Marstons bailiff - help needed

[monkeyling]

Hi All
Im new here, my first post, hopefully its in the right place.
I will keep it brief.
A bailiff called at my mums asking for me a few weeks back. My Mum told him i dont live there and live overseas and have done for 10 years.
The bailiff proceeds to tell her all tge details of an alledged csa debt of 54k!
Discussing in depth the debt and what it was all about. Further more he continues to tell my Mum that if what she tells him is true then a warrent will be issued for my arrest and i will be jailed as soon as i enter uk and will have my passport revoked!
Now my mum is 82 years old and was obviously distressed by this.
From what i know the bailiff should not be discussing my personal info with her anyway, but i am more concerned that these bullies caused distress to my old lady.
Everthing she told tgem is true. I have never resided at my mums current address and have lived outside uk for over 10 years. When i do visit i stay at my mums or brothers in scotland.
Iwrote to marstons and they say they have lost or failed to record the visit and it would appear to be our word against theres.
Is there anything we can do?

Thanks in advance for any advice

[monkeyling]

Re: Marstons bailiff - help needed

Well i was hoping for a better response?
Marstons are basically saying they have done nothing wrong. After distressing my mother and sharing my personal info. Must be something i can do ?

[enaid]

Re: Marstons bailiff - help needed

Hi monkeyling am so sorry your post seems to have been missed, I will see if someone can reply to you soon.

In the meantime if you have not already done so please read the info on here http://www.legalbeagles.info/forums/...erability-quot it may help and put your mind at rest.

[Johnboy007]

Re: Marstons bailiff - help needed

Hi,
The law is quite clear on discussing your person details with a third party.
Bailiffs are not allowed to do this and are in breach of the regulations.
Write to Marstons stating that any visit by them to your Mother's address, will constitute harassment.
Tell them that they are in breach of the Data Protection Act 1998, by discussing your details with a third party.
If you think your data has been misused or that the organisation holding it hasn’t kept it secure, you should contact them and tell them.
If you’re unhappy with their response or if you need any advice you should contact the Information Commissioner’s Office (ICO).
ICO helpline
Telephone: 0303 123 1113
The ICO can investigate your claim and take action against anyone who’s misused personal data.
You can also visit their website for information on how to make a data protection complaint.
:tinysmile_grin_t:

[Kati]

Re: Marstons bailiff - help needed

Well i was hoping for a better response?
Marstons are basically saying they have done nothing wrong. After distressing my mother and sharing my personal info. Must be something i can do ?

Sorry for the lack of response [MENTION=52773]monkeyling[/MENTION] :tinysmile_cry_t:

I do believe that complaints are in order. As [MENTION=50162]Johnboy007[/MENTION] says, the ICO is a good place to start, but you should also have a read of this link http://www.marstongroup.co.uk/enquir...e-a-complaint/

Stage 1 complaints: Problem solving

We will try to address and resolve your complaint in full at this initial stage.
The best people to sort out most problems are often those who provide the service and so we will speak with you first and then with them to ensure all views are obtained.
We will write to you within three working days to let you know that we have received your complaint. In the letter we will let you know who is dealing with your complaint and the date by when you should receive a response.
We aim to respond within 10 working days. If there is any reason why we can’t, we will contact you and let you know when to expect our response.

---

Stage 2 complaints: Investigating

If you are not happy with the outcome of Stage 1, you can take the matter further. We will include details of how to do this in your Stage 1 response letter.
At Stage 2 your complaint and how we dealt with it will be investigated by our Group Legal and Governance Director who, where possible, will have had no previous involvement with your complaint.
Again, we aim to respond within 10 working days or we will contact you and let you know when to expect our response.

---

Stage 3 complaints: Independent review stage

If you are still not satisfied after the Stage 2 investigation, you can ask for your complaint to be considered again by two independent members of the Marston Advisory Group.
The independent members will carry out an impartial review of your complaint.They aim to respond within 20 working days. If there is any reason why they need more time, they will contact you and let you know when to expect a response.

There are email addresses for each section of the Marston group, an online complaints form, a fax number and a postal address on the linked page too.

Kati x

[wales01man]

Re: Marstons bailiff - help needed

You and Mum must make formal complaints to Marstons and the Creditor .
Its your choice whether to try and pay the money IF you agree its owed Marstons will try a wriggle out of this I would expect as your mother is her age that they will say she is mistaken and they never said anything to her remember they are at times the lowest of the low and threats of ICO will not deter their Lies

[Kati]

Re: Marstons bailiff - help needed

Also - I'd suggest keeping notes of everything.

Record all phone calls/visits (if at all possible), send letters (keeping copies) recorded/signed for (costs less than £2) etc....

[monkeyling]

Re: Marstons bailiff - help needed

Thanks for the advice.
Im overseas and corresponding via email with Marstons. We have exchanged 12 emails so far and in the last one they admitted that they had shared my personal info with my Mother and that by advising her of the alleged sum owed and that the next step would be for an arrest warrant to be issued must have caused her great distress.
They went on to offer their apologies and offered to write to my Mother with a formal apology.

All well and good however, I wanted to ask if we are in a position now to seek compensation for this?

PS. The csa are sending me all info they hold on file about me which should highlight their many errors. Having lived outside UK for over 10 years the figures are certainly incorrect.

Thanks again

[Kati]

Re: Marstons bailiff - help needed

You may be entitled to compensation ... have a look at the ICO website for further info

If an individual suffers damage because you have breached the Act, they are entitled to claim compensation from you. This right can only be enforced through the courts. The Act allows you to defend a claim for compensation on the basis that you took all reasonable care in the circumstances to avoid the breach.

[monkeyling]

Re: Marstons bailiff - help needed

You may be entitled to compensation ... have a look at the ICO website for further info

Just an update for those interested.
I spoke to ico who advised that I would need to prove the breach. Marstons in a further letter are denying my personal info was discussed. If that were the case how would my mum know all of the details? Seems common sense to me.
Also Marstons are sending my Mum some flowers by way of an apology for the distress caused!

I advised them to continue through their internal complaints procedure for what it is worth.

Any advice on the best way forward now?

Thanks

[monkeyling]

Re: Marstons bailiff - help needed

Heres a further update,
The stage 3 procedure has been completed. They say they cant uphold the complaint. Refusing further correspondence saying that they wont even consider it as i dont have a UK address and that Marstons only deal with complaints arising in UK!

Any ideas ?

[Amethyst]

Re: Marstons bailiff - help needed

Does your Mum have a UK address and can she make a complaint ?

[monkeyling]

Re: Marstons bailiff - help needed

Well yes, that was the whole basis of the complaint, that Marstens called upon my Mums address causing her distress and sharing my personal info which breached the data protection act.
Its been many Months now and it would appear to be a stalling process they have in the hope that you will give up and go away.
Ive got a sworn statement from my Mum but the complaint was made by me via email.

[Amethyst]

Re: Marstons bailiff - help needed

That's what I thought, so would the ICO take the complaint from your Mum if they won't take it from you as you happen to have an overseas address at the moment... sounds like a bit of a cop out.

[monkeyling]

Re: Marstons bailiff - help needed

Okay thanks i will give that a try. I didnt want to cause her any more distress as shes 81 now.