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Marston visited for a debt owed by a Limited Company which closed 2 years ago

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  • Marston visited for a debt owed by a Limited Company which closed 2 years ago

    Today I had a visit from Marstons.

    I did not answer the door and was unaware they were bailiffs.

    I had in the letter box a notice of enforcement for a limited company that according to companies house closed 2 years ago. I have lived there 1 year..

    I called Marstons who said they would collect the debt! and I had to prove I was not linked to the company.

    The Creditor London Borough of Hammersmith and Fulham would not take my complaint as I am not a resident and would not answer questions as I am not linked to the limited company.

    No notice of enforcement has been sent..

    Can anyone please help me with how to proceed here. I have a car parked outside and having read about Marstons am worried. Neighbours told me there were 2 people taking the car details.

    I am worried they will take the car and would like to stop future visits.
    Tags: None

  • #2
    It was a Notice of Removal I received in the letter box. It states that they will return to remove goods.

    Comment


    • #3
      Is this for a business or residential address? Did you have anything to do with the Company?

      Can you upload the letter - in PDF format & suitably redacted?

      Comment


      • #4
        Its a residential address. I will try and upload the letter.

        I had nothing to do with the company. I seems the previous people who lived here had a limited company registered here.

        Comment


        • #5
          It looks like a mess.
          You will need to get everything in the form of documents in a row.
          First, go to companies house and download the public information about the company. It may be there are new addresses for the directors or former directors.
          Have certified copies of: your Birth certificate, Passport, copy of the purchase letter from when you bought the house, letter from the council confirming when you became liable for council tax, and one from your previous local authority showing when you ceased to be liable for council tax at your previous address, a copy of the original receipt for the purchase of the car.
          Copy these and send them to Marston along with a sworn statement in front of a commissioner for oaths that you are in no way related to the company.
          Repeat this process with the council
          See if the judgment is online via the companies house website.
          As the debt is from a local authority your council tax bill dates should convince them of the date you moved in.

          Enforcement officers are rather like bed bugs, pernicious, a nuisance, and very hard to eradicate.

          Comment


          • #6
            Personally I think the above to be overkill. You should not need much more than a copy of your Council Tax bill - providing you are named - and some photo ID. You should also contact your local Councillor(s) and ask they contact whoever it is at the Council to halt this as you are quite within your rights to hold the Council vicariously liable for anything untoward that may happen.

            As for the Bailiff then he has obviously not used due diligence ass he must have known prior to visiting the Ltd Co was dissolved. He leaves himself wide open to an EAC2 complaint where he could lose his Certificate to operate. If you really want to wind the Bailiff up then an email to Gareth Hughes - CEO Marstons - usually brings results, he does not like his operatives carrying on in a careless manner.

            Comment


            • #7
              Originally posted by ploddertom View Post
              Personally I think the above to be overkill. You should not need much more than a copy of your Council Tax bill - providing you are named - and some photo ID. You should also contact your local Councillor(s) and ask they contact whoever it is at the Council to halt this as you are quite within your rights to hold the Council vicariously liable for anything untoward that may happen.

              As for the Bailiff then he has obviously not used due diligence ass he must have known prior to visiting the Ltd Co was dissolved. He leaves himself wide open to an EAC2 complaint where he could lose his Certificate to operate. If you really want to wind the Bailiff up then an email to Gareth Hughes - CEO Marstons - usually brings results, he does not like his operatives carrying on in a careless manner.
              Many thanks for your help.

              The issue with the council is that I do not live in that borough and live outside London, which is why they would not take the complaint as I was not a resident or a Company Director.

              One other point can bailiffs visit a residential address during a Lockdown?

              Comment


              • #8
                Yes they may visit but that is as far as they can go as they should carry out a risk assessment first and in any case are barred from Taking Control of any goods. There is no legal right for them to force entry and it would not be a good idea to invite them in. If the Council will not listen to you then make contact with their Chief Executive making sure you tell them you will hold them vicariously liable as this is something that has nothing to do with you. By all means mention their previous reticence to engage with you. Try www.writetothem.com for further details.

                Comment


                • #9
                  I think this needs to be a written complaint to the head of revenue services at the relevant council. Lat out the situation. You may get a result. Ploddertom also has a point about emailing marstons.

                  Comment


                  • #10
                    Attached is the retracted notice as requested. It states previous notices and visits which there were not and no copy of warrant.

                    So they can attend but cant take anything in Lockdown? I am worried about the car as they have delivered this notice but no others so I dont trust they are acting above board.
                    Attached Files

                    Comment


                    • #11
                      That Removal Notice is just a threat as it has no lawful standing. It also proves they have not taken Control of any Goods otherwise they should have listed them. As for your car then yes it is at risk of seizure but given they should be carrying out due diligence they will quickly find out it does not belong to the debtor & considering you have put them on notice you are not the debtor then they should proceed with caution.

                      I would now escalate this and I have sent you a PM with an email address to use.

                      Comment

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