Marstons Debt Collectors

[Driver26]

Re: Marstons Debt Collectors

Thanks plodder. I'll tell him to contact the magistrates court. If it was heard at the magistrates court he has no knowledge of it. It must have been heard and increased in his absence. In the meantime I'll get a Stat Dec, can I include vehicles in it- cars and motorcycle not kept at the address?

[labman]

Re: Marstons Debt Collectors

You can specify what you want in it. Be accurate in terms of specifying number plates, exact make and model etc... just in case they ignore it.

[Inca]

Re: Marstons Debt Collectors

May be worth investing in a little personal safe too...easily sourced and and fitted.great peace of mind...all jewellery..personal,,valuable nick-nacks........(me just thinking out loud)

[Driver26]

Re: Marstons Debt Collectors

Just a quick update. F ollowing P loddertoms advice I have made a stat dec at a local solicitors. I have the original and a copy. I have just phoned marstons to tell them. Because I do not have the customer reference number the staff member would not speak of the case. I informed her the reason for my call was my own business as I wished to inform them of the stat dec which is in my name and relates to a visit at my home, regardless of who owes money. The staff member spoke over me as I tried to explain this and continued to say she needed a customer ref number. Again I told her I was not a customer. M y query is- W ould wordly wise beagles recommend sending a certified copy of the stat dec to their office in Altrincham

[bizzybob]

Re: Marstons Debt Collectors

Copy to the court that issued the fine and a copy to narkstons imho, Marstons will uswe any excuse like Data Protection, wrong side of bed, sun has spawned a planet gobbling start beast etc to avoid dealing with you, as lawfully they have no business with you, beyond them crossing the line and harassing you for your stepson.s debt, as he lives at your address. Unfortunately for them, even though thny claim they can force entry as he lives there. it would be a very silly thing for them to do.

[labman]

Re: Marstons Debt Collectors

Can you get the reference number, or can they not trace the case through an address and a name? It sounds typically baiiff-esque, and being awkward for the sake of it. If you can, another phone call would be in order, but TBH, if the bailiff intends coming, they are likely to come regardless of a phone call, if not only to try to bump up the fees a bit more. Just make absolutely sure that your sons know about the Stat Decs and why they are there, just in case the bailiff returns in your absence.

As you'll be away, it would do no harm at all for your sons, if possible, to record (even if just on a mobile phone) anything which takes place re bailiffs while you're away, especially as with the Stat Dec in place, there is no reason whatsoever for them to even try to enter your house.

Please try not to let this spoil your holiday. There are very few cases we see through here which are not resolved eventually.

[Driver26]

Re: Marstons Debt Collectors

I see, thanks. As I olny have one certified copy i think i'll send it to marstons. (royal mail special del) i can do this on monday. the wording of the stat dec states clearly who owns the property. I could show the original at the court or obtain further copies. ( I assume my own photocopies would be unacceptble)

[Driver26]

Re: Marstons Debt Collectors

Thanks Labman. I have the mobile phone number of the individual bailiff concerned with this. I may call him on Monday to tell himmyself of the stat dec now in place. Incidentally I made it out to include both our car and motorcycles which are kept at a different location in a rented lock up garage, just in case they gained entry to our prop and noticed all the helmets and clobber within the house. Would it be possible to insist to marstons that they do not attend my address at all once they recieve the stat dec? I could send a letter along with the stat dec to tell them so, or am I just being naive?

[labman]

Re: Marstons Debt Collectors

I honestly don't know about photocopies. I guess they prove there has been an original copy, and it is signed and dated. Whether or not a bailiff would accept this I don't know.

[ploddertom]

Re: Marstons Debt Collectors

Scan & send him a copy to his phone. Keep the original & copy by the door for if they call and show them what they are. By all means photocopy and send a copy to their office. I also wouldn't mention you are going away particularly between X & Y as that will be like an open invitation for them to call.

[Driver26]

Re: Marstons Debt Collectors

Thanks to all who have responded. I'll update with any developments as and when they happen.

[wales01man]

Re: Marstons Debt Collectors

If the OP sends the only signed SD to the Bailiffs what if they lose/destroy it? should he be advised to send a copy and state the original is available to be seen at somewhere other than his own property

[Dougal16T]

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

Morning all,

I most certainly is Theft, and is covered by the Theft Act 1968. If they insist on taking goods AND TRY TO DO SO - CALL THE POLICE IMMEDIATELY ON 999, IT IS A CRIME IN PROGRESS AND THEY WILL BE ARRESTED FOR ATTEMPTED THEFT. They also may face arrest for a Breach of the Peace, but that is not the most important issue.

Make sure that you do NOT let them in, they have NO RIGHT OF ENTRY, unless they have an Order of the Court, which they must let you see. Do not worry they will not have such an Order - things have changed in the recent past and Magistrates do not issue Warrant of Entry for matters such as Civil Debt.

Best wishes all,

Dougal

[wales01man]

Re: Marstons Debt Collectors

Thought so

[Driver26]

Re: Marstons Debt Collectors

Thanks Dougal 16 and Wales 01.
I have sent this morning via Royal Mail SD, a photocopy of the certified copy of the Stat Dec. As labman said earlier, doing this shows the existence of an original. I also enclosed a covering letter offering to make the original available to view if they write to me first. As the sworn original cost £90 I don't fancy letting them even have a look.

With regard to the debt itself my step-son says he will present himself at court today in an attempt to deal directly with them, as advised by Ploddertom last week