Not my debt

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Jay1862
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#1 Not my debt

Post by Jay1862 » 30 Sep 2016 20:44

I have been visited by Marston holding for a so called council court warrant which is for my son. He no longer lives with me and I have no contact with him. The bayliff states that because my son is registered from my house they can force entry by a locksmith and take anything I dont have a reciept for. Is this true can they really do this. Would apreciate any advice.

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Michelle
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#2 Re: Not my debt

Post by Michelle » 30 Sep 2016 21:03

Only warrants for Magistrates' Court fines allow the use of locksmiths, the ones for council tax, CCJs, etc. do not. Is this debt council tax or a County Court judgment (CCJ)?
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Pote Snitkin
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#3 Re: Not my debt

Post by Pote Snitkin » 30 Sep 2016 21:52

Bailiff's seem to be stuck in this mindset that a receipt proves ownership. All a receipt proves is the date it was bought and the price. In any case, who would have a receipt for a TV bought, say, 3 years ago?
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

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Michelle
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#4 Re: Not my debt

Post by Michelle » 30 Sep 2016 21:59

I doubt I'd have any receipts and some items of slightly higher value were inherited, so there would be no receipts for them. I assume this would be fairly common. They also seem to be keen on threatening forced entry, two posts about it in the past hour or so!
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Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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stopbailiff
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#5 Re: Not my debt

Post by stopbailiff » 01 Oct 2016 11:24

Jay1862 wrote:I have been visited by Marston holding for a so called council court warrant which is for my son. He no longer lives with me and I have no contact with him. The bayliff states that because my son is registered from my house they can force entry by a locksmith and take anything I dont have a reciept for. Is this true can they really do this. Would apreciate any advice.
If it's a Magistrate's Warrant, contact the Magistrate's Court and say, your son no longer lives at your address which you believe to be a 'change of circumstance,' and for the Warrant to be removed/ cancelled. Contact Marston's, and the Council telling them the same thing. The Bailiff will argue the technicalities of the law to reinforce his interest. The only remedy you have to argue the law/s in your favour, ie 'change of circumstance.'

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Michelle
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#6 Re: Not my debt

Post by Michelle » 01 Oct 2016 11:57

stopbailiff wrote:
Jay1862 wrote:I have been visited by Marston holding for a so called council court warrant which is for my son. He no longer lives with me and I have no contact with him. The bayliff states that because my son is registered from my house they can force entry by a locksmith and take anything I dont have a reciept for. Is this true can they really do this. Would apreciate any advice.
If it's a Magistrate's Warrant, contact the Magistrate's Court and say, your son no longer lives at your address which you believe to be a 'change of circumstance,' and for the Warrant to be removed/ cancelled. Contact Marston's, and the Council telling them the same thing. The Bailiff will argue the technicalities of the law to reinforce his interest. The only remedy you have to argue the law/s in your favour, ie 'change of circumstance.'
We need the OP to tell us what kind of debt this is before going further. From what was posted above, it could be either council tax or a CCJ, there is nothing suggesting a Magistrates' Court fine, but we need the OP to tell us.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

stopbailiff
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#7 Re: Not my debt

Post by stopbailiff » 01 Oct 2016 12:19

Well, if it were a Magistrate issue...I have provided my opinion on that. If not, well we'll wait and see.

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jasonDWB
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#8 Re: Not my debt

Post by jasonDWB » 01 Oct 2016 12:26

Jay1862 wrote:I have been visited by Marston holding for a so called council court warrant which is for my son. He no longer lives with me and I have no contact with him. The bayliff states that because my son is registered from my house they can force entry by a locksmith and take anything I dont have a reciept for. Is this true can they really do this. Would apreciate any advice.

Get this sworn before a solicitor (fee about £5) take some photo ID with you and keep copies inside your front door.

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