Marston Group Ltd - Distress Warrant

[kyh]

Marston Group Limited
Advice needed please.This morning out of the blue we had a man from the above company come with a "distress warrant" from the local courts for a "motoring offence" dated 1/12/2009 (he stated this was a re- dated offoence and could be anything). I have had no prior notification of this by telephone or post although his record stated that there was something sent in Feb 10 and a hand drop letter in Aug 10. This warrant was in my maiden name and for a previous address (haven't lived there for 2 1/2 years, have been married for over 3 years)I have no idea what this was for but my husband and I think it may relate to a period of unpaid car tax about 3-4 yrs ago when I first stopped driving - I thought I had paid this!! I haven't driven a car for 3 yrs now as I have a long term medical condition which is currently causing me balance/ vertigo type problems. I have chosen not to drive not had my licence revoked and because I want to get back on the road in the future have not handed my licence back in. I do have Doctors records I could access which state I am not driving currently as I know it is on record that I have this problem currently.I felt I had to pay this fine even though I was unsure what it is for as he said he only had an hour before he could bring the baliffs van to the property to remove goods, I am 7 months pregnant and can do without that additional stress. We are now in a position where although I have paid it we couldn't really afford to and will have to look at selling some things to get the money back for this month. I have been through a long period to get debt free and now budget quite tightly to ensure we have money for the month. Does anyone have any idea what I should do now - can I apply to the courts for further information and try and claim this money back? I guess I am going to get told I shouldn't have paid but I didn't know what else to do at the time!

[TUTTSI]

Re: Marston Group Ltd - Distress Warrant

Hi Kyh

Please find here the Bailiff guide http://www.legalbeagles.info/forums/...ad.php?t=14113

It is possible if you paid they have have over charged you. Were you absolutely sure that he was a certified bailiff?

Have read of the guide and if you have any questions pop them up here and we will try and help you.

Tuttsi

[kyh]

Re: Marston Group Ltd - Distress Warrant

I have just started reading through the guide and decided to check - I am very concerned now as although his badge appeared "genuine" - in date, correct photo etc - according to the certificated balliff register his expired 29/09/10 - his badge said 29/10/10 - I remember looking at it to get his name and number as I thought I might need it!
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I also think they have overcharged me but I will need to submit at SAR for this is that correct?

I feel awful, as most people have at the moment I have enough going on in my life without needing this especially with being so heavily pregnant! I just want to cry!

[TUTTSI]

Re: Marston Group Ltd - Distress Warrant

Kyh, take a deep breath and follow the instructions in the guide as to what your next course of action is. We have had many that have got back money overpayments which was demanded. Also, you will need to check if what you have paid for actually was yours.

Everything hun is capable of being sorted.

Marstons are one of the worst so no no doubt there will be some wrongs to put right.

Tuttsi

I have just started reading through the guide and decided to check - I am very concerned now as although his badge appeared "genuine" - in date, correct photo etc - according to the certificated balliff register his expired 29/09/10 - his badge said 29/10/10 - I remember looking at it to get his name and number as I thought I might need it!
------------------------------- merged -------------------------------
I also think they have overcharged me but I will need to submit at SAR for this is that correct?

I feel awful, as most people have at the moment I have enough going on in my life without needing this especially with being so heavily pregnant! I just want to cry!

[kyh]

Re: Marston Group Ltd - Distress Warrant

Ok have drafted this from a template letter - is it ok? this has made me really angry - he made me so frightened even though my husband was here.

Dear Sir/Madam

Data Protection Act 1998 Subject Access Request

I was visited by Mr S Brown reputedly representing Marston Group Ltd on 2 Oct 2010 and was pressured into paying the sum of £526 for an alleged motoring offence dated 1/12/2009. I have checked the Certificated Bailiff Register on 02/10/10 and it appears Mr Stuart Brown may have worked for you however his registration from Hertford County Court expired on 29/09/10. If this is the case then this could be classed as illegal distress, which is a criminal offence.

The bailiffs showed a Distress Warrant in my maiden name, which has not been used since 2007. Their approach was to verbally bully me into paying. I mentioned that by paying the bill, I would be left without any money and their response was that they were in possession of a warrant to enter my house by any means and would take goods and I would have further fees to pay. At this point, not knowing the procedure and my rights, I paid. I am currently 7 months pregnant and had my 5-year-old child in the house; I did not want to expose her to the distress I was feeling.

