bailiffs threating to take my stuff

[poppilea]

Re: bailiffs threating to take my stuff

idont even no what court it is

[CleverClogs]

Re: bailiffs threating to take my stuff

Ask at your local magistrates' court.

As for Mr Anderson, print out a Statutory Declaration (from here - link - you need version B) to the effect that none of the goods and chattels in your house belongs to anyone other than yourselves. Remember to correct the grammatical error or spelling mistake of (sic) "within it's boundaries" - I regret that I had not been asked to profo reed it.

Get the SD sworn at a Commissioner for Oaths - many solicitors will do this - and get several certified copies, as you'll need one to post to Marstons and another to piss off Mr Anderson when he next calls.

[bluebottle]

Re: bailiffs threating to take my stuff

It's a common thing for someone to give a false name and address for a train or bus ticket,. first the third party knows is when the bailiff calls. If it is a genuine case of ID fraud the Stat Dec to the court that issued the fine is imperative without it, it cannot be quoshed, or the case reopened to be dismissed. The bailiff will be anxious for you to pay for the fine as he doesn't care who pays. If you or your son did pay, the bailiff, at this stage even if it was quoshed later, you would likely have to sue marstons to get your money back.

The Statutory Declaration, as alluded to above, is likely to piss-off Mr Anderson somewhat. The matter does need chasing up with the courts, asap, however.

[labman]

Re: bailiffs threating to take my stuff

The bailiff company will be able to tell you which court it was. That should be your starting point - find out when this alleged happened, when it went to court, etc... as outlined by BB above. Clearly you need the court to admit in writing they were sending letters to the wrong address.

I would hold fire on the police and other avenues for the moment. Let's get some facts together.

Was there no mail forwarding from your previous address? It may sound daft, but are you sure your son is telling you the truth that he knows absolutely nothing about this, and has received no mail whatsoever about it?

If things were being sent to the wrong address, then it should not be too hard to get the facts out, things put back to the position they should be, and then work from there to resolve it.

Meanwhile here is some factual information about things:

http://www.legalbeagles.info/forums/...s-Courts-Fines

Have a good read - there'll be bits we haven't yet mentioned which are important, like asking to see the distress warrant.

Finally, can you tell us which bailiff company it is please? It will be on top of the paper with his name and number on.

[poppilea]

Re: bailiffs threating to take my stuff

thank you so much for your help:okay:

[poppilea]

Re: bailiffs threating to take my stuff

I am 100 percent my son didn't no any think about this and I received not letters from old address or my recent address the bailiff didn't even show me any think marstons is on the red letter he just filled it in the amount 757.00 and signed his name

[labman]

Re: bailiffs threating to take my stuff

Please find out the name of the court, and also ensure you ask the bailiff (or Marstons) in which court the bailiff was certificated, and on what date.

Currently, nobody under that name shows on the register for being anywhere near you, or employed by Marstons. That does not necessarily mean they are not certificated, but it does mean we need to make sure.

[bizzybob]

Re: bailiffs threating to take my stuff

If it is a wrong person trace, wonder if Mr Anderson will need a shelter?

[bluebottle]

Re: bailiffs threating to take my stuff

It's Marstons, Labman. The OP's son should attend the court that issued the distress warrant and ask to see a copy of it. If the court refuses, which, strictly speaking, they should not, then it is a case of escalating the matter to a higher level.

The providing of false particulars is, unfortunately, a reality and, all too often, it is innocent individuals who are on the receiving end of consequences such as this thread deals with.

[labman]

Re: bailiffs threating to take my stuff

Thanks BB, but the son needs to find out which court issued the distress warrant first. Post 19 stated they should ask to see the Distress Warrant.

I don't think we should jump to any conclusions before we get a few facts. :beagle:

[poppilea]

Re: bailiffs threating to take my stuff

I will make some fone calls first thing in the morning we are not paying a fine whats not ours

[bluebottle]

Re: bailiffs threating to take my stuff

If it's Birkenhead, then it will either be Merseyside Police or British Transport Police. Ring Marstons and ask for the HMCTS reference number. If they refuse or are unco-operative, ring 01633 645112 and ask to speak to the Service Delivery Manager or Senior Enforcement Manager for Cheshire and Merseyside. Alternatively, send an email to CH-CPOSupervisors@hmcts.gsi.gov.uk and mark "For attention of Service Delivery Manager or Senior Enforcement Manager - Cheshire and Merseyside".

In my experience, HMCTS Area Enforcement Teams are usually very helpful.

[poppilea]

Re: bailiffs threating to take my stuff

do bailiffs come out over the weekend

[bizzybob]

Re: bailiffs threating to take my stuff

do bailiffs come out over the weekend

They might come on a Saturday up to 9PM, but shouldn't call on Sunday... Yet When the ba*lsup that is the TCGA provisions come in next April , they will be able to call any day of the week apparently.

[ploddertom]

Re: bailiffs threating to take my stuff

They might come on a Saturday up to 9PM, but shouldn't call on Sunday... Yet When the ba*lsup that is the TCGA provisions come in next April , they will be able to call any day of the week apparently.

Maybe then they can deliver Xmas Dinner but you'll only get sprouts & stuffing.