please help Marstons

[PIKMIN]

Hi any help would be much appreciated
My husband got a letter through a few weeks ago from marstons saying we owed 515, this was first we heard and phoned instantly they said it was court fine and had to go to court to find out what it was about.
my husband went down to courts to do a statory declaration that we know nothing about it(this can only be done thursday mornings before 9:30 here) the court then found out what it was about when we went in, so far only got to reception, it turns out that a motor bike that we put in a skip in 2006 had been taken out and someone has registered it in 2009 we had no idea as all correspondence was to an old address that the bike was registered at.
when we finally got all information it was too late to do staturory declaration that day. my husband was waiting for his next time off which is this thursday to get to court to try again. court told us to inform Marstons of what was going on in mean to time to hold them off.
This morning i got back from school run to find a letter through the door as a bailiff had turned up to take goods for a fine we do not owe.
I phoned the person on the letter to say about the statory declaration was getting sorted out and she was very rude and told me she didnt care she was coming back for the money today, so i frankly told her it will be wasted journey as i will not allow them in as we do not owe the debt. she then told me she will bring a lock smith and come in that way and will be here before thursday.
i told them that we rang to explain about the statory declaration like the court told us to but they said they dont care and untill they here from a court they are coming.
now i am heavily pregnant been crying must of day and stress has put a lot of strain on me and baby how do i stop these people from coming to my home and taking my possesions
now this is in my husbands name can they take my car which is in my name.
and how do we go about getting our stuff back after thursday as in my eyes they have no right to take as we do not owe anything.
i was even temped to say i would pay debt for now and they will have to return the money to me after it gets sorted but i feel i wont get my money back
i really hope this makes sense
i really need help

[Amy]

Re: please help Marstons

Print the following document and send it to Marstons, via fax if possible and with a hard copy in the post, via Recorded Delivery. You should also keep a copy with you and hand it to anyone who calls at any time.

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

Apart from the above, since you are pregnant you fall into the vulnerable persons category as specified in the NATIONAL STANDARDS FOR ENFORCEMENT AGENTS MAY 2002

Those who might be potentially vulnerable include:
the elderly;
people with a disability;
the seriously ill;
the recently bereaved;
single parent families;
pregnant women;
unemployed people; and,
those who have obvious difficulty in understanding, speaking or reading English

Log each and every contact you have with Marston in as much detail as you can, but most of all try to keep everything in writing.

[PIKMIN]

Re: please help Marstons

thank you Amy for your reply i will send that off in the post today but i still fear that the bailiff will turn up today especiallt as i am due a visit from the gestational diabetes nursed to show me how to deal with it, and have no idea what either look like. so scared i open door to wrong person.
the good thing is they will be asking for my husband who works away from home so he won't be here. but i am still concerned about my car as i have no where else to park it as i live on top of a cliff of only 4 houses and cannot be walking up and down in my condition to do school runs.
i hope your letter keeps them away as my 10 year old also saw letter and is now worried that someone is going to break into our home neither of us got hardly any sleep last night luckily my other 3 young children slept very well being unaware of anything.
i feel like i am being harrased and do not see how it got like this how can someone steal something off you then years later try to register it under their own name and we are the ones with fines it makes no sense we sent off the v5 to say it was scrapped in 2006 but i cannot find the letter back from dvla now as it was so long ago i have looked everywhere i have scrapped another 2 vehicles since then too and am worried it could happen again as i can only find 1 letter.
i have medical problems galore with this pregnancy and really do not need the stress but i doubt a bailiff would care about this, i am trying to be strong for my family and feel i have a bit off fight in me after reading here.

[Amy]

Re: please help Marstons

The debt is not yours, therefore, they cannot take anything belonging to you.

Let us know what happens, if anything.

[Dougal16T]

Re: please help Marstons

Good morning all

Excellent advice again Amy. I too had some problems with Marstons, it's a long story (which you'll be pleased to hear I am not going to go into!), and as a result I had the warrant withdrawn by the Court.

The trouble with Marstons (like others) is they seem to think they are above the Law, it is true they have a right to collect debts which have been properly and legally incurred, BUT they do need a very strong reminder that they are regulated in their action by the Law.

I wrote to them on 4 separate occasions, each time by recorded delivery (for each I got proof of receipt by Marstons from PO website), yet they still did not respond.

This is against the guidelines which they must adhere to, so I have prepared a formal complaint. The more people that do this the better in my view.

It really is such a 'bad' topic that more time on TV, radio, newspapers and our forum need to be dedicated to putting an end to these activities which are carried out by these 'thugs' without thought or adherence to the Law. People are living in fear of these creatures and this has to stop!

As always

Best wishes to all (except Marstons et al...)

Dougal

[PIKMIN]

Re: please help Marstons

thank you both i have emailed Marstons the letter as my printer has decided not to work i have emial confirmation and a ref number to show they have recieved it.

my husband has quit work early this week to help sort it out quicker he is going to see if he can go to a neighbouring town's court to do a stat dec tomorrow just to be safe.

i am assuming as soon as we have that in hand i can keep a copy here to cover ourselves incase the wrecthed bailiff comes back.

i cannot believe how much stress this has put me under my blood sugar levels have gone sky high which is not good for me or my baby.

i am wondering what happens when the stat dec shows we did not owe fine in first place are marston's likely to try and recover the costs of someone coming out when they shouldn't have done as we informed them instantly what was going on.

i really have appreciated your help so far which has made me feel stronger and help slowly bring my blood sugars back under control.

thank you so much i will keep updated on how things are going as i feel i have not heard the last from the bailiff.

[msnperry]

Re: please help Marstons

Stay well Pikmin. Just concentrate on you and the baby. I have nothing but praise for the people who, tirelessly, work on this forum to help us all. Just follow their advice and you'll be fine. OH and let us know whn baby is born! xxx

[Dougal16T]

Re: please help Marstons

Stay well Pikmin. Just concentrate on you and the baby. I have nothing but praise for the people who, tirelessly, work on this forum to help us all. Just follow their advice and you'll be fine. OH and let us know whn baby is born! xxx

Morning again,

The same goes for me.. all the best.

Dougal

PS : If you want more help with these ****bags let us know!!

[PIKMIN]

Re: please help Marstons

Thank you very much i now have a copy of the statutory declaration in my hand so it will be going back to court to prove his innocence on the matter.

Now i feel a lot more confident as i know that they will want payment but have no right to take either of our property now we have the statutory declaration.

Will laugh in their faces if they try and come again thank you again will let you know how it goes if they try and come.

[mr black]

Re: please help Marstons

hi pikmin just reading your post i like to wish you all the best and it pays to fight for your rights in the long run. good luck from mr black.

[tiggiedapuss]

Re: please help Marstons

complain to the credit services assoication has there are rules AND REGULATIONS marston MUST follow one of them is taking care to deal with people who have physcial disability go to the webstie and read the rules and regulations that MARSTON MUST FOLLOW , has with me i'm sure you'll find that marston have totally ignored quite a few of them