Enforcement Visit

[Hughie1]

Hi Everyone
I could really do with some advice on what is happening to me and my Wife. We have a Notice of Enforcement from Marston and they say they are going to come and collect goods if we do not get things sorted by 24-05-22. The debt is for £320. It is a genuine reason for this, but they obviously aren't interested. The debt is in my Wife's name but I am disabled and I live in the same home. I rang them this morning and told them they cannot come here because I am disabled and classed as vulnerable, but they were not interested and said that as the debt is in my Wife's name, they can come here. I offered £10 a month, but they completely rejected it. I am terribly worried about this. They said they will come and they will take goods. I know I do not have to allow them in, but I really do not want the excess stress of all of this. I do not have the money to clear the debt outright, and £10 is what I can afford. I sent them proof of my disability, but they were not interested as I am not named as the debtor. I guess what I need to know is if they can actually come here even tough I have proven disability to them? I thought they could not come to a vulnerable household, but they insist otherwise if the actual person owing the money is not disabled they say they can come. Please help. This is extremely worrying.

[R0b]

Hi,

The bailiff/Marston would appear to be right. Firstly, they do not need to talk to you at all since you are not the debtor and I really not sure why you decided to send them evidence of your disability. Unless your wife is incapable of dealing with this herself or is also classed as a vulnerable debtor then your wife needs to deal with the matter as it won't just go away.

Bailiff obligations only apply to vulnerable debtors but the exception is where the debtor is not at the premises at the time of attendance and there is someone under the age of 16 or there is someone who is classed as vulnerable in which case the bailiff should withdraw.

You can read the guidance from the government here (page 8 has a section on vulnerable debtors): Taking Control of Goods: National Standards (publishing.service.gov.uk)

This debt doesn't normally come out of the blue and there are a number of letters from the creditor or court letters before it gets to this stage if the matter relates to a civil claim. It sounds like your wife may have buried her head and there may be reasonable grounds to suspend the enforcement and the debt but that depends on what the debt relates to as you've not given us any information about it.

You are not obliged to let the bailiff in the house but you will need to keep the doors locked as they can enter peacefully. Also if you own a car then they will clamp that first and foremost. Although they are not entitled to clamp a vehicle on finance they will do anyway and then it will be up to your wife to bring a legal claim to get it released if the bailiff refuses which will result in more stress.

Out of curiosity, what is the date on the letter you received?