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Posted: Wed Apr 15, 2009 6:42 pm
by leigah
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ago i rang these catalogues up and have to pay £5per statement(and theres 55 of them) as they are so old they have been archived!!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?

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

Posted: Wed Apr 15, 2009 6:48 pm
by dand
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.

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

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

Posted: Wed Apr 15, 2009 6:55 pm
by plasticdaft
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.

Posted: Wed Apr 15, 2009 6:58 pm
by leigah
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?

Posted: Wed Apr 15, 2009 8:27 pm
by Skippy
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

Posted: Wed Apr 15, 2009 8:51 pm
by hopefull1
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.

Posted: Thu Apr 16, 2009 3:20 am
by David Mond
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.

Posted: Thu Apr 16, 2009 9:02 am
by MelanieGiles
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.

Posted: Thu Apr 16, 2009 12:45 pm
by kallis3
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.

Posted: Thu Apr 16, 2009 3:39 pm
by leigah
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

Posted: Thu Apr 16, 2009 3:51 pm
by mole
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

Posted: Thu Apr 16, 2009 3:59 pm
by leigah
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.