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Marston's threatening behaviour seizure notice on our car

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  • Marston's threatening behaviour seizure notice on our car

    Marstons again showed up on our doorstep today. I say agin because they came earlier in the year sfull of lies and threats as it turned out thanks to this site. I called the court in question and managed after much bs to get them to send out a payment card for me to make payments with. To this day they still have not sent it.

    I am a carer in receipt of no benefit whatsoever for a disabled lady and a disabled boy, with another toddler living at the same address. I own nothing at this property except my clothes.

    I told this Marstons rep this but he said hes not leaving without 'seizing something'. I noticed he had managed to get one foot in the door also. I informed him his colleague, whom he knew, had been before and i had rang both marstons and the issuing court and had not received the payment card, this did not matter to him. He mentioned calling the Police which i then volunteered to do myself, as there was no way i was letting him into the property to inventory goods that dont belong to me. Then he turned more aggressive and said if i called the police he would call another van around the area and force entry, and that the police would remove and or arrest me from the property.

    The car on the driveway was paid for by the disabled lady and is used to get her shopping and ferry around. I must point out shes also due to give birth next month, and i was able to show him a letter from her midwife detailing her critical risk from an early pregnancy and the times shes has been rushed to hospital in the last few weeks. This did not deter him, and he filledout a notice of distress for me with the car as inventory. He said hes giving me 24 hours grace to pay or he will be back at 4pm to force entry to the house also. I notice that the court has changed from Southend to HMcts Gloucester where we live.

    From memory he should have left me a copy of the original warrant? All i have is this Notice of Distress and the red inked letter from Marstons themselves. He does not appear to be a bailiff.

    Am getting quite very angry that I went through this before and was awaiting a payment card from Southend courts, only for Marstons to turn up again some months later and cause considerable distress to the lady and myself, both classed as vulnerable me becasue of long term mental and anxiety issues. The court knew of my status, Marstons knew, Ive stated over and over im willing to pay via installments hence request for the payment card, and yet our car has been 'seized' in this way when the lady is and could go into labour at any time, if theres no ambulances etc obviously this could be life threatening.

    Am of mind to call marstons just to record the position, and also the courts themselves but i remember the people i had to speak with were no more honest than Marstons. Before was stressful enough, now when theres an unborn child at risk the stress in unimaginable.

    Any advice as ever will be appreciated very much and sincere thanks in advance.
    Tags: None

  • #2
    Re: Marston's threatening behaviour seizure notice on our car

    need to add also that the red-inked letter from Marstons he left says depsite previous notices and attendances i have failed to pay the outstanding amounts. As i pointed out to him, nobody whatsoever has written, visited, left a card or nothing since agreed with court they would issue a payment card#

    Comment


    • #3
      Re: Marston's threatening behaviour seizure notice on our car

      From re-reading through this forum i can state there has not been a Final Steps Notice received since my last contact with the courts some months ago when they said they'd send out a payment card and havent.

      Comment


      • #4
        Re: Marston's threatening behaviour seizure notice on our car

        Is there any advice guys please as to what to say and do, woken this morning after awful night pretty much drained of any sense of direction

        Comment


        • #5
          Re: Marston's threatening behaviour seizure notice on our car

          Hi Miffed19, & welcome to Legal Beagles.

          I'll see if I can locate our baliff experts for you.

          Brb.

          Update - I've given a nudge.
          Last edited by charitynjw; 28th June 2013, 08:57:AM.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Marston's threatening behaviour seizure notice on our car

            Who is the registered keeper of the car?
            Why didn't you chase the council for the card?

            Comment


            • #7
              Re: Marston's threatening behaviour seizure notice on our car

              Originally posted by Miffed19 View Post
              I am a carer in receipt of no benefit whatsoever for a disabled lady and a disabled boy, with another toddler living at the same address. I own nothing at this property except my clothes.

              I told this Marstons rep this but he said he's not leaving without 'seizing something'.
              And yet Gareth Hughes claims he wants to clean up their act.

              I noticed he had managed to get one foot in the door also. I informed him his colleague, whom he knew, had been before and i had rang both marstons and the issuing court and had not received the payment card, this did not matter to him. He mentioned calling the Police which i then volunteered to do myself, as there was no way i was letting him into the property to inventory goods that don't belong to me. Then he turned more aggressive and said if i called the police he would call another van around the area and force entry, and that the police would remove and or arrest me from the property.
              He really does seem to be a most unpleasant nutter.

              The car on the driveway was paid for by the disabled lady and is used to get her shopping and ferry around. I must point out shes also due to give birth next month, and i was able to show him a letter from her midwife detailing her critical risk from an early pregnancy and the times she's has been rushed to hospital in the last few weeks. This did not deter him, and he filled out a notice of distress for me with the car as inventory.
              The levy is invalid and, furthermore, he should know it is invalid.

              He said he's giving me 24 hours grace to pay or he will be back at 4pm to force entry to the house also.
              I would suggest that the householder makes a Statutory Declaration before a Commissioner for Oaths, to the effect that, with the exception of your clothes, all the goods and chattels in the house belong to her.

