Marstons levy'd goods.

[springwater]

Hi,

I have an outstanding debt which I'm currently paying £50 a week for.

I've just checked my marstons paperwork and noticed the bailiff has levy'd my goods, 'all goods on premises' have been levy'd apparently!

I didn't agree to this at all, I invited him in (mistake I know), whilst I was on phone to his office setting up monthly payment, he gave me a folded piece of paper and said 'sign that, it's just regarding payent agreement', I signed it, when I came off phone, he handed me it and made a sharp exit, I've since realised what he's done.

Firstly, is this allowed? If not, what can I do about it?

Secondly, the furniture he has levy'd (all goods on premises) is half my wife's, and debt isn't hers, again, surely not right?

[bluebottle]

Re: Marstons levy'd goods.

Hi Springwater,

From what you've said, it sounds very much that the levy is invalid. Putting "All Goods on Premises" is not allowed. A levy must specify goods that the law allows to be levied. Wait for other LB members who have more experience of this sort of thing to comment before taking matters further. For your information, Marstons aren't exactly known for compliance with the law.

[pepsie]

Re: Marstons levy'd goods.

Hi,

I have an outstanding debt which I'm currently paying £50 a week for.

I've just checked my marstons paperwork and noticed the bailiff has levy'd my goods, 'all goods on premises' have been levy'd apparently!

I didn't agree to this at all, I invited him in (mistake I know), whilst I was on phone to his office setting up monthly payment, he gave me a folded piece of paper and said 'sign that, it's just regarding payent agreement', I signed it, when I came off phone, he handed me it and made a sharp exit, I've since realised what he's done.

Firstly, is this allowed? If not, what can I do about it?

Secondly, the furniture he has levy'd (all goods on premises) is half my wife's, and debt isn't hers, again, surely not right?

The bailiff cannot do an 'all in one levy' each item levied upon has to be listed and given full description...otherwise he won't know what to remove if he ever chose to remove the 'goods seized '... so his levy is about as good as a chocolate teapot.

If the debt is being paid at £50 a week and his figures to the balance don't match yours then I reckon you will also need to ask a few questions to his fees?

Pepsie

[bluebottle]

Re: Marstons levy'd goods.

I'd report this bailiff. Ring Marstons and ask which court issued the bailiff's certificate. If they ask why you want to know that just say, "I am not obliged to state my reason." Then download a Form 4 from the Ministry of Justice website at Justice.gov.uk

[ploddertom]

Re: Marstons levy'd goods.

Can you tell us what the debt is for?

[springwater]

Re: Marstons levy'd goods.

thanks everyone.

the debt is an old ltd company debt that i gave a personal guarantee on.
------------------------------- merged -------------------------------
can i go to court and have the levy'd goods order overturned? what im worried about is, if i missed a weeks payment and they knocked on the door, or forced entry, what would i do then?

[CleverClogs]

Re: Marstons levy'd goods.

can i go to court and have the levy'd goods order overturned?

Yes.

what im worried about is, if i missed a weeks payment and they ... forced entry, what would i do then?

You would report them to the police for house-breaking or aggravated trespass and/or theft, as they do not have a valid WPA.

[bluebottle]

Re: Marstons levy'd goods.

Yes.


You would report them to the police for house-breaking or aggravated trespass and/or theft, as they do not have a valid WPA.

Criminal Damage to any door or window they force (Section 1, Criminal Damage Act 1971) and Burglary (Sections 9(1)(a) & 9(1)(b), Theft Act 1968). The Criminal Damage charge carries a maximum penalty of 10 years' imprisonment and the Burglary charges carry a maximum penalty of 10-14 years' imprisonment. Something worth mentioning to the bailiff company if they don't want their bailiff arrested or their company closed down.

[pepsie]

Re: Marstons levy'd goods.

thanks everyone.

the debt is an old ltd company debt that i gave a personal guarantee on.
------------------------------- merged -------------------------------
can i go to court and have the levy'd goods order overturned? what im worried about is, if i missed a weeks payment and they knocked on the door, or forced entry, what would i do then?

You have the right, if you cannot afford the payments as they stand at the moment, to go back to the Court for a variation order to the amount the bailiff is demanding.

As to his levy.... I would be inclined to simply ignore it for he will look rather foolish, if the time ever arises, to make his claim to goods he cannot identify, will he not?

Then of course, unless you had gold ingots on display at the time of his "all in one levy" the goods themselves will probably not cover (required by law) the costs and associated fees to, removal, storage, auction and a proportion of the debt, and that does not even take into consideration those goods that will be seen to be exempt from levy anyway.

Pepsie

[springwater]

Re: Marstons levy'd goods.

brilliant! thanks for this!

2 further questions:

1. the answer to 'can i go to court to get it removed' was yes, how do i do this? what do i need to ask for at the court?
2. sadly, i have another company who have levy'd goods (i wasnt in, my wife was but he has noted the sofa, tv etc etc), i am paying them £120 (again, a personal guarantee on a ltd co debt) per week, which is bloody difficult! can i go to court to get this reduced even though they have levy'd goods? what happens to their lecvy if the goods theyve listed are my wife's, and how do i prove this? if i was to go bankrupt, would the levy be void?

(thats way more than 2 questions! sorry!)

[ploddertom]

Re: Marstons levy'd goods.

I assume the first debt that you have - with Marstons - was the result of an original CCJ that has now been transferred through the High Court for enforcement. Did you know about the original CCJ? Can you list the goods seized exactly as described on the Notice of Seizure?

With your second debt can you do similar? Think we need more background.

[springwater]

Re: Marstons levy'd goods.

hi there.

yes i knew about original ccj, and you are correct, thats how it has ended up in enforcement. (same for both cases).

on the first notice of seizure it says: all goods on premises.

on the second (the one im paying £120 a week on) it says:

1 x sharp tv
1 x table and 4 leather chairs
1 x lg tv
1 x red leather swivel chair
1 x red leather corner suite
1 x sky hd box
1 x lamp
2 x 2 seater sofa's


my issue is, this is my wifes furniture too, does this matter?

[labman]

Re: Marstons levy'd goods.

Yes, but the burden of proof is on you to to show it is your wifes. This is easily done through a Statutory Declaration. It is only necessary if you think there is a serious risk of them actually removing your goods. If your are paying, they are unlikely to do this.

[springwater]

Re: Marstons levy'd goods.

hmm, tell me more on the stautory decleration?

I am self employed, so whilst im currently paying, i dont know what work is around the corner, if there isnt any, i'll struggle to pay, meaning they'll come and remove.

does a stat dec mean going to court and stating they are my wife's goods?

could i also get the court to reduce my weekly payment amount of £120?

[labman]

Re: Marstons levy'd goods.

No - you can do one at any High Street solicitors. They cost about £10.00 I believe. It amounts to swearing an oath in court that the goods belong to your wife.

I don't know whether you need to make an appointment or not. I've read that you do and that you don't.

It will be similar to this:

SWORN AFFADAVIT

*_STATUTORY DECLARATION _*


*To: Whom it may concern. *

*I:* Mrs. Jacqueline Wilson

*Of*: 68 Dormer Avenue, Tamworth, Staffs B77 3LX

*Do solemnly and sincerely declare that*:
I live at the above property with my husband, Mr John Smith and my daughter; Miss Claire Smith.
The purpose of this Statutory Declaration is to confirm that all of the items listed on the attached Schedule (One) are all owned by me and were acquired from my own funds.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835. The

Signature:


Declared at: