Distress Warrnat - Urgent Advice Needed

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Distress Warrnat - Urgent Advice Needed

Postby brownout on Tue Mar 14, 2017 2:32 pm

Our son owes many fines and court fees etc. He hasn’t lived at our house for 6 years but always gives our address. Today two people from Marston Holdings came round today with a court warrant to take goods to value of £500. They accepted that he doesn’t live there but said as our address in on the warrant they will come back in two days (with a locksmith) and take goods to that value which will be stored for 5 days and returned if we can provide receipts. They said the only way we can stop this is to pay the fine.
Any advice on how to deal with this would be gratefully received.
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Re: Distress Warrnat - Urgent Advice Needed

Postby Up the Junction on Tue Mar 14, 2017 2:46 pm

PM one of our resident legal eagles.
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Re: Distress Warrnat - Urgent Advice Needed

Postby somerset-hammer on Tue Mar 14, 2017 2:48 pm

Why hasn't he paid the fines? this is your sons mess, and he needs to take responsibility.

Shame on him for putting you in this position.
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Re: Distress Warrnat - Urgent Advice Needed

Postby White Goodman on Tue Mar 14, 2017 2:52 pm

somerset-hammer wrote:Why hasn't he paid the fines? this is your sons mess, and he needs to take responsibility.

Shame on him for putting you in this position.


I'd guess it's one of two things.

1. He doesn't have the money

2. He doesn't give a ****


My brother did the same thing to my parents. They do have you over a bit of a barrel BO, I assume they had a High Court writ when they came to see you?

FWIW it's worth I think this with more and more people living at home into their 30s , this whole show me the receipts for your telly is a ****ing cynical, nasty way of recouping losses.

Overwhelmingly, the TV or possessions in the house are not going to belong the the son or daughter living there but they want you to produce a receipt for something you may have bought 4 years ago. A ****ing joke.
Last edited by White Goodman on Tue Mar 14, 2017 2:55 pm, edited 2 times in total.
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Re: Distress Warrnat - Urgent Advice Needed

Postby brownout on Tue Mar 14, 2017 2:53 pm

Got the pm thanks and I'll try that route.
He owes thousands in fines but never pays. A fine to him is like getting off scott free.
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Re: Distress Warrnat - Urgent Advice Needed

Postby Hammers Dad on Tue Mar 14, 2017 2:56 pm

Surely, irrespective of address, if you can show he doesn't live there then they need to find him rather than take your goods?
If you know his address, point them in that direction and don't feel guilty about it either
I would have extreme difficulty finding receipts for anything in my place.
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Re: Distress Warrnat - Urgent Advice Needed

Postby somerset-hammer on Tue Mar 14, 2017 2:59 pm

What if you didn't live at that address any longer?

Would the new tenants have to pay his fines, because that was the address he gave, I doubt it!

Pass on his address and let him deal with it.
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Re: Distress Warrnat - Urgent Advice Needed

Postby White Goodman on Tue Mar 14, 2017 3:07 pm

somerset-hammer wrote:What if you didn't live at that address any longer?

Would the new tenants have to pay his fines, because that was the address he gave, I doubt it!

Pass on his address and let him deal with it.


I don't think it is as easy as that. The High Court writ has the address that he gave them, I doubt they can just walk away on the say so of BO otherwise they'd never ever recover any debts
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Re: Distress Warrnat - Urgent Advice Needed

Postby brownout on Tue Mar 14, 2017 3:07 pm

But they are saying the warrant is for our address so that's where they have to get the goods.
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Re: Distress Warrnat - Urgent Advice Needed

Postby Hammer1972 on Tue Mar 14, 2017 3:15 pm

brownout wrote:But they are saying the warrant is for our address so that's where they have to get the goods.


