Distress Warrnat - Urgent Advice Needed

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Re: Distress Warrnat - Urgent Advice Needed

Postby sussexhammer74 on Tue Mar 14, 2017 9:35 pm

**** me Brownout, not a nice situation to be in. and don't go blaming yourself for your son being a total bellend. How he is stitching his family up is proper **** ish.

Cant offer any advice but some sure of the stuff that has been posted on here and some of the PM's you (hopefully) got from the legal bigwigs on here get the right answer for you and yours.

Best of luck mate :thup:
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Re: Distress Warrnat - Urgent Advice Needed

Postby RichieRiv on Tue Mar 14, 2017 9:49 pm

I do tend to watch the bailiff programs - "can't pay or we'll take it away" and the like. Although there is a difference between a bailiff (lower courts) and a High Court Sheriff / Enforcement Officer who have greater powers.

I think you need to prove that anything of value if not owned by the plaintiff. That doesn't necessarily have to be receipts but credit card statements, bank statements, email confirmations etc.

In terms of what they can and can't do....

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/letting-a-bailiff-into-your-home/can-a-bailiff-force-entry-into-your-home/

I also think that goods are held for a period whilst you can go back to court to claim it back.
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Re: Distress Warrnat - Urgent Advice Needed

Postby nickkarkie on Tue Mar 14, 2017 9:56 pm

Yes Rich. The Sheriffs Are Coming is a very good insight into how it works.
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Re: Distress Warrnat - Urgent Advice Needed

Postby brownout on Tue Mar 14, 2017 10:37 pm

Thanks for all advice.
I'm going to try to get a Statutory Declaration at court to say he doesn't live here.
In the meantime we'll move out what we can.
What I can't find out is can they take goods that could not reasonably be considered to be owned by my son - eg TV computer in lounge, cars, things in my other son' room. They said they could but I suspect they were lying
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Re: Distress Warrnat - Urgent Advice Needed

Postby RichieRiv on Tue Mar 14, 2017 10:55 pm

Car is easy to prove - log book and the registered owner / keeper. Even better if the car is in finance because legally they can't take it (unless they are recovering the vehicle due to missed payments).

As for anything else, i hate to say it but TV's, computers etc have negligible worth - especially at auction. The truth is these items won't cover the debt. What you want to make sure is that there is no cash or jewellery in the house and also get that proof.

If they come knocking again - don't answer the door and call the old bill. But get some advice first thing tomorrow - preferably not from the internet.
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Re: Distress Warrnat - Urgent Advice Needed

Postby Greatest Cockney Rip Off on Tue Mar 14, 2017 10:59 pm

brownout wrote:t's not that we accountable but that the warrant is for our address.


Have you actually seen the warrant? If they're saying the warrant is against the address then they are full of ****. The warrant is for the person who's name is listed on the warrant. If you haven't seen it, demand to see it. If they won't show you, then call the police and say they're causing alarm, harassment and distress.
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Re: Distress Warrnat - Urgent Advice Needed

Postby OFT on Tue Mar 14, 2017 11:23 pm

Can't offer any advice Brownout other than shift as much stuff as you can as from what I've seen on the TV shows mentioned by others, the baliffs could claim your belongings as the courts even if they leave it with you in the short term.
Sympathy, however, I can manage. What a terribly sad, miserable in fact, state of affairs you find yourself having to deal with. All the very best with it all.
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Re: Distress Warrnat - Urgent Advice Needed

Postby tall paul on Tue Mar 14, 2017 11:58 pm

Talk to these guys, gave me good advice with a similar problem
http://www.bailiffhelpforum.co.uk/
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Re: Distress Warrnat - Urgent Advice Needed

Postby IronworksDave on Wed Mar 15, 2017 1:39 am

A way of dealing with 'ownership' issues is to claim that everything in your house where you don't have, receipts / credit card bills / bank statements, were gifts to you ... get a relative or friend to write confirming they gave you X,Y, or Z ... whilst it may not be true, the Bailiffs are not permitted to take anything from your property where you can show evidence that it does not belong to the named debtor ... gift 'receipts' count as evidence ....

Hope that helps ...

NB: Once the bailiff realises you know the game he will give up very fast .. no money in it for him if he can't collect ....
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Re: Distress Warrnat - Urgent Advice Needed

Postby sendô on Wed Mar 15, 2017 10:00 am

Once again, just to say anything you can't prove ownership of, get it off of your property sharpish. They can't take it that way. If there's no chance of them recovering a debt at the address they've been given they'll give up.
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Re: Distress Warrnat - Urgent Advice Needed

Postby Cockneyboy311 on Wed Mar 15, 2017 2:18 pm

What a nightmare.

I've had similar in the past. Moved into a property and from the get go it was very apparent that the previous tennants were absolute scrotes.

