Marston - left foot in door , previous tenants debt, proved not here - they are back again - help

[koolkat66]

Last week I had visit from Marston bailiffs, for something related to a previous tenant, who lived here more than 3 years ago but still uses this address fraudulently .

 

The bailiff was quite intimidating and hostile, I did not open the door at first,

then foolishly did to show him a letter from the Council address to me and my passport.

 

 

He refused both documents as proofs and tried to get in, first 'to check that I was living alone',

then when I refused he jammed his foot in the door.

I stopped him getting in by ringing 999, who did not want to attend but stayed on the phone with me until I found the Tenancy Agreement.

 

He stayed by the door outside with the foot in and left after checking the tenancy (for about 3 minutes and VERY hostile).

 

Day after I tried to report it to the police but they refused to get a statement (it's a civil matter'..),

 

 

I called Marston to ask them if they needed anything else, just to make sure this was cleared (and yes I do know now I should not have)

and they told me that to clarify the matter I needed to call the same officer and gave me the number.

i called him (recorded the phone call) and he said that matter was closed.

 

 

Fast forward 4 days later another letter arrive for the same debtor,

I opened it and its Marston with an enforcement notice.

So I called them again and was told to send proof of tenancy in, which I did.

 

For two days now there had been a car parked with someone inside for hours, (black windows) facing my entrance, landing and windows,

and a neighbour told me that Friday someone was taking photos of my car, all around and inside as well as taking picture of my landing and window.

 

Now, I know that theoretically they cannot take things from me including my car,

I am the registered keeper and the owner (I don' t have a receipt for the sale, old second hand years ago)

but I read situations in which they take anyway and then is up to the victim to clarify things or in same cases pay anyway just to get them off.

 

It looks like they do not believe me, perhaps they saw my partner leaving the flat (who does not live here) or maybe they just need to seize anything, I don't know.

 

I am pretty worried and I am considering parking away from my home, even if I am paying for the space here.

How do I deal with these morons?

 

 

Is it true that he can claim I let him in peacefully because he used the foot technique and now has the right to enter the flat?

 

Thank you

Edited May 10, 2015 by honeybee13
Paras.

[honeybee13]

Hello and welcome to CAG. I've put some paragraphs into your post to make it easier for the advisers to read. They should be along later.

 

My best, HB

[fkofilee]

Wow, This is quite bad.

 

This is a new low for these wonderful people.

The site team will be along shortly, however, I would get a Stat Declaration done at the courts and send it to the Marston firm.

[filrobbo]

Next time they or he comes video it on your phone or do not open the door to them , they can't enter unless you invite them in or have previously entered

[brassnecked]

Next time they or he comes video it on your phone or do not open the door to them , they can't enter unless you invite them in or have previously entered

OP is not the debtor, and has provided proof of tenancy, Marstons will persist until the court calle them off, so a Stat Dec that all goods in and on the property are theirs and nothing to do with the named debtor, al with a tenancy agreement to be sent to Marstons as well s whichever court sent them. If they do call again 999 and insist the police attend, as Marstons are enforcing wrongly against a third party.

 

Other Caggers will be along with better advice soon

[unclebulgaria67]

You could make a complaint to police abiout the harassment, as you have provided mars tons the info that they asked you for and they are continuing to act in a way that you find threatening. You have right to live in peace and once you have proved the debtor does not live at the house they should leave you alone. Make sure you speak to a police officer and not the civilian admin staff who man the phones.

[brassnecked]

Do as BF suggests, ASAP

[BankFodder]

Was he videoing all of this?

[brassnecked]

Was he videoing all of this?

 

Might be worth asking Marstons if there is any bodycam footage, if it hasn't accidentally beed corrupted or lost when EA realised they had messed up and debtor long gone.

[koolkat66]

Next time they or he comes video it on your phone or do not open the door to them , they can't enter unless you invite them in or have previously entered

 

Would the foot in the door count as having previously entered?

[koolkat66]

Was he videoing all of this?

 

I don't know, didn't see anything. I did not, I was not prepared for it.

I just emailed you.

 

My car is parked away for tonight. Regarding statutory declaration. do I have to do one for every item I possess??

 

I have to add that I don't know which court they are acting on behalf of, they did not say and the letter only says Her Majesty's Court and Tribunals

[unclebulgaria67]

Would the foot in the door count as having previously entered?

 

They mean with your permission. They are not allowed to otherwise. The foot in the door was wrong. As they cannot do that under the new rules. If it were a criminal fine they were chasing they would have to seek permission from magistrates.

