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Hi all.

 

My wife left me nearly 2 years ago. She didn't give DVLA her new address, her car was clocked with no tax, and Marston's tell me they have a warrant for removal.

 

I called Marston's.

They won't take my word for it that she doesn't live here.

Only that if she doesn't pay £615 immediately, they break my door down and take my stuff.

 

I have a chronic mental health problem, and I'm not in a good way.

I need to get the stress off if possible.

 

What do I have to do?

My budget doesn't run to an expensive solicitor.

 

Thanks.

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no they didn't say that and they cant

 

simply tell them to check the CTAX and voters register

then comeback to you.


please don't hit Quote...just type we know what we said earlier..

 

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'... didn't and can't...'? So it's just an intimidation tactic? The muppet said they'd verified her address with DVLA. Doh!

 

I need to get them off my back, for peace of mind.

I'd like my address removed from Marston's radar.

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its very rare.

 

well shows your ex has not updated DVLA then..

that could be a £1000 from DVLA for a start.

just tell marstons to check voters and CTAX register

she has not been there since XXX date


please don't hit Quote...just type we know what we said earlier..

 

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I tried to. Laughing Boy says they're not just going to take my word for it.

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ok well go do a statutory declaration then stuff 'em


please don't hit Quote...just type we know what we said earlier..

 

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As dx says. Just go to the local court with paperwork , file a stat dec, then send the paperwork to marstons. Theyll have no choice then


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Hi all.

 

My wife left me nearly 2 years ago. She didn't give DVLA her new address, her car was clocked with no tax, and Marston's tell me they have a warrant for removal.

 

I called Marston's. They won't take my word for it that she doesn't live here.

 

I have a chronic mental health problem, and I'm not in a good way. Thanks.

 

Please do not take offence with my reply but given the popularity with this forum, my response may not only help you.....but others in a similar situation.

 

Firstly, bailiff companies receive many thousands of items of correspondence each month from parents, ex partners/wife/husband etc stating that the debtor (son/daughter/ex etc) no longer lives at that address. Sadly, many of the returned items of correspondence are not truthful.

 

The enforcement agent should attend the 'warrant address' in order to make enquiries. If he failed to do so, and merely returned the case back to the court on the say so of a parent or ex partner, the court would take a very dim view indeed of the enforcement company.

 

The other problem that you (or anyone else for that matter) would face is regarding the subject of 'previous correspondence'. In this respect, there should have been 3 previous letters addressed to your wife:

There would have been the summons or Single Justice Procedure Notice (SJPN)

The next notice would have been the Notice of Fine & Collection Order

The last notice from the court would have been the Further Steps Notice.

Did you receive these notices? Did you advise your ex of the letters?

 

Coming back now to your personal circumstances. As outlined above, HMCTS would expect the enforcement agent to make a personal visit to the property to ascertain whether your wife is still living there. Are you in receipt of Single Person Discount from the local council for council tax purposes?

 

Have you also given Marston's your wife's current address?

Edited by honeybee13
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You should also write to the DVLA and inform them that that person no longer lives there and and that Bailiffs are showing up for fines she's generated by not changing her address provide an new address that you know she is at for them, show them a copy of a Council tax single person discounts or tenancy agreement or something like this to show evidence that she no longer is lives there. Like above Do a STAT DEC.

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I appreciate your comments regarding complications due to this being my former partner. Many items of mail arrive here addressed to her, and it is always forwarded without opening, so I have no idea what may have been sent for her attention in the past.

 

My local council is aware that we live separately. I am one of their tenants, and subsequent to my wife leaving me, she is too. It should be a trivial matter to verify her address from council records.

 

I am in receipt of single person's Council Tax discount, however since I am off work disabled, I never get to see it. My Council Tax is covered directly, since I get Universal Credit.

 

I have tried to give the enforcement officer her new address, but as I said earlier, he's having none of it. This issue arose yesterday, so any opportunity to contact relevant departments at my council, or Marstons head office, has not yet arisen.

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You can get a copy of your CT statement and award letter from your local council, If you pop in they give you a copy there and then. If your tenancy only has you as a named on it get a copy of that too, if not then inform them she no longer lives there form the date she left. If your on any medications for your mental health this proves your a vulnerable person also. Record all calls form and to Marstons from here on out.

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Your UC statement should show single persons standard allowance of £317 and not the couple rate of £498. Print off a copy of that and other information to send to Marstons.


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Your UC statement should show single persons standard allowance of £317 and not the couple rate of £498. Print off a copy of that and other information to send to Marstons.

 

Good point UB. I wasn't aware of this.

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Many items of mail arrive here addressed to her, and it is always forwarded without opening, so I have no idea what may have been sent for her attention in the past.

 

My local council is aware that we live separately. I am one of their tenants, and subsequent to my wife leaving me, she is too. It should be a trivial matter to verify her address from council records.

 

I am in receipt of single person's Council Tax discount, however since I am off work disabled, I never get to see it. My Council Tax is covered directly, since I get Universal Credit.

 

I have tried to give the enforcement officer her new address, but as I said earlier, he's having none of it. This issue arose yesterday, so any opportunity to contact relevant departments at my council, or Marstons head office, has not yet arisen.

 

It is now important that you send correspondence with proof of single person occupancy to Marston by email. Make sure that in the subject box of your email that you put something like:

VERY URGENT: Correspondence regarding PREVIOUS partner (Mrs xxxxxx. Address: xxxxx).

 

Also ensure that you provide your ex partners new address.

 

PS: I was going to suggest that as your ex partner had not been living at your property, that she could very simply contact her local Magistrates Court to make an appointment for a Section 14 Statutory Declaration. I realise now that as you had been forwarding all correspondence to her, this option would not apply as clearly she had been fully aware of this matter.

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