Hello everyone......bailiff problems

[loopylin]

I've been paid a visit from Marstons bailiffs to collect an unpaid speeding fine from my ex-partner who hadn't been living with me for over 6 months. Having nothing to hide I let him in.....big mistake. He used the fact there were 4 toothbrushes in the bathroom when there was only me & my two kids living here as evidence that I was lying when I said he didn't live at this address. He then proceeded to intimidate me into giving him £550 or he would seize goods to the value of £750 (including my works laptop)
Surely this can't be right. I'm a single mum, the victim of domestic violence whose ex-partner has skipped bail and left the country yet I'm accountable for his unpaid speeding fine.
Does anyone have any advice as I need to get this money back.

Thanks

[labman]

Re: Hello everyone......bailiff problems

I am really sorry to hear of your problems. There is no doubt the treatment you suffered at the hands of this bailiff was wrong.

Have a read of this:

Bailiff Guide - Legal Beagles Consumer Forum

It will give you more idea of what is legitimate, and give you a way forward in terms of making a complaint.

[Celestine]

Re: Hello everyone......bailiff problems

Hi loopylin

When did this bailiff visit occur?

I ask because you asked for help back in March for an identical issue?

Endless - Legal Beagles Consumer Forum

What has happened with this?

[loopylin]

Re: Hello everyone......bailiff problems

Hi there,

Yes....sorry. I couldn't find the original post so thought I'd not submitted it. I'm still finding my way around the site and expected a notification if someone posted to the thread....my mistake.

The saga is still on-going. My complaint against Marston Group has just been rejected for the third time so I've written to the ACEA. From their correspondence it appears that their officer is being far from truthful in his version of events, even misquoting what I have said so it looks like I've broken my ex-partners restraining order and had contact with him after the third arrest.

If it gets rejected by the ACEA I don't know where to go next. I need to believe there's some justice in this mad world but I'm beginning to lose faith.

[labman]

Re: Hello everyone......bailiff problems

Hiya,

Have a read of this:
FAQs

It tells you the ultimate point that ACEA will stop at and what can happen after that.

Hope it helps!

[loopylin]

Re: Hello everyone......bailiff problems

Thanks for that. My understanding is that if the ACEA rules in favour of the bailiffs I will not be allowed to pursue the matter any further so I'm relying on them to take my word over the bailiff who visited my property. Surely the onus should be on Marston Group to provide evidence that can substantiate their claims? If this isn't the case it's a forgone conclusion that they will not upheld my complaint

If I decide to pursue the matter through the courts I'm liable for legal costs even if I win so that's not an option as solicitors fees will probably outweigh the money I could claim back from Marstons.

Seems it's a win-win situation for Marston Group.

This can't be right surely

[labman]

Re: Hello everyone......bailiff problems

Where do you get the bit that you are liable for costs even if you win if it goes to court from? I may well be missing something, but at a scan I can't see that.

[ploddertom]

Re: Hello everyone......bailiff problems

Is it possible you can explain exactly what complaint you are pursuing against Marstons and/or the Bailiff concerned?

[loopylin]

Re: Hello everyone......bailiff problems

I originally asked for some advice from a solicitor and they weren't interested as the told me their fees would be in excess of the £550 I was trying to get refunded. Maybe I misunderstood but I took that to mean it would still cost me even if I had my complaint upheld.

The complaint I'm pursuing is that I should not have been liable for my ex-partners speeding fine and the methods used to obtain the money from me were intimidatory when, as a single female I should have been classed as "vulnerable". The bailiff was not interested in any evidence I could provide to show that my ex-partner had not been living at my address for over 6 months. He did not ask for a single occupancy council tax bill and it never crossed my mind that this could prove my case. He used the threat that the removal van was on its way and if I didn't pay they would seize goods to intimidate me into paying.
The list of complaints goes on but the bottom line is I should not have been forced to pay someone else's debt. Any honest person would know that there was no man living with me if they made a tour of my house and I'm pretty sure he did too

[labman]

Re: Hello everyone......bailiff problems

OK - that's an extremely helpful summary, thank you.

I assume you've followed all correct procedures to date, sending a SAR, exhausting internal Complaints Procedures, involving the council (and often your Councillor or MP is useful at this stage), sending a Form 4 complaint?

Have you done all this? If not, what have you not done?

You say your complaint has been rejected for the third time - what form did this complaint take?

You also say you've already written to ACEA. It is a shame you didn't post before doing this, but you didn't so we move from where we are at.

Have you read this:

Complaints procedure for ACEA

It is important that from here on this is followed to the letter as it does give you another crack of the whip if they turn down your initial complaint. If this does happen, I would suggest strongly that you post back here before taking any other steps so that people can offer their advice and opinions on your best way forward.

It is a nuisance and frustrating that it is such a long, drawn out procedure, but these procedures are there to protect everyone.

[ploddertom]

Re: Hello everyone......bailiff problems

I don't doubt they are arguing the case that you paid this "voluntarily" and that now payment has been made anything else is just tough. Have you complained to the Court where this originated from?

[loopylin]

Re: Hello everyone......bailiff problems

Sorry but this incident has got me so riled up I can't think rationally.
To date all I've done is go through the complaints procedure with Marstons and it's just been rejected at the final stage. I've been advised to write back to them and tell them I am pursuing this through the ACEA and also intend to submit a Form 4 to the courts and write to my MP
I have actually written to the ACEA...the letter was posted yesterday but I haven't as yet submitted the form 4
They have said at stage 2 that payment was made voluntarily but I hardly think being left with no option constitutes voluntarily.
The courts are aware of my complaint as I have copied all correspondence to the person responsible for debt enforcement there

Should I carry on and submit the Form 4 or wait for a response from Martsons?

[labman]

Re: Hello everyone......bailiff problems

Normally a Form 4 complaint should only be submitted after all other avenues have been exhausted.

A horrible situation for you!

[loopylin]

Re: Hello everyone......bailiff problems

Thanks for that.
So I should wait until I've gone through the complaints procedure with the ACEA? At least there's another option if I get no joy through them even if it does prolong the agony
I'll post back when I receive a reply