Marston baillifs - please help

[Somecamel]

Re: Marston baillifs - please help

I think this is a very grey area, I've searched and searched for the specifics but have always come up empty. I did find an interesting bit of legislation on what the police' role was when dealing with a distress warrent and it said that they are obliged to help the bailiff. Opens up a whole can of worms. I actually got the Police to agree that they were at my property to only keep the peace under common law however if you have read my experiences the police aided the bailiff to get in.

[gravytrain]

Re: Marston baillifs - please help

I think this is a very grey area, I've searched and searched for the specifics but have always come up empty. I did find an interesting bit of legislation on what the police' role was when dealing with a distress warrent and it said that they are obliged to help the bailiff. Opens up a whole can of worms. I actually got the Police to agree that they were at my property to only keep the peace under common law however if you have read my experiences the police aided the bailiff to get in.

Yes sadly there are the experiences i have encountered.

[Somecamel]

Re: Marston baillifs - please help

Have done a bit more reading up on this regarding the right to entry when you have moved address and didn't receive the summons.

I'm going to stick to my original thinking on this, If once the warrant has been sent to a bailiff the bailiff discovers you have moved address, the warrant should be sent back to the court for the further steps notice to be sent.


The Criminal Procedure Rules 2012 Part 52 as in force on 1 October 2012
Under that Schedule and those Regulations, some enforcement powers may be exercised by a fines
officer.
In some legislation, including the 1980 and 2003 Acts, a warrant to which this Part applies is
described as ‘a warrant of distress’. On the coming into force of the Tribunals, Courts and
Enforcement Act 2007(a), such a warrant will be described as ‘a warrant of control’.]
Exercise of court’s powers
52.2. The court must not exercise its enforcement powers unless—
(a) the court officer has served on the defendant any collection order or other notice of—
(i) the obligation to pay,
(ii) the payment terms, and
(iii) how and where the defendant must pay; and
(b) the defendant has failed to comply with the payment terms.
[Note. See section 76 of the Magistrates’ Courts Act 1980(b); and paragraphs 12 and 13 of
Schedule 5 to the Courts Act 2003(c).]

[Somecamel]

Re: Marston baillifs - please help

Quick Update for those following this- I'm getting a bit obsessed.

Found the Bailiffs twitter feed the other night- on the day she visited she wrote this:-

i love my job! sitting outside defendants house! ****ing him off right on christmas!! boom love it!!
7.47am - 20 Dec 12





Anyway- Was just looking at the warrant- I took a copy- the court sentencing date was 25.5.2012- As far as I'm aware they only have 180 to execute a warrant which which would have made the last day November 21st 2012, is this enforced anywhere?

All the issues are mounting up now and I want to get on and make the official complaint either as a Form 4 or take it up directly with the courts and hope for a form 5.

[ploddertom]

Re: Marston baillifs - please help

The 180 days starts from the day the Warrant was raised regardless of the sentencing date.

[Somecamel]

Re: Marston baillifs - please help

The 180 days starts from the day the Warrant was raised regardless of the sentencing date.

So how do I find out when the warrant was raised?

[ploddertom]

Re: Marston baillifs - please help

If you have a copy it should be on there. I've never seen one but can make a stab at what it says - words to the effect that at XXX Court on YYY you were adjudged Guilty and ordered to pay ZZZ, as AAA is still outstanding then this Warrant has been given to *******, signed Joe Bloggs, date DDDDDD - or similar.

[Somecamel]

Re: Marston baillifs - please help

If you have a copy it should be on there. I've never seen one but can make a stab at what it says - words to the effect that at XXX Court on YYY you were adjudged Guilty and ordered to pay ZZZ, as AAA is still outstanding then this Warrant has been given to *******, signed Joe Bloggs, date DDDDDD - or similar.

I've attached a copy to this post- Looks like something they have designed themselves

[ploddertom]

Re: Marston baillifs - please help

To me I would want to know:
a - why it isn't signed by the Clerk to the Court or other official
b - why it isn't dated
c - why it isn't stamped by the Court

I would be ringing the Court tomorrow morning and asking those questions. To me it sounds as if this is done purposely to prevent the debtor gaining information they need.

[rachel4117]

Re: Marston baillifs - please help

After reading the numerous complaints about the marston group, it was good to see that im not alone! i originally had two parking fines which have now grown into nearly £700 i have been a carer and lived in my grandfathers property and stupidly let these fines splip by, i have moved out and told them that i have but they insist on me paying nearly £200 off the one debt and £170 off the other with no negotiation as i am now living with my partner in his home! i have been paying them small amounts each month but i had a phone call today saying thanks for the TOKEN payments but the enforcement is still on the address i explained i didn't live there any more and its not my house but they said unless i pay £62.00 a fortnight out of jsa they will send bailiffs to my gramps home bearing in mind he is 91 years of age and unwell. she also mentioned removing my car and contacting the job centre for my details i thought i had rights of confidentiality is this allowed? as i have been paying them something as little as it is! they are the most unprofessional company and very intimidating! who can i write to to complain and do they have to accept the payments i have made so far.
where is the law in this country and how can these shocking bailiff fees be allowed!