We had bailifs and the police round several times within the first two months looking for three members of the family. We also had some scary looking blokes turn up whilst we were moving our stuff in looking for the previous tennant. These looked like the kind of guys who would put you in the ground quite quickly if you got on the wrong side of them. God knows what they had got themselves into but if they had pissed these guys off i'd guess they might be brown bread by now :P

Anyway i hope you get it sorted BO. Best of luck to you.
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Re: Distress Warrnat - Urgent Advice Needed

Postby brownout on Wed Mar 15, 2017 4:18 pm

Update –
We have moved goods of value out of the house.
I spoke to Barkingside court and they said we cannot get a statutory declaration as only my son could do that.
They put me on to London Collection Centre who handle the warrants etc who told me that they cannot do anything. It is up to us to prove that our son doesn’t live there.
I called Marston Holdings and they could not help – the person put the phone down on me.
I have got information from the electoral role that shows he doesn’t live at this address and will send this to Marston Holdings.
I hope that they are bluffing about breaking in and taking our stuff.
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Re: Distress Warrnat - Urgent Advice Needed

Postby sendô on Wed Mar 15, 2017 4:59 pm

brownout wrote:I hope that they are bluffing about breaking in and taking our stuff.

My understanding is they are legally allowed to, if you aren't there or bar the door. Make sure you get the OB there when they rock up, and try and explain everything calmly.
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Re: Distress Warrnat - Urgent Advice Needed

Postby nickkarkie on Wed Mar 15, 2017 5:07 pm

brownout wrote:Update –
We have moved goods of value out of the house.
I spoke to Barkingside court and they said we cannot get a statutory declaration as only my son could do that.
They put me on to London Collection Centre who handle the warrants etc who told me that they cannot do anything. It is up to us to prove that our son doesn’t live there.
I called Marston Holdings and they could not help – the person put the phone down on me.
I have got information from the electoral role that shows he doesn’t live at this address and will send this to Marston Holdings.
I hope that they are bluffing about breaking in and taking our stuff.


They are not allowed to break in to residential premises. They can climb over your fence and find an open back door or window. Keep everything locked and don't answer the door to them. They may try clamping your vehicles but they usually call the office with the plate to see who the owner is or if it's on finance.
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Re: Distress Warrnat - Urgent Advice Needed

Postby brownout on Wed Mar 15, 2017 5:20 pm

They said as it is a criminal fine they can get a locksmith and get in.
It seems they have this power but most of the time only use it as a threat.
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Re: Distress Warrnat - Urgent Advice Needed

Postby Hammer1972 on Wed Mar 15, 2017 5:23 pm

brownout wrote:I spoke to Barkingside court and they said we cannot get a statutory declaration as only my son could do that.
.


So only the person who has intentionally given the wrong address to the court can amend it. Seems sensible. :eh:
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Re: Distress Warrnat - Urgent Advice Needed

Postby EssexIron on Wed Mar 15, 2017 7:07 pm

RichieRiv wrote:Car is easy to prove - log book and the registered owner / keeper. Even better if the car is in finance because legally they can't take it .


Unfortunately the log book/V5 isn't proof of ownership. It says so in big letters right at the top. Surprised me also but saw it on can't pay we'll take it away.
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Re: Distress Warrnat - Urgent Advice Needed

Postby Greatest Cockney Rip Off on Wed Mar 15, 2017 8:08 pm

brownout wrote:I have got information from the electoral role that shows he doesn’t live at this address and will send this to Marston Holdings.


Right, get this off to them straight away, first class recorded delivery with a note saying this is your proof that your son doesn't live there any more and any further action from the bailiffs will be classed as harassment and will be dealt with accordingly. If they do turn up after you have confirmation they've received this information then call the police and film EVERYTHING.

I hope that they are bluffing about breaking in and taking our stuff.


If you send this proof of and get the proof they've received it then any attempt to break in would be a criminal act.
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Re: Distress Warrnat - Urgent Advice Needed

Postby pablo jaye on Wed Mar 15, 2017 8:18 pm

Keep copies of everything you send, just in case it gets 'lost' in the post.
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Re: Distress Warrnat - Urgent Advice Needed

Postby brownout on Wed Mar 15, 2017 8:26 pm

pablo jaye wrote:Keep copies of everything you send, just in case it gets 'lost' in the post.


I've sent it by post, fax & email. Got received & read receipts for the email. Also texted the bailiff to tell him it had been sent.

I've said - "As you can imagine this matter has caused great distress to myself, my wife and my other son. We have therefore sought legal advice as to how to deal with the matter.

Having provided evidence that XXXX does not live at XXXXXX and provided you with his current address and informed you that he has no property at our house, please be advised that should any of your agents attempt to enter or take goods from our property the police will be called and civil action taken against both Marston Holdings and your agent(s)."

I may send a similar letter with different wording if they don't reply in the morning. I may also add that all items of value have been removed from our house in the hope that this also helps dissuade them from trying to enter. My concern is they'll come when we are all out - or just my wife or younger son (17) are here and they may not be as firm.
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