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Original poster

I am in bits-marston's enforcement agent please somebody help?!

46 replies

doubleshotespresso · 07/01/2019 19:58

So, a tv licence from 2009 at an address I resided it (but had already left) has generated a court hearing which I knew nothing of until today when an "enforcement agent" contacted me informing me I pay over £600 or he is seizing goods tomorrow.
Marston's were zero help
My primary concern is my car
Can anybody advise how best to deal with this? I have no funds whatsoever
Thanks to anybody kind enough to reply

OP posts:
ShatnersBassoon · 07/01/2019 20:00

They're too late to chase you for the debt, even if it was yours (which you can prove it wasn't).

Handsoffmysweets · 07/01/2019 20:02

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request

Original poster
doubleshotespresso · 07/01/2019 20:03

He is saying he will attend my address tomorrow to seize goods?

What is this six year rule?

OP posts:
70sbaubles · 07/01/2019 20:04

Hide you car on a friends drive or garage while you get sorted x

Original poster
doubleshotespresso · 07/01/2019 20:07

Can they enter my property if I am not here?

OP posts:
Original poster
doubleshotespresso · 07/01/2019 20:07

He is saying he has a warrant

OP posts:
Original poster
doubleshotespresso · 07/01/2019 20:08

From who I have no idea, he was very bolshy and would not answer my questions

OP posts:
thereisnorinbath · 07/01/2019 20:09

I'm not sure about the 6 year rule, but you need to contact your local Magistrates' Court and say you want to make a statutory declaration, which is where you go to court and swear on oath that you knew nothing about the court proceedings against you. Once that is booked, the court will ask the fines office to put the account on hold and all enforcement action should be suspended until you make the declaration. Once the declaration is made the proceedings begin again from the beginning and you will have the chance to prove that you had left the address at the time of the offence.

ByeGermsByeWorries · 07/01/2019 20:09

Move your car to private land (friend or relatives drive perhaps) while you sort the issue. Don't be tempted to park it down the road or in the local area. They're good at finding them.

Areyouongluedear · 07/01/2019 20:10

Never open the door. If you ever let them in they are allowed to come in again. Also don’t leave windows or doors open. Park your car elsewhere or I a garage until this is sorted. Contact CAB for help they’re brilliant

MummySharkDoDo · 07/01/2019 20:11

I’ve been through this with them!

The son of a previous occupier had a parking ticket, it was passed to them and because they couldn’t find him at his address they traced the debt back to this address he left 8 years ago.

Very very heavy handed. I refused though to give my name, as it wasn’t my debt. I just fronted it out and stated I’d ring the police for theft if he touched my car over the debt that was nothing to do with me. The tone changed, asking for his new address (they had it, the parkinticket was correctly issued to his address. They run random traces if they can’t get a debt back).

My friends had a very similar story too

Bufferingkisses · 07/01/2019 20:11

Park you car off road elsewhere. Get on MSE tonight for advice, read everything you can. Tomorrow ring them and tell them that you dispute this is your debt and you want it investigated. Whilst it is being investigated you want no further action to be taken or charges added. If a baliff attends do not even answer the door. There are others who know more than me but MSE is a good starting place for advice.

Original poster
doubleshotespresso · 07/01/2019 20:12

Does anybody know can he force entry if I am not at home? I have a really important medical appt with my DD tomorrow but a, terrified to leave house unattended

OP posts:
MummySharkDoDo · 07/01/2019 20:12

Do you have a proof of a tenancy or something to prove it’s not your debt? Or a licence somewhere else?

user1471453601 · 07/01/2019 20:14

My understanding is that a baliff has no right of entry, a high Court Officer does have a right of entry of your door is unlocked.
As pp.ssid, park your car elsewhere, but keep your doors locked, and call the police if they become threatening

Plasticgiraffe · 07/01/2019 20:22

When you say court case do you mean a CCJ? If so, I'm not sure the 6 year rule applies. Check your credit file it may show. Did you let the bailiff into your house today? If not, and you don't have a CCJ, there should be a template letter online to sent to the debt collectors and TV Licence as they will still try it on after 6 years. If you have a CCJ contact TV Licensing and see if they'll arrange a payment plan. Honouring your debts to the original creditor is one thing, but paying bailiffs is not a great option as they add on extra fees. I'm no expert but money saving expert website is excellent and has been very helpful to me in the past

Plasticgiraffe · 07/01/2019 20:27

Sorry just reread your original post that the debt is not yours. You need to send evidence to TV licence asap. Marstons won't care so don't bother with them. Hide your car and they definitely (100%) can't force entry but lock all doors and windows. Even with a high court writ for a personal debt (eg not a business debt) they can only enter peacefully, eg if you open the door or leave it unlocked

Flossmequick · 07/01/2019 20:31

Dont answer the door, even if its a voice you recognise. They might ask a neighbour to call you through the letterbox.

Can someone help you?

Hope it goes ok Flowers

Original poster
doubleshotespresso · 07/01/2019 20:45

Thank you all I know is it went to court. First I've heard of it nonidea about CCJ or not.

I really need to be out tomorrow but just read they can come until 9pm and I need to park outside due to DD's mobility/complex special needs. I don't want her to witness anything unpleasant either and he sounds pretty intimidating.

Damn these companies damn them

OP posts:
flapjackfairy · 07/01/2019 20:49

I don't think they can remove your car if your child's special needs require it .

TantrumsAndBalloons · 07/01/2019 20:53

Is it actually your debt? If so and you have moved and not received any correspondence regarding this you need to file a statutory declaration with the issuing magistrates court, the company will tell you who this is
You van call the court and they will put the case on hold and give you a date to attend court. At the court hearing they should take back the fine and you can st up a payment plan work the court

Fontofnoknowledge · 07/01/2019 21:05

You absolutely need to call TV licensing, tell them what has happened and definitely explain that you have a child with complex needs / mobility issues.

If marsdon are enforcing their debt, tv licensing are their client. Tell them not to bother you again or you will go to the local newspaper.

Then - as advised. After hospital appointment go to county court and swear a statutory declaration. Get a NAMED person to deal with at TV licensing and send them proof that the need.

And no, they cannot force entry. They can come in ONLY if you invite them in. NEVER invite a bailiff in, once in they CAN force entry when they return. They are no longer allowed to come in through open windows . They cannot force entry. They can come through unlocked doors.

They can take your car from outside your house, on your drive. They cannot force entry into your garage OR remove it from private land so park it on a friends , neighbors or family members drive/field/private land. (and take a picture of it there)

Good luck

Plasticgiraffe · 07/01/2019 21:14

Thank you all I know is it went to court.

Did the bailiff tell you this as well as them having a 'warrant'? If so, you can ignore these empty threats it's just intimidation. If it's high court enforcement then it will have gone to court but still don't let them in. They would have introduced themselves as high court too.

Money saving expert have a free credit report (Experian) you can register now and see if you have a CCJ. Then follow pp's advice. I feel for you it is scary. Just don't let them in to give you time to sort this during the next few days. I'm not sure how you can protect your car though can someone else move it for you or can you borrow a neighbours driveway? You're fine if it's on finance or someone else bought it for you and you have the receipt

TantrumsAndBalloons · 07/01/2019 21:15

Marstons enforce magistrates warrants which is what no TV licence is, it’s a criminal offence so they will have a warrant of enforcement