Visit fromMarstons EA - Debtor (my stepson) doesnt live with us

[arcaic]

This morning I had a visit from a Marston EA. I was at work and my partner didn't hear the bell so the EA left a card.

 

The cards is for the attention of my stepson (Ben) who hasn't lived with us for over 10 years but as he moves around a lot often gives are address for post etc... He has no room or property of value in the house (just a few items of clothing etc..)

 

The card states they called today to execute a warrant of control by Hertfordshire magistrates court. The debt is for £640

 

I rang the mobile number on the card to explain that Ben doesn't live with us and has no property of value in the house and the man said it doesn't matter and he will be back in an hour and a half with a locksmith and police and will take goods to cover the debt.

 

Can he really do this? The house is mine and my partners as are all the possessions in it.

 

I've left work to come home but am sitting here not at all sure what I can do if they do return.

 

How do I prove someone doesn't live here? How do I prove any items in the house are not Ben's? I'm concerned that if I go back to work they will break in and I'll come back to the house with a bunch of stuff missing.

 

I have contacted my stepson and he said he didn't know what this was about. I treid to talk to the court but they wont tell me anything (or do anything) because I'm not the debtor.

 

Any advice would be very much appreciated.

 

Many thanks

 

Andy

[mikeymack2002]

Get copies of your CT bill and then send this to the Court to show your step son does not live with you are at the address. If they then look for him then that's up to them.

 

 

The WoC allows an EA to gain entry by force if they believe the debtor lives there. As this is not the case then you need to act quickly to stop this. Contact the Courts ASAP...

[unclebulgaria67]

Get copies of your CT bill and then send this to the Court to show your step son does not live with you are at the address. If they then look for him then that's up to them.

 

 

The WoC allows an EA to gain entry by force if they believe the debtor lives there. As this is not the case then you need to act quickly to stop this. Contact the Courts ASAP...

 

Unfortunately it appears that the courts and EA's in these family situations are not concerned who pays the amount outstanding. Be prepared for the EA to try to get you to pay the amount or face having items taken from the house. There have been a number of such situations reported on CAG.

 

So if you want to stop this, you need to urgently address this with the court, as already advised. You can also swear a statutory declaration that all property at your address are owned by you and other who you list. Nothing belonging to Mr x is at the address.

 

If you mention anything about any clothes of his at your address, the EA will want to come into the house to have a look. Never wise to let an EA in.

[arcaic]

Can any solicitor do a statutory declaration? What do I do with it once I have one? Take it to the court? Show it to the EA?

 

The court won't deal with me over the phone as I am not the debtor. The court is 75 miles away from where I actually live.

 

Many thanks for replies so far.

 

Andy

[Homer67]

Do not open the door to them, make sure all entrances and windows are shut, if they can gain peaceful entry they will.

 

I'm sure they cannot force entry (with a locksmith) unless this is an eviction, others with more knowledge will come along and advise.

 

Do the statutory dec swear at a local solicitor, open a window, tell them your step son does not live there and has no possessions there and give them the stat dec. You can show them a COPY of your council tax bill if your step son is not on it.

 

If they become aggressive call the Police, do not let them in either though as the bailiffs may enter with them!

[unclebulgaria67]

Can any solicitor do a statutory declaration? What do I do with it once I have one? Take it to the court? Show it to the EA?

 

The court won't deal with me over the phone as I am not the debtor. The court is 75 miles away from where I actually live.

 

Many thanks for replies so far.

 

Andy

 

You can go to your nearest Magistrates or a local Solicitors.

 

You should tell your step son to stop using your address for anything. He is not contactable directly, so should not use it.

[unclebulgaria67]

Do not open the door to them, make sure all entrances and windows are shut, if they can gain peaceful entry they will.

 

I'm sure they cannot force entry (with a locksmith) unless this is an eviction, others with more knowledge will come along and advise.

 

Do the statutory dec swear at a local solicitor, open a window, tell them your step son does not live there and has no possessions there and give them the stat dec. You can show them a COPY of your council tax bill if your step son is not on it.

 

If they become aggressive call the Police, do not let them in either though as the bailiffs may enter with them!

 

They can force entry for a criminal fine outstanding. But they normally try for peaceful entry and should not break into an unoccupied property.

[renegadeimp]

Stat Dec goes to the court and a copy to the |EA. Once the EA had a copy they must go to the court for further instructions.

[i hate bailiffs]

Tell you step son to deal with this it will never go away unless paid

[brassnecked]

He should contact the court and tell them he doesn't live there.