Further as I explained during the visit I have not driven since mid 2007 for health reasons and have medical documentation I can access which would prove this.

Accordingly, kindly provide full and complete copies of any and all data you hold which relates to me and my entire history with your company. I have enclosed the statutory maximum of £10.

For the avoidance of doubt, take note that the enclosed cheque is payment for the fee relating to my Subject Access Request only and not a payment of any other kind or to be used for any other purpose. If you do not require a fee in order to process my Subject Access Request then kindly return or destroy my cheque.

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I may have had or may still have with your company.

1. Computer screen notes relating to the conduct of my account
2. Computer screen notes relating to transactions that have gone through my account
3. Internal messages or notes relating to the conduct of my account
4. Internal messages or notes relating to transactions that have gone through my account
5. Recordings of any telephone conversations, whether internal or external, relating to my account
6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account
7. Copies of letters relating to my account
8. All information relating to litigation that has taken place on my account
9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item
10. Copies of all reviews conducted relating to my account
11. For any cost which relates to an attendance fee, kindly state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the relevant bailiff obtained his or her certificate
12. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit
13. Copies of any and all documentation issued to me or left at my property after each visit was made including details of the date and precise time of the visit and the charges incurred; this must include the name of the bailiffs who attended
14. A copy of the in date Certification for Mr S Brown number 2616.

I trust that the above is clear and should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel.

As detailed above, I have enclosed the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you visited me at and at which your bailiffs relieved me of the sum of £526.

Yours faithfully


Name Block to go in here

cc. HMCS Thames Valley

[kyh]

Re: Marston Group Ltd - Distress Warrant

Having now had chance to read some other posts on here it looks like I am going to have a slog to get this back but a couple of things he said which I can now see were not true.

He stated he could not leave the premises once he had arrived - he claimed he had GPS on his phone and his employer could track him - luckily didn't let him into house only spoke to him out on patio. I guess this was just one of their bullying tactics.

Unfortunately he got that far as my husband was outside working on a friends car - another reason he got as far as the back garden as didn't want to deal with something that appeared "embarrassing" in front of a neighbour who is also a senior work colleague.

He told me they had to accept payment there and then or would come into property to take goods. I asked about a payment plan - if I had to pay and he said that wasn't possible, I guess through the court this would be? Again I take it this was just another lie!

He also stated he only had an hour to complete the job before a van would turn up anyway to take goods and we would be charged a further £125 for this plus additional costs for storing goods - is this possible or not? I assume he was just adding pressure to me again - I feel so stupid!

As I had to pay using my debit card I don't suppose I can contact the bank and stop the payment going through can I? He was clearly onto a winner with us as I am the sort of person to be mortified by this sort of thing and my husband was declared bankrupt several years back so is now very clear about debt issues. I only have 1 loan left with my bank and that will be cleared in March next year - everything else is a if we don't have the money we don't have it.

The other thing the chap said was - he thought there may be regulations about enforcement where pregnant women were concerned but he thought it only applied form 8 months onwards - I am only 7 months pregnant - he started to make a call but didn't - again a ploy??

[TUTTSI]

Re: Marston Group Ltd - Distress Warrant

Do you remember ever receiving this motoring offence notice and do you know exactly what it is for?

Do you know how much the fine was for and and what are the breakdown of the Bailiff Fees?

Could you have already paid this fine, soon after it happened?

The SAR is the first step into finding out about your information held about you from the Marstons and what you have posted up looks good to me.

The Bailiff has told you some untruths as well by the sound of it, as I am not surprised they are right bullys.



Tuttsi

[kyh]

Re: Marston Group Ltd - Distress Warrant

Tuttsi, Thank you for your help so far. I do have a recollection of forgetting to tax the car when it was in storage at the garage but I thought I had paid this, it was about £80 I think. I will get the SAR topped and tailed with my personal details and send it off. It's the only thing I can really do I think. I will copy it to the court as well - should I write to them separately to ask about this? You are right about them being bullies, they use underhand scare tactics - I'm normally such a strong person but they clearly know which buttons to press.

[Amy]

Re: Marston Group Ltd - Distress Warrant

What you really need to do is write a letter of complaint to the bailiff listing all the reasons you have given above and if you do not get a satisfactory resolution from this you should file a Form 4 complaint.

[kyh]

Re: Marston Group Ltd - Distress Warrant

Thanks Amy