I am definitely not a legal eagle of any kind, but surely there is a legal route to get the court to remove your address from his warrant once you can prove to them he hasn't lived there for 6 years? Try the CAB?
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Re: Distress Warrnat - Urgent Advice Needed

Postby fmgod on Tue Mar 14, 2017 3:16 pm

I think they're talking nonsense and trying to scare, don't think they can actually take anything or use a locksmith or anything like that
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Re: Distress Warrnat - Urgent Advice Needed

Postby Big George on Tue Mar 14, 2017 3:17 pm

brownout wrote:But they are saying the warrant is for our address so that's where they have to get the goods.


I hope you sort it BO, sounds like a terrible situation
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Re: Distress Warrnat - Urgent Advice Needed

Postby brownout on Tue Mar 14, 2017 3:18 pm

fmgod wrote:I think they're talking nonsense and trying to scare, don't think they can actually take anything or use a locksmith or anything like that


The advice I've had is that they can.
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Re: Distress Warrnat - Urgent Advice Needed

Postby White Goodman on Tue Mar 14, 2017 3:19 pm

fmgod wrote:I think they're talking nonsense and trying to scare, don't think they can actually take anything or use a locksmith or anything like that


They absolutely can, they can even drill your locks to execute the warrant I believe. If they have a High court writ , you can't legally remove them from your property if they are on it.

Almost certain of that.
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Re: Distress Warrnat - Urgent Advice Needed

Postby Greatest Cockney Rip Off on Tue Mar 14, 2017 3:20 pm

brownout wrote:But they are saying the warrant is for our address so that's where they have to get the goods.


Nope - they're using scare tactics. Check the warrant is correct and is for your son firstly, if it is, then they have no right to enter as they have already accepted that he doesn't live there. The bottom line is, they can only take HIS stuff, not yours and they have to label everything they are going to take first. You've proved that he doesn't live there any more so by rights, they should be on their way to pursure him.

What is the fine for? Is it a debt to the Crown or some hire-purchase / credit agreement?
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Re: Distress Warrnat - Urgent Advice Needed

Postby brownout on Tue Mar 14, 2017 3:22 pm

It is related to one of his many court convictions. Either a court fee or fine for an offence - or both.
They only accepted verbally that he doesn't live there. And what if we are at work when they come back.
They say they will take our stuff, store it for 5 days and we can get it back if we provide receipts.
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Re: Distress Warrnat - Urgent Advice Needed

Postby Greatest Cockney Rip Off on Tue Mar 14, 2017 3:26 pm

brownout wrote:It is related to one of his many court convictions.


Are they fines for stuff like Council Tax, parking fines or civil court actions or are they fines or fees for defaulting on payment or hire purchase agreements?

They only accepted verbally that he doesn't live there. And what if we are at work when they come back.
They say they will take our stuff, store it for 5 days and we can get it back if we provide receipts.


If you have ANY more dealings with them film it all. If they don't like it tell them to job on because you're within your rights to do so. What exactly did they say when you said he doesn't live there any more?
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Re: Distress Warrnat - Urgent Advice Needed

Postby brownout on Tue Mar 14, 2017 3:42 pm

Fines for criminal matters - possession of drugs, theft etc. Plus the court fees & victim surcharges they add.
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Re: Distress Warrnat - Urgent Advice Needed

Postby sendô on Tue Mar 14, 2017 3:46 pm

brownout wrote:It is related to one of his many court convictions. Either a court fee or fine for an offence - or both.
They only accepted verbally that he doesn't live there. And what if we are at work when they come back.
They say they will take our stuff, store it for 5 days and we can get it back if we provide receipts.

As the writ is only against your address (related to your son's activities) and not against you or anyone else living there - can you not hire a van or somesuch and move everything of perceived value (that you cannot prove ownership of) away from the property, into some sort of storage or else a friends/neighbours/relatives house?

Serious question.
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Re: Distress Warrnat - Urgent Advice Needed

Postby brownout on Tue Mar 14, 2017 3:48 pm

We are moving my younger sons guitars out but can't take everything.
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