 

Do as bank fodder suggests. He has contacts at mars tons and may be able to put a stop to this.

[brassnecked]

Would the foot in the door count as having previously entered?

 

No, in any case as you have provided proof that debtor doesn't live there, you might try showing proof to the court that sent Marstons, indicating if they don't call the dogs off it's Formal complaint time, and your MP will be involved also.

 

One Stat dec covers all. As in for example

 

I hereby declare all goods in and on XXX are, are my property absolutely, nothing within or on the premises is the property of the named debtor who vacated the premises in 2012.

 

Once sent to court and Marstons, keep a notarised copy ready to show the police who you will call when the Marstons muppet calls again and comes over all medieval on you trying to make you pay the debt, when the court feck up and fail to call them off. be prepared to escalate to MOJ and your MP if the court are recalcitrant in calling the dogs off

[koolkat66]

No, in any case as you have provided proof that debtor doesn't live there, you might try showing proof to the court that sent Marstons, indicating if they don't call the dogs off it's Formal complaint time, and your MP will be involved also.

 

I don't know which court sent Marston. It doesn't say in the letter and he did not tell me. It says Client: Her Majesty's Court and Tribunal Services

[brassnecked]

No, in any case as you have provided proof that debtor doesn't live there, you might try showing proof to the court that sent Marstons, indicating if they don't call the dogs off it's Formal complaint time, and your MP will be involved also.

 

I don't know which court sent Marston. It doesn't say in the letter and he did not tell me. It says Client: Her Majesty's Court and Tribunal Services

Did he give you any paperwork? If so send the reference numbers to Bankfodder who can make some enquiries

[BankFodder]

You would normally have been warned in advance that the event was being video'd. The EA would be wearing a body worn video camera on their chest.

[koolkat66]

No video

[unclebulgaria67]

No video

 

If the debtor is still using your address for any official purpose, you need to open any letters received in their name and to write back to the organisation concerned informing them. If you don't do this you could have years of hassle. It is not illegal to open mail in another persons name, provided you don't use it for any illegal purpose.

 

In regard to mars tons if you give bank fodder the info he may be able get them off your back, but if this does not work you will have to make a complaint to the court concerned.

[brassnecked]

I concur with UB, however make sure you have a door chain, keep it ion anf there is nothing to stop you filming the Marstons EA yourself to capture any threatss, he cannot stop you doing it, whatever he may claim, you can film who you like on your property.

[koolkat66]

I have now received acknowledgement of receipt of complaint for Marston, hopefully that should calm things down for now. I'll do a Statutory Declaration tomorrow just in case.

Many many thanks!

[caledfwlch]

They mean with your permission. They are not allowed to otherwise. The foot in the door was wrong. As they cannot do that under the new rules. If it were a criminal fine they were chasing they would have to seek permission from magistrates.

 

Do as bank fodder suggests. He has contacts at mars tons and may be able to put a stop to this.

 

It also classed as unlawful/forced entry under the old rules.

 

The part of your post I have bolded is wrong - it seems that the Warrant an EA is using to collect a Criminal Fine allows them to force entry without going back to the Magistrate.

 

Marston's also seem to have a contract allowing their "Certified Arrest Officers" to turn up and arrest people.

[filrobbo]

Only with your consent , don't forget they are e private company,you can refuse.

[ericsbrother]

foot in door can be considered forcible entry so no, you dont have to let them in again.

[unclebulgaria67]

foot in door can be considered forcible entry so no, you dont have to let them in again.

 

If an EA did put there foot in the door or even entered the hallway when the door was opened, what could you do about this, other than ask them to remove themselves from the house ? Being that you would commit a criminal offence (under new rules) if you used reasonable force to remove the EA, you cannot do that any more.

 

There have been posts to forums, saying that Police have arrested people for preventing an EA from doing their job. What exactly is meant by the new laws relating to obstructing an EA in excercising a court warrant ?

[GrumpyToSayTheLeast]

It all depends on if the warrant was criminal or civil. If criminal, then foot in the door is fine, as is getting a locksmith to open said door.

A foot in the door is usually done when the door is wide open, and then the debtor or occupant tries to close the door trapping said foot. We don't go out to get broken ankles so its very rare we actually get a foot stuck in the door.

 

If civil, then a foot in the door is a big no no. However, if we have legitimately stepped over the threshold and you force is out, then its a criminal offence ranging from obstruction, to assault. An order will then be sought from the county court authorising a forced entry due to being forcibly denied on the prior occasion.