Help with Marstons coming to my door for sisters fine

[Dizaster]

Hi, wondering if you could help. My sister has an unpaid fine and doesn’t live with me, she lives at the YMCA.

 

She is a drug addict and almost homeless so debts are the last thing on her mind. Anyway, just half an hour ago I had this really worked up intense Marstons bailif at my door, I told him she doesn’t live here.

 

I said she stayed here at Christmas and apparently that’s enough for them. I know they can’t remove any goods that are not my sisters, she doesn’t have anything here and everything I have here I have receipts for. I’d like to know their legal powers when it comes to something like this. Can they break into my house?

 

And how do I prove she doesn’t live here? I don’t have any official documents that list the residents here.

 

I have a 4 bed house and each bedroom is occupied by one of my siblings, but the one that the debt is for has never lived with us just stayed briefly over Christmas, I guess she gave our address to someone without permission?

 

Any help would be appreciated since the guy said he will be back, I have had my own debt problems in the past and this is my nightmare scenario even though I became debt free finally for the first time since I turned 18 in December last year & now this!  

[unclebulgaria67]

Depends on what they are collecting. Can only force entry for court fines, if they believe any goods belonging to your Sister can be retrieved to cover the court fine.

 

If your Sister has a support worker at the YMCA, best way forward is to let them know about this visit and the support worker can advise Marstons that your Sister is vulnerable, staying with them, so must not be contacted about this debt issue.

[Dizaster]

Thank you, I didn’t think of that.

I gave them a call since I can’t get a hold of my sister. They told me to call back in a bit when the support workers are there.

 

The bailiff said he will be back today 10-12.

Is there anything I can do if he does turn up again?

Shall I let him in or let him break in?

 

He doesn’t seem very nice and I was very polite and decent with him so I doubt he will listen, I told him she doesn’t live with me and she lives at the YMCA. He said it doesn’t matter.

 

If my sister can’t or won’t pay, which is extremely likely with the amount it is (£450 I think) We can’t afford to help her as already borrowing to get by and having my own problems with money.

 

Can they still take stuff? Almost all of the valuables in the house were bought in December so I have a lot of receipts for things and nothing is in her name at all if that helps. 

[unclebulgaria67]

Provide Marstons office with all of the information you know and the YMCA office they can contact.

 

If they do visit, do not open the door, keep locked. Ask them to post through the letterbox details of the Court writ they are dealing with and to show their ID.  Have a look at the information.  Are they collecting a criminal fine ?  Advise through the closed door that your Sister is vulnerable and being housed by YMCA. And advise that your Sister has not been resident at the address and there are no goods owned by your Sister at the address.

 

If you let them in, as it relates to criminal fine, if they do seize goods not belonging to your Sister, advise them they are seizing goods owned by a third party and they will apply to have the goods returned to them.

[Dizaster]

I’m 100% sure it’s a criminal fine, it’s on one of the letters they sent here for her, which is forwarded to her and she obviously lied when she said she sorted it out. 
 

are you saying I should let them in? Could they seize stuff even if I show them proof she doesn’t own anything? Sorry for all the questions, It’s pretty alarming to learn these people can just come in my home and take what they want 

[The GodMother]

He is saying dont let them in talk through a closed door also take pictures if you can of anything he puts threw the letter box. Eg his id. 

[dx100uk]

go do a statutory declaration at your local court.. give them a ring and ask.

 

the Bailiff will have to return to court to get a permission to force entry..and they are very rarely granted.

 

 

[dx100uk]

go do a statutory declaration at your local court.. give them a ring and ask.

 

the Bailiff will have to return to court to get a permission to force entry..and they are very rarely granted.

 

see here:

 

Can a sworn affidavit stop bailiffs removing goods from my home? - Bailiffs - Help with Dealing with Bailiffs and Enforcement Agents including HCEO - Consumer Action Group

 

 

[The GodMother]

Just a thought but you can easily prove she does not live there. I would assume the people that live at your address have post in there name of some sorts eg voting cards or postal voting paperwork, bank statements and maybe even mobile phone bills. All your sisters post should be going to the YMCA.

 

From what l remember, l use to live in the YWCA and hang with the YMCA lot tho this was over 20 yrs ago, they would receive it at the main desk and leave a note up to say who got post and it would be logged in several places including the service users file. 

 

As l say this is over 20 years ago so it may have changed a bit

[Homer67]

Get the  Stat Dec done, don't open the door to him no matter how shouty and bangy he gets, call the Police if you feel intimidated, do you have a copy of your Council Tax to hand?

 

That should be enought to prove to Marston's bully boy and Plod (if they tunr up).

[Dizaster]

Yes I have a copy, it has my brothers name on the council tax, tv license & water bill and my name is on the tenancy & gas and electric bill. She has a tenancy agreement for her YMCA place so hopefully that should prove she doesn’t live here.

 

Are they likely to come back today?

I want to go out but I feel like I can’t, have been watching the CCTV all day to see if he comes back 

[Homer67]

If they sniff the possibility of getting a payment they will return, never ever let them in and do not open a door, make sure all external entrances are locked and psek to them through the locked door or an open upstairs window.

[unclebulgaria67]

If they call again, you could advise that you feel that they are acting unprofessionally and will call the Police if necessary. But all through a closed locked door.

 

Tell them they can check with X YMCA office that your Sister is resident at the YWCA, but they are vulnerable.

 

Better that the Court is provided with the correct address for her, so any Court paperwork is sent to the YWCA and the support workers at the YWCA can help her. 

[dx100uk]

you need to go get that SD done, courts close 4pm.

 

[Bailiff Advice]

I do apologise for not visiting the forum sooner to provide advice. 

At the present time (COVID 19 etc), bailiff enforcing court fines are NOT allowed to enter properties. This is a short term measure and will likely be re-considered in the coming months. Therefore, there should be no need for anyone to consider getting a Statutory Declaration to prove ownership of goods etc. 

 

Until that time, bailiffs may still seize goods outside. Clearly, a motor vehicle belonging to the debtor would be the preferred target.