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HMCTS and Marstons

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  • HMCTS and Marstons

    Hello, i was wondering if you could give me some vey much needed advice.
    I broke up with my wife of 20 years in January 19th 2016 and was homeless for a while but i have since moved into a housing association property as the council couldn't help me due to the fact that both my wife and i currently have a mortgage on an ex - x council property that she and my children live in.

    Im currently unemployed and in receipt of contribution based JSA ( i couldn't get Universal Credit as i own a property).
    So about a month ago my x-wife got a knock on the door from a marstons enforcement agent and handed her a final notice and told her that she would be back later with a van and a locksmith to remove goods from her home.

    I currently have 4 speeding fines with different Courts 3 of which i managed to sort out by getting them all transferred to one court so i only had 1 monthly/weekly payment to make and im making payments on them via AOE on my benefits.
    The one i wasnt able to sort out was this one that marstons is now chasing for. However i know about the fine but didnt know they was coming ( judging by what ive read they should of sent me a letter).

    My wife contacted me within the hour of marstons turning up andi rang her and explained that i didnt live there and she cant just take stuff from a property that doesnt belong to me. She went on a bitof a rage and said the notice has been served on the property and she will be returning later that day to remove goods. However she never turned up. So i rang her the day after and pleaded with her not to go to the house and remove my ex-wife's and my childerens belongings.

    Her response was I can see your trying to get it sorted so give me a minute and ill ring my manager and call you back, which she did. She said she would give me 8 weeks to get the £1121 to which i said i would try ( this was all on the phone a mobile)
    I told my wife to do a statuary deceleration stating that none of the belongings in the house belong to me and to state the fact that i do not live there and put my address on it as i want to pay the fine but cant afford the full amount. She did this and had it sign by a solicitor. I then told her to email the court with all my info and the stat dec ( photocopies ofmy tenancy agreement and untility bills in myname at this property ) i also told her to send the same to marstons.

    Neither of which have responded to her emails.

    I rang marstons head office and told them the situation and they said to take it up with the agent as there is nothing they can do.

    I have until the 27th of may to pay it all or the bailiff said she will return to my ex-wifes house and remove goods and will have a locksmith. I have managed to save £300 up until now but thats coming from my benifit , im using food banks to eat and i really dont know what i cn do. Im trying my best to get work but even that isnt going anywhere.

    Could you advise me on any possibilities

    Kindest regards
    Andrew
    Tags: None

  • #2
    Re: HMCTS and Marstons

    Have you advised both Court & Marstons in writing of your new address?

    Comment


    • #3
      Re: HMCTS and Marstons

      not in writing no but i have updated both parties via telephone call which they both updated at that time

      Comment


      • #4
        Re: HMCTS and Marstons

        Originally posted by AndrewP View Post

        I told my wife to do a statuary deceleration stating that none of the belongings in the house belong to me and to state the fact that i do not live there and put my address on it as i want to pay the fine but cant afford the full amount.

        She did this and had it sign by a solicitor. I then told her to email the court with all my info and the stat dec ( photocopies of my tenancy agreement and untility bills in my name at this property ) i also told her to send the same to marstons.

        Neither of which have responded to her emails.

        I rang marstons head office and told them the situation and they said to take it up with the agent as there is nothing they can do.

        Could you advise me on any possibilities

        Kindest regards
        Andrew
        Andrew,

        I really do worry about Statutory Declarations. Given that you and your wife had been married for 20 years, it would seem difficult to believe that all of the goods in your previous property were owned by your ex wife.

        There would have been no need for her to sent the documents to the court as they have already passed the warrant to the enforcement company. All correspondence should be sent only to Marstons'.

        Have you provided your income details to Marston Group?

        Comment


        • #5
          Re: HMCTS and Marstons

          Originally posted by Milo View Post
          Andrew,

          I really do worry about Statutory Declarations. Given that you and your wife had been married for 20 years, it would seem difficult to believe that all of the goods in your previous property were owned by your ex wife.

          There would have been no need for her to sent the documents to the court as they have already passed the warrant to the enforcement company. All correspondence should be sent only to Marstons'.

          Have you provided your income details to Marston Group?

          All of my belongings i have with me in my new place and i have nothing what so ever in my ex-wife's house buti know what your saying , i could just be saying that till im blue in the face.

          After i rang marstons and gave them my address i informed them that i was on JSA i did also inform the court but i have not sent anything to them stating this, just over the phone.

          I want to pay the fine i just cant find that amount of money in one lump sum.

          Marstons have been notified of everything , tenancy , utility bills , Benefits .

          EDIT: the only thing left in the property that we bought together is the white goods .. washer / fridge / cooker and the kids beds which from what ive read cant be taken anyway by the bailiffs

          Comment

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