Marstons Debt Collectors

[Driver26]

Hello to everyone. I hope someone can offer some advice. We have had a visit from Marstons re an unpaid fine by my stepson from 2007/8 (according to the visitor). He said he owes £400 and if the money is not paid in 21 days he will send a "removal team" for goods, vehicles etc, to sell at auction. Everything in our house, apart from an old weightlifting bench and some weights has been bought and paid for by me and my wife. He says he cant afford the money and they want it all at once. I dont trust him to repay me if I lend it to him as he has proved difficult in the past. What can I do if these people turn up when we're on holiday in three weeks and take our things? The house will be occupied by my two sons while we're away. The youngest 19, and the debtor 25.

[ploddertom]

Re: Marstons Debt Collectors

Did he know about the original fine? Has he received a Final Steps Notice - a legal requirement?

As for yourselves you may need to make a Statutory Declaration to the effect all goods within the property belong to yourselves. The Bailiff may only seize the goods of the Debtor. A Stat Dec can be done at most solicitors at minimal cost, you will require 3/4 notarised copies one of which should be sent to Marstons, the others kept by the door to be shown to unwanted callers.

[charitynjw]

Re: Marstons Debt Collectors

Hi Driver26, & welcome to Legal Beagles.

What was the 'fine' for?

[Driver26]

Re: Marstons Debt Collectors

Thanks plodderton. Yes he knew about the original fine. He has been running away from this and other financial matters since turning 18. "Running away" to include changing addresses for the last 6 years. He only recently moved back home in January this year saying he had nowhere else to go. He has no possessions apart from some worthless weightlifting equipment. We own all the other contents. I shall get a Statutory Declaration made out. I am so concerned about this I fitted an internal mortice lock to the bedroom door, the idea being to leave valuable items behind a locked door. I an considering renting a storage unit too. From what I read about Marstons it appears they don't seem bothered who owns the things they take as long as they obtain enough to cover the debt. Would they accept a Stat Dec, is it a legal document.

[wales01man]

Re: Marstons Debt Collectors

A stat dec signed by a solicitor is a legal document

[labman]

Re: Marstons Debt Collectors

Thanks plodderton. Yes he knew about the original fine. He has been running away from this and other financial matters since turning 18. "Running away" to include changing addresses for the last 6 years. He only recently moved back home in January this year saying he had nowhere else to go. He has no possessions apart from some worthless weightlifting equipment. We own all the other contents. I shall get a Statutory Declaration made out. I am so concerned about this I fitted an internal mortice lock to the bedroom door, the idea being to leave valuable items behind a locked door. I an considering renting a storage unit too. From what I read about Marstons it appears they don't seem bothered who owns the things they take as long as they obtain enough to cover the debt. Would they accept a Stat Dec, is it a legal document.

As Wales says, it is a legal document, hence having it notarised in a solicitors. It amounts to swearing under oath that everything there is yours. Marstons would be in trouble if this were ignored.

In terms of not being able to afford the money, have a read HERE.

[Driver26]

Re: Marstons Debt Collectors

Thanks wales01man. I am going to get one, I just hope it stops them.

[wales01man]

Re: Marstons Debt Collectors

If it doesn't stop them think you mind find taking your property is theft and criminal call the police if this happens

[Driver26]

Re: Marstons Debt Collectors

Thanks labman

[Driver26]

Re: Marstons Debt Collectors

Thanks for the welcome! Damaging property. He was about 18 at the time

[ploddertom]

Re: Marstons Debt Collectors

He needs to address this urgently as if he continues to ignore there will be an Arrest Warrant for him where he can just be picked up off the street and held until the next sitting of the Court which could be in a weeks time.

He should contact the Court explain he has moved around a lot and not realised this was still outstanding. They may take pity on him and either remit or rewind his fine back to the original & wipe the Bailiffs fees. He needs to throw himself at the mercy of the Court, they may of course tell him to get lost but he should try it - better off done in person in my view.

[Driver26]

Re: Marstons Debt Collectors

Thanks wales01man. When you put it that way it seems obvious.

[Driver26]

Re: Marstons Debt Collectors

Thanks plodderton. He has just told me the original fine was £80 and was issued at the local police station. Should he go there first? He says he never appeared in court. I've told him about the Arrest Warrant too and the fact a Stat Dec will cover all our possessions.

[ploddertom]

Re: Marstons Debt Collectors

Looks as if he was issued with a Fixed Penalty Notice and as this was not paid it would have gone to the Magistrates Court to be heard and also increased. If he had no knowledge of that or his "means" were not tested again may be grounds to contest it. It is the magistrates Court he needs to contact.

[labman]

Re: Marstons Debt Collectors

Looks as if he was issued with a Fixed Penalty Notice and as this was not paid it would have gone to the Magistrates Court to be heard and also increased. If he had no knowledge of that or his "means" were not tested again may be grounds to contest it. It is the magistrates Court he needs to contact.

....... as per the link I posted nine posts ago (see post 6!!!!!!!!!)