              When the ba:censored:rd bailiff threatens to force entry, hand him a copy and tell him that it would be futile for him to search for goods to levy as, apart from your clothes, there is nothing he could lawfully seize. This will make him very angry indeed.

              I notice that the court has changed from Southend to HMcts Gloucester where we live.
              Why was the fine issued?

              Comment


              • #8
                Re: Marston's threatening behaviour seizure notice on our car

                Do you have a Tax Exempt Road Fund Licence - what does the taxation class say on the disc? Does she still have a receipt for the vehicle - I assume it is purchased rather than leased thro' Motability? Who is the registered keeper? How is it insured?

                As for the Warrant, to what address is it issued? What was the date it was issued originally?

                As for the payment card - have you confirmed with the Court it was ever sent? What was the exact address they claim to have sent it to? I gather since they have moved the Court from Southend (Essex) to Gloucester - a distance of a couple of hundred miles everything has probably gone to your old address?

                Comment


                • #9
                  Re: Marston's threatening behaviour seizure notice on our car

                  To be able to answer this properly can OP please answer the questions:-
                  What is the original fine for?
                  Who is named on the fine?
                  Why didn't OP chase up the 'payment card'?
                  Who is the car registered to?



                  Comment


                  • #10
                    Re: Marston's threatening behaviour seizure notice on our car

                    Just got back on and will answer now apologies

                    Comment


                    • #11
                      Re: Marston's threatening behaviour seizure notice on our car

                      [QUOTE=Inca;352915]To be able to answer this properly can OP please answer the questions:-
                      What is the original fine for?
                      Who is named on the fine?
                      Why didn't OP chase up the 'payment card'?
                      Who is the car registered to?

                      Fines were for motoring related like no mot, insurance, from 2004 i think the warrant said when the Marstons rep showed it. He is not a bailiff.

                      My name is on fine.


                      Didnt chase card as was in middle of benefit appeal and intended for fines to be taken out of there in future also, so thought i had two bases covered. As it was i am having to re-apply for benefit from scratch, something a Dwp medical assessment officer began earlier this week funnily enough. Though its not funny.

                      Have not had car long could well be registered to previous owner still, definitley not lady i care for though. It was her money that paid for it, and can only add that it states on any V5 that its the registered keeper's name not neccessarily the owner?

                      Comment


                      • #12
                        Re: Marston's threatening behaviour seizure notice on our car

                        Originally posted by ploddertom View Post
                        Do you have a Tax Exempt Road Fund Licence - what does the taxation class say on the disc? Does she still have a receipt for the vehicle - I assume it is purchased rather than leased thro' Motability? Who is the registered keeper? How is it insured?

                        As for the Warrant, to what address is it issued? What was the date it was issued originally?

                        As for the payment card - have you confirmed with the Court it was ever sent? What was the exact address they claim to have sent it to? I gather since they have moved the Court from Southend (Essex) to Gloucester - a distance of a couple of hundred miles everything has probably gone to your old address?
                        Car still has normal tax disc on and theres no blue badge. She has some mobility sometimes and was too proud to claim badge. Receipt will have my name on as i travelled to buy it myself. Its not a mobility scheme car. The car is insured normally in my name.

                        I think the warrant is issued to this address, again marstons did not leave it with me so i cant confirm this. The date i recall on it was 10th June 2013, my birthday no less.

                        My address hasn't changed since they moved the courts from Southend to Gloucester, so if they had sent card it would/should have come here. Ive yet to speak with the right person at either court, the police are on their way here as the lady is receiving ongoing harrassment from the neighbour that threatened her life at weekend.

                        Comment


                        • #13
                          Re: Marston's threatening behaviour seizure notice on our car

                          How is levy invalid please?

                          It is pretty impossible to get the lady to a court to get the declaration, quite aside from the risk of distress.

                          Fine was issued because of motoring ie no mot etc.

                          Just dropping boys at nursery then will get on the phone to courts. Will ask why they didnt send card, why no further letters or notices have been sent to me whatsoever, and why having accepted myself as a vulnerable person with long history of mental health issues before, have allowed this fine to slip through to this stage again. Obviously tell them of the critical nature of the tenants condition.

                          Whether the points of marstons man not being a bailiff, tricking his foot inside the door, not giving me a copy of the warrant and generally being very aggressive and threatening.

                          Could i ask the police for advice at all, i was happy to call them yesterday until he said his other van would be here first and empty the place as well as me being arressted if needed.

                          My head is hurting. Cant thank you guys enough for offering help

                          Comment


                          • #14
                            Re: Marston's threatening behaviour seizure notice on our car

                            I'm now out cos the far more experienced and clever Beagles have arrived.
                            Good Luck,,hope it gets sorted

                            Comment


                            • #15
                              Re: Marston's threatening behaviour seizure notice on our car

                              To whom is the car registered ? (As far as DVLA are concerned)
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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