Im so confused and dont know where i stand

[confused2010]

First off hello to everyone,

Last year i got a £600 fine for speeding and failing to give my driver details (i got caught on a fixed speeding camera driving my ex`s car and we splitup shortly after and as a reveng attack to me she failed to tell me i got caught on camera and let it go to court )

Now im homeless and on jobseekers allowance and use my mothers home address as a contact address (i.e mail) now my mother is in turkey for the next 3 months recovering from having a mild stroke and ive been given a key to check on her home and to check mail, Yesterday i see a note from a company called "Marstons" baliffs stating that i have now got to pay £875 within 24 hours or they are going to visit my mothers address (address thats on the warrent) break in using a locksmith and take all items inside the property to pay my debt.

First thing i did was phone the company "Marstons" (VERY rude people !!) and they then put me through to the enforcement officer in charge who basicly said "you have 24 hours to come up with the money or your mums adress WILL be broken into and items taken"

I then phoned the magistrates court to come up with a solution and they tell me its out of there hands now and to deal with "Marstons" only.....now after shedloads of phone calls to the courts,warrant office,citizens advice and the police i still dont know whats going to happen as i get told one thing from one person then another from another

My questions are :

1) Can a baliff break into my mothers home (as my contact adress is hers) ?
2) Can a baliff take items thats not mine ? and how do i prove the items are not mine ? its not like my mother has recipts for every item in her home !
3) I cannot afford to pay £875 and the baliffs are refusing to accept a payment plan so what happens ? fees and charges just go up and up and up ?
4) What can i do ?!?!?!

Im just scared that i will visit my mothers home in the next few days to find the place has been broken into and my mothers items missing

Thanks for reading this essay and thanks for any help given.

[Amy]

Re: Im so confused and dont know where i stand

My questions are :

1) Can a baliff break into my mothers home (as my contact adress is hers) ?
2) Can a baliff take items thats not mine ? and how do i prove the items are not mine ? its not like my mother has recipts for every item in her home !
3) I cannot afford to pay £875 and the baliffs are refusing to accept a payment plan so what happens ? fees and charges just go up and up and up ?
4) What can i do ?!?!?!

Im just scared that i will visit my mothers home in the next few days to find the place has been broken into and my mothers items missing

Thanks for reading this essay and thanks for any help given.

1. No they cannot, but you will have to tell them it is not your house.
2. No they cannot. All you have to do is prove the house belongs to someone other than you and, therefore, nothing in it belongs to you.
3. You will need to do something here and for a start I would send the SAR and have a read here if you have not already done so.

Bailiff Guide - Legal Beagles Consumer Forum

[confused2010]

Re: Im so confused and dont know where i stand

Just spoken to marstons stating that i have proof that my mothers property has nothing to do with me but only used as a mail address to be told that makes no difference and they can still break in.

They say that if i dont produce recipts for everything in that property then they can take it ?

[Amy]

Re: Im so confused and dont know where i stand

Well they would say that wouldn't they.

Send them this and put it in the window.

Dear Sir/Madam

TAKE NOTICE

That any visit to the above property post (add date of this letter) by yourselves, your agents, or those otherwise acting on your behalf or upon your instructions, stating either verbally or in writing an intention, unlawfully or by force, or guile (and other than by express invitation) to enter these premises and remove property, will result in the arrest of the agent/person concerned for attempted burglary. Steal shall mean any removal or attempted removal, or intention to remove, any property in which you have no lawful Title or Property therein.

I reserve the right to produce a copy of this Notice to the Court in future proceedings.

Yours faithfully

[Guest]

Re: Im so confused and dont know where i stand

Send them the above but also call them again, ask for the full name and position of the person you are speaking to and then have them confirm that they are lawfully entitled to enter a property, by force, that is not yours and that they know is not yours, to remove goods that you have stated do not belong to you (and why would they, it's not your house?) and inform them that you are recording the call and you reserve the right to tender it as evidence of their illegal conduct in relation to the collection of this debt.

[confused2010]

Re: Im so confused and dont know where i stand

Ok the SAR you stated in previous message dont relate to me as i have not given a penny to them, And if i print that "Take Notice" letter you just posted and sign it will stop them entering my mothers house ?

Im really sorry but apart from having a brain feeling like scrambled egg due to loads of phone calls today im also blond....sigh

[Guest]

Re: Im so confused and dont know where i stand

The SAR does apply, since it will force Marstons to justify their fees, how each charges has been calculated and why.

This will not go away, but I am confident we can get it reduced and in the immediate term, stop them from entering somebody else's house for a debt that you may or may not owe.

[confused2010]

Re: Im so confused and dont know where i stand

The original fine was sent from the magistates cout of £600 and marstons fee is £275

[Amy]

Re: Im so confused and dont know where i stand

What is the £275 made up of? The SAR will give you this information or more likely then it will be in writing that they have made it up.

[confused2010]

Re: Im so confused and dont know where i stand

It dont say ? ive uploaded the only letter i have received here : - http://img19.imageshack.us/img19/2632/marston.jpg

[Amy]

Re: Im so confused and dont know where i stand

Well no, it won't do. That is why you have to write to them and ask them.

[WendyB]

Re: Im so confused and dont know where i stand

Of course it doesn't say. They hope you will just pay up following their scare tactics. They have to reply to your SAR and when they do they will not be able to justify the charges. Do as suggested, send the SAR. Put the notie in the window and send it to them too. Amy and Cet know what they are talking about, please do as advised. Finally, take a deep breath, calm down and stop panicking. I know it seems hard but this can be sorted.

[tarbel]

Re: Im so confused and dont know where i stand

i got caught on camera 2 years ago and ignored letters ....one day the doorbell rang and i looked out and saw a polis....i never answered...have heard nothing since