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leigah

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Post by leigah » Wed Apr 15, 2009 6:42 pm
My partner received a letter from a company called Marsden (or something) which are a court collecting bayliff on Thursday saying they coming tomorrow to remove goods from our home, however everything we own is mine and i have bought and paid for it all, we tried to call over weekend to tell them this so they dont waste a journey - but offices shut due to bank hol. spoke to them today and have been told in no uncertain terms if i cannot prove this tommorow then my stuff will be taken, most of my stuff has been purchased from catalogues years ago i rang these catalogues up and have to pay £5per statement(and theres 55 of them) as they are so old they have been archived!! but that will take up to 4 weeks for them to send them out - which doenst help one bit. He has also been in contact with a different debt agency who are also chasing the same debt - they said to him last week they are willing to make him bankrupt.

any advice please??

also what are they allowed to take - if they are allowed to take anything at all?
 
 

luluj

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Post by luluj » Wed Apr 15, 2009 6:46 pm
Do not answer the door.....if you do say your partner is not available and then close the door. They cannot force entry.
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dand

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Post by dand » Wed Apr 15, 2009 6:48 pm
Hi,

Are you in an IVA currently? if you are there is no reason for this if the aforementioned are any of your creditors assosiated with the IVA.

They cannot force their way into your own home. Especially if you arent there.
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Fox84

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Post by Fox84 » Wed Apr 15, 2009 6:49 pm
I agree with Lulu they are not allowed to force entry so don't answer the door to them! what is the debt for?
 
 

dand

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Post by dand » Wed Apr 15, 2009 6:53 pm
as mentioned, I think we need to establish if you are currently in any form of debt management at the moment?
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plasticdaft

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Post by plasticdaft » Wed Apr 15, 2009 6:55 pm
This is often threatened and rarely carried out(but it does happen),they cannot enter your home if you dont want them to and you do not have to answer the door. Dont waste money ordering back statements.
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leigah

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Post by leigah » Wed Apr 15, 2009 6:58 pm
we are in a debt management plan, however this debt relates to my partners self employed business and has only arisen recently due to him losing contracts due to the recession. he now earns less than half of what he used to so is unable to repay as he should. he has offered 100 a month but this has been refused point blank. seems strange two companys trying to collect same debt?
 
 

Skippy

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Post by Skippy » Wed Apr 15, 2009 8:27 pm
I'm sorry I can't help you as I don't know enough about bailiffs, but I'll bump your post up so hopefully one of the experts will see it x
 
 

hopefull1

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Post by hopefull1 » Wed Apr 15, 2009 8:51 pm
Hi

Has this creditor taken you to court and got a ccj which you have defaulted on if not this is just bully boy tactics from the dca to make you pay more and frighten you.
 
 

David Mond

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Post by David Mond » Thu Apr 16, 2009 3:20 am
Why don't you put labels on each individual item of furniture etc stating "This is the sole property of...."

Get you partner to talk to a DMP provider asap.
Last edited by David Mond on Thu Apr 16, 2009 3:20 am, edited 1 time in total.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
 
 

MelanieGiles

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Post by MelanieGiles » Thu Apr 16, 2009 9:02 am
At the end of the day the bailiff will have to prove that the items being taken are those of your partner and not yours, otherwise you will have to call the police as taking items without the owner's permission is against the law and this is called theft.
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kallis3

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Post by kallis3 » Thu Apr 16, 2009 12:45 pm
If they should call, make sure that all doors and windows are closed and locked.

Bailiffs can enter by this method even if you have refused them entry elsewhere.
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leigah

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Post by leigah » Thu Apr 16, 2009 3:39 pm
Yes they took him to court and they gave him a ccj - he offered the company £100 a month but that was refused. the company said to him today they will return with a locksmith to remove goods and its down to me to prove everything is mine and not his
 
 

mole

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Post by mole » Thu Apr 16, 2009 3:51 pm
That is shocking leigah. Stick the advice on here I'm sure they are scaremongering. I also believe they cannot take, household essentials (beds, sofa, kitchen appliances), nor clothes or any items deemed necessary for your work.

Can I ask, Who the original debt was with?
Phil
 
 

leigah

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Post by leigah » Thu Apr 16, 2009 3:59 pm
it was omega distribution who were my partners wholesalers. I really hope they are trying to scare us because a cannot afford to pay £5 per statement to prove items are mine, my dmp plan doesnt leave me hardly anything each month.
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