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Hi, I need some help please, this is quite involved but I will start at thebeginning.
On Tuesday 20th at 06-50 I awoke to see someone outside on my drive fiddlingwith my car, so I got up and went outside to find it clamped and faced by avery aggressive bailiff from Marston Group in respect of a debt for my son, whodoes not live at our address and for whom I cannot recall seeing any previouscommunication or correspondence in respect of this matter.
He advised that he had a distress warrant and openly acknowledged that althoughI was not the named person (as he knew that the Date of Birth of my son, (he is21 whereas I am 50 !) so, I advised him my son was not and did not live hereand he stated he did not care as the debt £445.00 was registered to thisaddress and therefore he was going take the car placing a sticker on the window.I advised that this was not going to happen, nor would I let him into the houseand that I would call the police as the car belonged to me and I could provideproof of ownership (V5 and purchase receipt in my name).
I went back into the house and copied the two documents went back outsidebut he would not talk to me, advising that he had called the police and wouldget them to sort this out. I also calledthe police but they refused to attend as this was a civil matter.
Nothing occurred for the next 2 and ½ hours butI then had to go out, going outside my car still clamped, I went to talk to himin his car and advised him that I needed to go out. Fortunately we have use oftwo vehicles, he manoeuvred his car to block my exit but when I reversed he didactually move his car. I returned homelater in the day to find that the clamp had been removed from my car and a Finalnotice letter addressed to my son placed through the letterbox.
I was clearly concerned so I wrote to Marston group and sent a letter byrecorded delivery that evening advising that my son did not live at this address and that no goods or possesions belonging to him were at this address..
Yesterday morning Saturday 06-55 I am woken by the doorbell ringing, hardknocking on the door and a female shouting through the letterbox that it is thepolice, I (foolishly) opened the door and was immediately pushed passed by whatI thought was a police officer (due to her comments and dress), only to seebehind her the male bailiff from the previous visit. I immediately slammed thedoor preventing him entering and then blocked the passage of the female inorder to prevent her from entering any further into my house other than theentrance hall. I advised her that shewas trespassing and had fraudulently misrepresented herself and that I wascalling the police, to advise them of a break in which I did, she stated thatshe did not care and that I had ‘Invited her in and she was an enforcementoffice from Marston Group here to collect a debt on behalf of my son and shehad a distress warrant.
She refused to talk with me until the police arrived, but rang her colleagueon the doorstep to advise of her situation which was perfectly safe as we hadboth accepted that the police would sort this matter out, two patrol cars, bluelights flashing, with four officers arrive and one asks me to move away andcome and talk to him in the kitchen, I detail what had occurred, he then goesand speaks with her and returns to say this is a civil matter and apparently according to her ‘I pulled her intothe house’ therefore she had obtained peaceful entry therefore she could goabout her business and enforce the distress warrant.
Based on the above, my wife and I were faced with no choice other than topay the £445.00, which we did by debit card, advising and witnessed by thepolice that we were paying under duress and that for which we accepted no responsibilityfor the debt.
So, to summarise my position, at no time has my son been present, thebailiff forced entry into my property.
I should point out that I am unemployed and on Jobseekers allowance,therefore I really cannot afford to pay this money and need advice as to whataction I can take in order to recover this money.
On Tuesday 20th at 06-50 I awoke to see someone outside on my drive fiddlingwith my car, so I got up and went outside to find it clamped and faced by avery aggressive bailiff from Marston Group in respect of a debt for my son, whodoes not live at our address and for whom I cannot recall seeing any previouscommunication or correspondence in respect of this matter.
He advised that he had a distress warrant and openly acknowledged that althoughI was not the named person (as he knew that the Date of Birth of my son, (he is21 whereas I am 50 !) so, I advised him my son was not and did not live hereand he stated he did not care as the debt £445.00 was registered to thisaddress and therefore he was going take the car placing a sticker on the window.I advised that this was not going to happen, nor would I let him into the houseand that I would call the police as the car belonged to me and I could provideproof of ownership (V5 and purchase receipt in my name).
I went back into the house and copied the two documents went back outsidebut he would not talk to me, advising that he had called the police and wouldget them to sort this out. I also calledthe police but they refused to attend as this was a civil matter.
Nothing occurred for the next 2 and ½ hours butI then had to go out, going outside my car still clamped, I went to talk to himin his car and advised him that I needed to go out. Fortunately we have use oftwo vehicles, he manoeuvred his car to block my exit but when I reversed he didactually move his car. I returned homelater in the day to find that the clamp had been removed from my car and a Finalnotice letter addressed to my son placed through the letterbox.
I was clearly concerned so I wrote to Marston group and sent a letter byrecorded delivery that evening advising that my son did not live at this address and that no goods or possesions belonging to him were at this address..
Yesterday morning Saturday 06-55 I am woken by the doorbell ringing, hardknocking on the door and a female shouting through the letterbox that it is thepolice, I (foolishly) opened the door and was immediately pushed passed by whatI thought was a police officer (due to her comments and dress), only to seebehind her the male bailiff from the previous visit. I immediately slammed thedoor preventing him entering and then blocked the passage of the female inorder to prevent her from entering any further into my house other than theentrance hall. I advised her that shewas trespassing and had fraudulently misrepresented herself and that I wascalling the police, to advise them of a break in which I did, she stated thatshe did not care and that I had ‘Invited her in and she was an enforcementoffice from Marston Group here to collect a debt on behalf of my son and shehad a distress warrant.
She refused to talk with me until the police arrived, but rang her colleagueon the doorstep to advise of her situation which was perfectly safe as we hadboth accepted that the police would sort this matter out, two patrol cars, bluelights flashing, with four officers arrive and one asks me to move away andcome and talk to him in the kitchen, I detail what had occurred, he then goesand speaks with her and returns to say this is a civil matter and apparently according to her ‘I pulled her intothe house’ therefore she had obtained peaceful entry therefore she could goabout her business and enforce the distress warrant.
Based on the above, my wife and I were faced with no choice other than topay the £445.00, which we did by debit card, advising and witnessed by thepolice that we were paying under duress and that for which we accepted no responsibilityfor the debt.
So, to summarise my position, at no time has my son been present, thebailiff forced entry into my property.
I should point out that I am unemployed and on Jobseekers allowance,therefore I really cannot afford to pay this money and need advice as to whataction I can take in order to recover this money.
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