Marston Notice of Seizure Urgent Advice needed

[tomtubby]

All the Statement of Fact details is the historical record process of what documents they sent to me and the fact that I hadn't responded to them not much else really. I can copy and post this taking out all the identifiers if it helps.

This would really help.

[Bigfishnet]

This would really help.

 

Here you are thanks again.

 

Any comments would be much appreciated

Statement Of Truth.doc

[ambershadow]

Last Friday evening a bailiff from Marston turned up and handed me a Notice of Seizure showing my car parked on the drive and the sum of £544.71 (on a first visit!!!) with NO breakdown of costs just the Total Amount Due Today filled out.

 

He offered to reduce this amount by approximately £100 if I settled there and then.I refused, he left saying he'll be back on Monday.

 

I told him that I was still in dispute with Hackney about this and was waiting a response to my challenge/appeal which I had not received.This does go back to March this year and is a bit of a long story.

 

On Monday he returned with another person who never introduced himself.

 

I asked him to leave a number of times but he stuck his foot in the door and refused to move it. After about 10 mins of me standing in front of the open door I phoned the police

 

Now I am quite a big guy at 6'5" but have never used violence unless defending myself so physically I did not do anything ,rather hoping that the Police would ask him to leave......surprise surprise they didn't they were only there to make sure a breach of the peace did not take place.

 

I specifically told the Officers concerned that I did not want him in the house and had have asked him numerous times to leave. They said he was going about this lawful business.

 

I said to them he was attempting an illegal entry.They said he had a Warrant

 

I said it did not allow him to enter my house. They did nothing.This went on for around 30 mins me inside with one Officer and him outside with another

 

Now all this time my wife was in our living room keeping our rather large dog quiet until she could stand it any more and came out in tears, I was still fuming.

 

Eventually, and I'm not quite sure how it happened as I was in another room with one Officer. The door was left open by the Police and the Bailiff stepped "announcing I am entering the premises".

 

With my wife in floods tears and the dog barking me in another room I was powerless to stop him coming in.

 

He started completing an Inventory.He eventually finished and left me with a Goods Inventory to sign and the bill which now had gone up to £631.57 again with absolutely NO breakdown of costs.This I did sign on the front.Written by in hand b the Bailiff is Friday 14.00 for payment.

 

He would not leave me with a copy of the Warrant (does this have to be stamped by the Court because his wasn't). Apparently he told the Police it doesn't have to be all he needs is knowledge of a Warrant.(is this true or is it a bluff?)

 

I have NOT signed the Official Walking Possession Agreement on the back of the Notice of Seizure and neither has he, only the Goods Inventory.

 

There are a few items on the Inventory that are not mine and can be provedas such, they are from my wife's grandmothers inheritance (a cabinet and plates etc...not of any huge value mostly sentimental)

 

He has noted down my PC which as I work as a self employed IT Consultant I told him was a tool of my trade, all he said was that he is allowing me the chance to download everything to CD. This I find quite amusing as there is about a Terabyte of data stored which would take about a month to burn to a room full of CD's (I am exaggerating a bit here)

 

So where do I go from here?

 

I have completed the Statutory Declaration Out of Time for TEC and this will get sent to them today.Will this stop the action proposed on Friday even for a short time?

 

Do I have an recourse for the actions the Bailiff took when entering, in my opinion illegally and non peacefully?

 

Do I have any recourse that the Police unwittingly aided and abetted him in his actions?

 

If his actions are indeed illegal does this mean that the whole process is now null and void?

 

Help PLEASE I have a bit of time but not a lot

 

 

 

 

 

When you do your out of time dec pleae make sure you have a hard copy in your house ready as I left mine with my solicitor AND the bailiffs came at 5.30 am I had no time to get the form to show them