Marstons Removal notice to C/O address. Please help

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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paulkier333
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Joined: 06 Jul 2017 23:02

#1 Marstons Removal notice to C/O address. Please help

Post by paulkier333 » 06 Jul 2017 23:22

Hello
I've been using my mother house as a c/o (care of address) for a few months as I have become homeless. I do not formally live at the address.
A hand delivered notice arrived today from Marstons stating they will return with a locksmith and enter the house to remove goods. This is for a magistrates fine (speeding offence) that I've been unable to pay.
This is not my house! It is my mothers home. I used the address as a C/O address so I could claim benefits and obtain a bank account but it is not my home. I do not live at this address!
I lost my home due to a succession of events beginning with a cancer diagnosis, a marriage breakdown and long term depression.
My mother is away for a few days and she is unaware of this threat of action. She will be furious, scared and it will create chaos.
I feel quite awful this has arrived here. What can I do? Is it legal that marstons threaten to break in?
I'd appreciated any help. Thank you.
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Schedule 12
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#2 Re: Marstons Removal notice to C/O address. Please help

Post by Schedule 12 » 07 Jul 2017 12:34

Did you know learn about the conviction AFTER it took place?

V. Important.

In any case, your parents must make a sworn affidavit. Here is a Template. and hand it to the bailiff if he turns up.

Call police on 999 if they get trouble, and keep a copy of that sworn affidavit.

Any solicitor can swear in an affidavit, take £5 with you and some photo IDF. Make lots of copies of the sworn document.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

paulkier333
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Joined: 06 Jul 2017 23:02

#3 Re: Marstons Removal notice to C/O address. Please help

Post by paulkier333 » 07 Jul 2017 13:04

Thank you Sir.
I was hoping to avoid involving my mother in any of this debacle but if its necessary then I guess I must.
I am trying to pursue a 'means test' hearing under section 85 of the Magistrates Court Act 1980 directly with the court clerk.
However they have fobbed me off to the fines enforcement dept who again claimed that "as it was already with Marstons they cannot intervene.
Apparently this is not the case and I'm told to remain polite but insistent with the court official.
What are your thoughts on this kind Sir?

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Schedule 12
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#4 Re: Marstons Removal notice to C/O address. Please help

Post by Schedule 12 » 07 Jul 2017 13:10

You can't negotiate a means test. They are civil servants following a script. They just mess you about. It must only be done in writing, that way, if you are fobbed off with excuses, you can approach the MOJ for breach of court rules namely Section 165 of the Criminal Justice Act 2003

When did you learn of the conviction?

And run this compliance checklist: http://beatthebailiffs.org/magistrates- ... liffs.html
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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