have personally come across many debtors who have told me that their partners/parents/etc had written similar letters in the hope that the debt would be returned to the court.

 

Given that the bailiff has a duty to the courts to enforce the warrant it is very often the case that an enforcement officer will make a visit to check for himself that the debtor no longer lives at the address.

 

How can they verify this by checking inside a house ?

 

 

Do you honestly believe they will start looking through knicker draws to find out whether a youngish girl lives in the house ?

 

We have seen posts on here where bailiffs have been inside parents houses in this situation and they try to force the parents to make the payment.

[renegadeimp]

Get the stat dec signed, so the bailiff has to refer to the council. Much simpler and easier to deal with then.

[dx100uk]

you need to sink the 'accountant'

 

 

very poor advise!!

 

 

dx

[fkofilee]

Deimos, please DO NOT ignore the advice we have given you!!!

Go and do the Stat Declaration... Otherwise you open up another world of pain.

[josephbloggs]

Well my Dad has decided, on advice from an accountant, that he won't go to the court to submit the stat dec and instead, let the bayliff in to check the rooms to verify she isn't living here.

 

may as well do that. dont waste your money on a stat dec.

if you have nothing to hide its fine is't it.

mate of mine who works for one of the hmcts contracted companies said 60% of his work is addresses where people dont live at anymore.

he said they will probably ask to view a council tax bill or similar so they can say they have seen it and report back to the court.

he also said the only times where he doesnt believe people is when the occupiers get evasive as if they have something to hide.

[renegadeimp]

may as well do that. dont waste your money on a stat dec.

if you have nothing to hide its fine is't it.

mate of mine who works for one of the hmcts contracted companies said 60% of his work is addresses where people dont live at anymore.

he said they will probably ask to view a council tax bill or similar so they can say they have seen it and report back to the court.

he also said the only times where he doesnt believe people is when the occupiers get evasive as if they have something to hide.

 

Please do not give out terrible advice which could land the OP with more trouble.

 

The best course of action is to go to the court, get the stat dec filed which means the bailiffs will be called off. The stat dec is a legal document and has harsh penalties if you lie on it. If you let a bailiff in, theyve heard everything before. Unless you can prove to them conclusively ( the OP wouldnt be able to), then theyll attempt a levy and add on charges.

 

The stat dec forces the baliff and council to return the LO.