HELP - Marstons

[gaznoddy]

I've had a letter off Marstons. My son has an unpaid parking fine which I knew nothing about. My son doesn't live at my address and hasn't for 18 months. I haven't seen him for months. I told Marstons this, and faxed them a utility bill proving this is my home. They sent another letter saying an Enforcement agent will call because the debtor has the same surname as me. We're worried sick. Do we have to speake to this person. Do I have to let them into my home? Whats best to do?

[Amy]

Re: HELP

Right so, if they have a warrant in the name of 'Jones' or 'Smith' they are within their rights to contact and ask for money from anyone with the same name?

I don't think so.

[gaznoddy]

Re: HELP

Letter doesn't say they're coming to collect anything. I think they want us to prove my son doesn't live here. All the same I don't want them in my house. Do I have to let them in? I'm reading things saying talk to them through the letter box.

PS

Nice legs by the way!

[Amy]

Re: HELP

Who gave him the fine?

In the meantime, have a read here for further information Bailiff Guide - Legal Beagles Consumer Forum

[gaznoddy]

Re: HELP

I think it was Lancashire County Council. It was an unpaid parking fine. I opened the letters but couldn't pass them on. No way I was going to pay it

[Amy]

Re: HELP

Then as per the bailiff guide, bailiffs cannot force entry to your home. This is not your debt and you do not have to speak with them. So stop worrying.

[gaznoddy]

Re: HELP

The letter says, "In cases where the debtor has the same family name, we are required to send an Enforcement agent to verify the information given, on behalf of our instructing client"

Do I just ignore them? How many times will the turn up?

[Amy]

Re: HELP - Marstons

Yes, you ignore them. They have no right to visit you despite their claims.

Send them this.

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

cc. ************** Council

[gaznoddy]

Re: HELP - Marstons

Thanks Amy. I'll e.mail them that tomorrow. Although in their first letter they said once an agent has been appointed no correspondence will be answered. We'll see what happens. I'll let you know.

Thanks again

[Amy]

Re: HELP - Marstons

They are trying to intimidate you into paying. Don't let them. They don't care who pays, so long as someone does.

[gaznoddy]

Re: HELP - Marstons

I found the original letter off Marstons. It is a "warrant of execution" from Northampton county court on behalf of Lancashire County Council.

Does that make any difference?

[Amy]

Re: HELP - Marstons

Not a jot.

[gaznoddy]

Re: HELP - Marstons

Amy, I've had a notice pushed through the letter box today. They are claiming £374.16. It says" if not paid in full, immediately, a further call will be made without notice, to effect removal for sale at public auction. Such action will render you liable to further substantial costs" They also say " despite previous visits". I' haven't had a visit from anyone. I've had no other notices through the door????

I'm going to ring the number left by this fella to find out when he was supposed to have called. I sent the letter you gave me to their head office, but they called anyway.

What do I do if they come again?

[gaznoddy]

Re: HELP - Marstons

Just read the Bailiff guide, and it says that for such things as parking fines they can break into my home, even if they haven't gained entry previously. This debt is my sons. He got the parking ticket and didn't pay the fine. He dosen't live with us anymore, and I can't get hold of him.

Can they break into my house and take my things??

[TUTTSI]

Re: HELP - Marstons

Which Bailiff guide are you reading from?

Just read the Bailiff guide, and it says that for such things as parking fines they can break into my home, even if they haven't gained entry previously. This debt is my sons. He got the parking ticket and didn't pay the fine. He dosen't live with us anymore, and I can't get hold of him.

Can they break into my house and take my things??