baliff action pending for sisters estranged husband-help

[Wombats]

Re: baliff action pending for sisters estranged husband-help

I now have some more information. Sister has received via her letterbox, from Marstons High Court Enforcement officers a "warrant of Control" with her estranged husbands name only on it. It has the client as HMCTS Thames Valley. It relates to an amount of,originally about £300 but has now risen to £600+. Sister has been a bit silly as any mail for him she has kept and not returned to the sender. I have told her now to return to sender everything she gets for him. It seems he was summons to appear at Slough County Court in April this year but didnt go, hence I assume the current situation. I have the courts case number etc so will start with them on Monday morning but am still waiting a written authority from Sis to deal with this-thinking about that I shouldn't need it as she is not named on the paperwork so we would both be third parties and therefore restricted under the Data protection act. I have a fax number for Martsons so will compose a fax to them explaining the situation and see what happens unless anyone has a better approach...
Your right Kati, I love all 4 of them because.....
Wombats thanks for your input, will have a good read about the guarantor situation.

That definitely says County Court which you repeat in post 11, so it is certainly something which needs clarifying, though as Ploddertom says, the DPA issues are going to be problematic.

As I said, and PTom confirmed, HCEO's cannot be appointed for a debt unless it exceeds the £600 mark.

One thing is, I believe, more definite - perhaps Ploddertom can confirm this? I believe this is ONLY to do with the estranged husband. Even if it was connected to the debt where your sister was guarantor, it could not be pursued via the courts unless action was taken in her name.

[peter p]

Re: baliff action pending for sisters estranged husband-help

Update, I have e mailed Marstons, with as much information as I can give explaining the situation in full and why i am involved. I have included all my contact info as well. I have, before they hid behind the data protection act, got in first saying that I am not wanting ANY information from them. I have given them every bit of information about his whereabouts and the name of the business that he was running etc etc. In other words we want to cooperate as much as possible with them to trace him.
My sister confirms the amount owed was about £300 and now stands at £620, if ploddertom and wombats are correct about the minimum amounts, and I have no reason to doubt them, there is something not right about this. Its difficult to deal with this over an 80 mile distance and not having the actual paperwork in my hands.
Ploddertom may have a point in post 13 so while i wait for a reply from Marstons I will ask sister to take a picture of the paperwork and e mail it to me. Trouble is now days people use tablets and smart phones and forget about the need for a scanner or printer.
Just to put the record straight the reference to "Slough County Court" is only habit, having been born and bred in the area the old names stick, and having appear there once for having a dog license 7 days out of date and being fined £25, I dont have fond memories of the place, the license was 7s 6d.

[Kati]

Re: baliff action pending for sisters estranged husband-help

Let us know how you get on [MENTION=41652]peter p[/MENTION] - and if you do manage to get a copy of the letter, post it up (all identifying info removed of course) :tinysmile_twink_t2:

Kati x

[peter p]

Re: baliff action pending for sisters estranged husband-help

Let us know how you get on @peter p - and if you do manage to get a copy of the letter, post it up (all identifying info removed of course) :tinysmile_twink_t2:

Kati x

Will do Kati, have just googled his business and all I will say is OMG !!!! The quality care commission love him-NOT..

[Kati]

Re: baliff action pending for sisters estranged husband-help

can you find the business easily by googling his name?? If so I'd be wondering why no-one at Marstons have tried it :tinysmile_aha_t:. Wouldn't it make their job a lot easier :lol:

Kati x

[Wombats]

Re: baliff action pending for sisters estranged husband-help

Hope you get things sorted for your sister's sake Peter. I know only too well the pressure having bailiffs in your life can bring - it's not nice. The worry of potentially having them in your life could also cause huge anxiety.

It would be worth your sister phoning NDL and asking them about the guarantor bit so she knows exactly where she stands for the future.

[peter p]

Re: baliff action pending for sisters estranged husband-help

Yes Kati there is all but the last 2 entries on the first google page about him, i wish I had checked that before e mailing Marstons but I did give them the business name and area so it's not rocket science for them to research it.
Wombats, my sister has always been very independent and almost distant from the rest of us so for her to come to me with this she must be very very worried. I dont want to open up the flood gates on the guarantor situation as it seems the original correspondence sent some time ago was in both names but then changed to him only and has remained that way since. I think this is a debt that has been bought by another company and maybe their records dont show my sisters involvement so as it would be easier for them to chase her for the debt I am avoiding that at the moment.

[peter p]

Re: baliff action pending for sisters estranged husband-help


here is the letter, it was in an envelope that said "delivered by hand" and a handwritten date and time on it. The top part of the letter was not very clear and had personal information on it so I have removed it. It had on the top left, a round red logo with Marston beside it. the next line underneath reads High Court Enforcement Officers, and underneath that, & Certified Enforcement Agents. With my sisters estranged husbands name only and her address. On the top right it has Marston address and delivered by hand. I am not sure about this document it does not seem right.
You will also note that the amount says £620 including fines and fees.
the letter does not seem to have posted, dont know why-SEE POST 27 FOR THE LETTER!

[peter p]

Re: baliff action pending for sisters estranged husband-help

http://s1050.photobucket.com/user/cu...&sort=3&page=1 sorry another failed upload of the letter..... but I think the link works. after over an hour of trying.SEE POST 27 FOR THE LETTER>

[ploddertom]

Re: baliff action pending for sisters estranged husband-help

Clicking on the link takes us to a private library with nothing visible. Your better off converting the image to a PDF file and doing it that way.

[peter p]

Re: baliff action pending for sisters estranged husband-help

Clicking on the link takes us to a private library with nothing visible. Your better off converting the image to a PDF file and doing it that way.

I have changed the setting to public now ploddertom if you would like to try that if not will PDf it when I get home shortly.

[BeagleyBailiff]

Re: baliff action pending for sisters estranged husband-help

Try this.

[peter p]

Re: baliff action pending for sisters estranged husband-help

Thank you BeagleBailiff for sorting that out for me.

[ploddertom]

Re: baliff action pending for sisters estranged husband-help

Definitely a Magistrates Court fine then. The trouble you have is that it is for someone who is not resident. In theory this should be simple to deal with but it won't be. You need to contact the Court concerned and advise that as the letter had HMCTS on it you had to open it for xyz reason. There is nothing that says you have to provide the address of the defendant but I assume because of all the hassle this is causing you will. When contacting the Court you will need the Court Manager or Fines Officer.

Marstons on the other hand will just disbelieve you and want to inspect the inside of the property for signs of residence - a seriously bad idea to allow them in. Probably a good idea to have a stat dec done advising he does not live there or have any possessions there but they should look at XXXX address instead.

This matter has nothing to do with any debt owed or the fact your sister stood as guarantor.

[Kati]

Re: baliff action pending for sisters estranged husband-help

Probably a good idea to have a stat dec done advising he does not live there or have any possessions there but they should look at XXXX address instead.

http://en.wikipedia.org/wiki/Statuto...United_Kingdom

"Under the Statutory Declarations Act 1835, the defendant’s declaration can be made before anyone who is authorised by law to hear it (for example, a solicitor), or before any Justice of the Peace. The person who hears the declaration need not enquire into the truth of it. That person’s function is limited to hearing the declaration, and certifying that he or she has done so by signing it. If the declaration turns out to be untrue, the defendant making it may be punished for perjury.."

They cost about £5 and can be done at your local courts or through a solicitor

Kati x