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Marston Group Bailiffs: What Are Your Rights?

10 June 2019 - Posted by TalkAboutDebt

Are you dealing with Marston bailiffs? This article explains your rights when dealing with Marston Group bailiffs and how to stop them.

 

Marston Group refusing payment plan, what should I do?

 

The thing about payment plans is they are only effective if your creditors agree to them. If they don’t there is nothing to stop creditors taking further action. If the payment is late and this has resulted in the bailiffs being sent out, this isn’t acceptable and you should raise this with your payment plan provider.

 

If you are at the stage where the bailiffs have already come and taken some items and they have followed the correct procedure then they are within their rights to not accept a payment arrangement at this stage. They are unlikely to accept anything other than full payment now that your items have been removed. Please be aware that the next step for Marston would be to seek to sell your items, but they must give you 7 clear days’ notice before they do this. You may want to consider whether there are any other family or friends who might be able to give or lend you the money.

 

For more information, please see our article on complaints about bailiffs.

 

Can Marston bailiffs force entry?

 

The enforcement agent can only enter premises where the debtor lives, so they cannot enter someone else’s house. Furthermore, if you are not the debtor, you must tell the bailiffs that the debtor doesn’t live there so they are aware of this. You should also provide them with proof that the debtor does not live at your address and if possible provide the actual address of the debtor.

 

Bailiffs do have the power to enter where you live as they are collecting for a court fine. But usually, they would prefer to enter by consent. We can only advise that you take the matter up with the court directly and explain the circumstances and the fact you are willing to pay the outstanding sum in instalments.

 

For more information, please read this article: Can a bailiff enter my property?

 

How to stop Marston bailiffs?

 

If you want to get rid of Marstons bailiffs, it is the same process of stopping any bailiff. The simplest way is to just make your payments. However, this is not always simple or easy. Therefore you should remember the following:

  • Never let a bailiff into your home. Try speaking to them through the letterbox or over the phone.
  • Lock your doors and windows: Bailiffs are allowed to come through opened doors, gates and windows.
  • Sometimes the bailiff may have the right to force entry using a locksmith. This is highly unlikely and you should have a chance to pay them before.
  • If you feel threatened by a bailiff, call the police.
  • Always get proof of who they are. If they say they are a debt collector, ask them to leave. As these are different from bailiffs.
  • Ask for their ID or badge, as all bailiffs must carry these around.
  • Tell the bailiffs to pass any documents through the letterbox.
  • Ask the bailiff what company they are from and what their contact number is.

 

Please note, if you are not the debtor then a bailiff should not be entering your property.

 

What can Marston bailiffs take?

 

Marston bailiffs are like any other bailiffs. They can not take any of the following items:

  • Items belonging to someone else (not the debtor)
  • Pets
  • Tools, vehicles, equipment required for work or school (up to £1,350)
  • A vehicle displaying a blue badge
  • Items required for basic domestic needs (i.e fridge, cooker, phone etc.)

 

For more information please read this article: Can bailiffs take my belongings?

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