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Visit from Marstons coming back tomorrow please, please help

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  • Visit from Marstons coming back tomorrow please, please help

    Hello I have been reading through the horror stories here but haven't seen anything directly relating to my situation so if anybody can advise me further then it would be extremely welcome.

    My incapacity benefit stopped - which i have appealed - back in September 2012. Received a further steps notice from HMCT Southend in October saying my £5 per week payment to them had stopped, fines for motoring offences as far back as 2004. I wrote to them saying I am still in receipt of Carer's Allowance of £55 a week - being a full time carer to a disabled woman and a disabled child - so could they continue to collect the money from that.

    Heard nothing back from them, then this morning I get a visit from an enforcement officer from Marston's saying i owe £1,152, and if i dont pay then they will effect removal of goods in including my car. I asked to see the warrant, but he didnt have it, just a list of the offences etc that made no sense, and said i owed this money from 2004 with a further offence in 2007.

    I expalined my situation with the benefits problem above, and also that the house is rented by the disabled woman from the council and everything in it bar my clothes is hers. He said i would have to show receipts for everything. He asked if the car was mine, which it is to the point that i will be the registered owner of it even though the disabled woman bought the car just before xmas.

    It was left that he would return Wednesday, but i said i would call him on the number he gave before once Ive contacted HMCT today to see why they had jumped to this course of action.

    This has caused tremendous stress already to the lady i care for. I called the court in Southend asking why they hadnt replied to my letter, and the guy said they couldnt take money from Carer;s Allowance anyway, and when I said i have a copy of the letter i sent he actually said that ' i could go away now and type it up, it wouldnt mean anything'. His advise was to call Marstons and sort it with them, I replied that I had been checking online and they seem an awful bunch to be dealing with. He stated that they could force entry on Wednesday with a locksmith, i tried saying that from what i'd read on these threads they don't have the warrant to do so he belittled these 'internet forums' as being useless. I managed to get the fines managers address out of him and will forward the letter i wrote to them, but he stated its up to Marston's if they return the warrant or not.

    Im loathe to call these people as i know what im in for, and more bs and stress is the bottom of the list working 24/7 as a live-in carer for my two patients, so im hoping someone here can point me in the right direction.

    One thing I wasnt sure of also was the HMCT said an enforcement officer is the same as a bailiff - this came up when discussing about forced entry etc..

    Thank you very much in advance..
    Tags: None

  • #2
    Re: Visit from Marstons coming back tomorrow please, please help

    Hang on in there someone will post advice on here soon beware bailiffs threaten but dont always carryout the threats im sure if the house live in has dasabled residents there are certain rule please wait for advice

    Comment


    • #3
      Re: Visit from Marstons coming back tomorrow please, please help

      In order to force entry, Marstons MUST have written authorisation from the court. To the best of my knowledge and belief, a Distress Warrant, on its own, is not enough. Although Marstons shout pretty loudly about the Domestic Violence and Crime Victims Act, the reality is that it is only supposed to be used in cases of those who persistently evade paying fines. You need to speak to the HMCTS Enforcement Manager for the court you mention about the information you were given by court staff. I would also make a formal complaint about the idiot you spoke to at the court and who gave you what is, essentially, a load of BS. That letter needs to be addressed to the Court Manager. I would also send a copy of the letter to Ursula Brennan, who is the Permanent Secretary at the Ministry of Justice. She is the most senior civil servant at the Ministry and in overall charge of the day-to-day running of the services it provides.

      It also sounds to me that the court you mention have ridden roughshod over basic human rights and the law and this needs to be nipped in the bud.

      Marstons cannot enter the disabled lady's home as you are a live-in carer, not a tenant. They cannot take anything that does not belong to you. If they attempt to do so, it is likely they would be committing Burglary. As to the statement by the court staff that it is up to Marstons whether they return the warrant, this is total crap. HMCTS are in charge, not Marstons, and HMCTS can recall a warrant at any time. I would seriously contact your local Law Centre or the Community Legal Service who can provide free legal advice. Something has gone wrong, somewhere, and it needs sorting - pronto.
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #4
        Re: Visit from Marstons coming back tomorrow please, please help

        thankyou Bluebottle on behalf of the OP this behaviour by these bailiffs need to stop i for one get sick of hearing examplesof the way they act says a lot for the companies

        Comment


        • #5
          Re: Visit from Marstons coming back tomorrow please, please help

          Originally posted by wales01man View Post
          thankyou Bluebottle on behalf of the OP this behaviour by these bailiffs need to stop i for one get sick of hearing examplesof the way they act says a lot for the companies
          I am collating evidence against Marston Group. There is a very good case for putting pressure on the Ministry of Justice to rescind their contract early or refuse to allow them to tender when it comes up for renewal later this year. Ultimately, unless Marston Group's senior management get a grip on the dishonesty and violent behaviour that seems to be rampant and out of control in their company, I can see them going the same way as Drakes did, but, this time, I cannot see them rising phoenix-like from the ashes as Drakes did, as part of Marston Group.
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment

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