[Somecamel]

Re: Marston baillifs - please help

After reading the numerous complaints about the marston group, it was good to see that im not alone! i originally had two parking fines which have now grown into nearly £700 i have been a carer and lived in my grandfathers property and stupidly let these fines splip by, i have moved out and told them that i have but they insist on me paying nearly £200 off the one debt and £170 off the other with no negotiation as i am now living with my partner in his home! i have been paying them small amounts each month but i had a phone call today saying thanks for the TOKEN payments but the enforcement is still on the address i explained i didn't live there any more and its not my house but they said unless i pay £62.00 a fortnight out of jsa they will send bailiffs to my gramps home bearing in mind he is 91 years of age and unwell. she also mentioned removing my car and contacting the job centre for my details i thought i had rights of confidentiality is this allowed? as i have been paying them something as little as it is! they are the most unprofessional company and very intimidating! who can i write to to complain and do they have to accept the payments i have made so far.
where is the law in this country and how can these shocking bailiff fees be allowed!

I don't know a lot about parking fines I'm afraid, but my first advice would be to go to the court and ask for a means enquiry hearing. Dont let them fob you off.

JSA is what £70 a week? How can they expect you to pay near on half of this to them.

Have you told them your new address?

[bluebottle]

Re: Marston baillifs - please help

From what I have seen of the document Marstons have sent Somecamel, it looks very much like something they knocked up on Microsoft Word when they were bored. It is total bulls**t and I have very grave doubts it has any force in law. I agree totally with what Ploddertom says in his post and I would certainly be asking questions as to what the hell is going on. Certainly, the HMCTS Enforcement Manager for the court involved needs to be put on the spot and the HMCTS Regional Contracts Manager needs to be made aware of what is going on. Marstons' contract is up for renewal this year. Let's help them ensure they do not have their contract renewed. Their bailiffs are completely out of control and their management seem unconcerned. Asking the OFT to consider using their powers to bring about the compulsory winding-up of the company in the public interest is something that should and must be considered.

[Somecamel]

Re: Marston baillifs - please help

Sent my complaint into marstons today, awaiting a response from the police, sent my complaint via the commissioner who passed it to the chief constable, have been told it's currently with the 'police standards department' or the like. Also waiting back from the data protection department as I've requested a copy of the officers notes to the incident.

My next question, TV licensing are at the top of the chain of this sorry affair, I've since moved house (Misses worried about further visits) so assume that I should contact them and inform them of my move so they don't issue a summons to the old address and I get another visit in 12 months time from Marstons, however, surely they also hold some responsibility for this as they were the petitioner for the magistrates court complaint which led to all this.

As a side note, made a decision on moving home to do away completely with the receiving of a television signal by any means when it's broadcast live so no more TV License. Was a great conversation with Sky as well when I cancelled that.

[CleverClogs]

Re: Marston baillifs - please help

I'm afraid the decision to take action against the police officers involved is not something you will have control over, Somecamel. This will be a decision for the Chief Constable or, more likely, the IPCC. In cases where police officers are found to have committed criminal acts during the course of their duties, the matter has to be referred to the IPCC. As previously stated, it is likely these police officers will lose their jobs. I would be very surprised if they didn't.

Why?

http://www.dailyrecord.co.uk/news/sc...ficers-1166039
http://www.bbc.co.uk/news/uk-16383538

[bluebottle]

Re: Marston baillifs - please help

Thanks Plodderton, got a bit lost with your first link but managed to find the information here http://www.legislation.gov.uk/ukpga/...edule/5/part/9

Lots to read so I'll be back

@Gravytrain Bailiffs collecting under a magistrates fine (which TV licence is) can force entry under some obscure rules via Schedule 4a of the domestic violence , crime and victims act.

They don't normally do it, I just grabbed this paragraph from http://www.legislation.gov.uk/ukpga/1980/43/schedule/4A which may answer your question

Entry to execute warrant of arrest etc

2

(1)

An authorised officer may enter and search any premises for the purpose of executing a warrant of arrest, commitment or detention issued in proceedings for or in connection with any criminal offence.

(2)

The power may be exercised—

(a)

only to the extent that it is reasonably required for that purpose; and

(b)

only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.

(3)

In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—

(a)

any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and

(b)

any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.

Entry to levy distress

3(1)

An authorised officer may enter and search any premises for the purpose of executing a warrant of distress issued under section 76 of this Act for default in paying a sum adjudged to be paid by a conviction.

(2)

The power may be exercised only to the extent that it is reasonably required for that purpose.

In practice, the bailiff has to show it is necessary and obtain authorisation from the court to do so. Obtaining authority from a bailiff company or the bailiff taking it upon themselves to force entry is out. The court is there - or supposed to be there - as a safeguard against abuse.