Marstons are going to force entry

[chester1]

Two days ago my mother who is recovering from a stroke received a call from marstons the bailiffs regarding a littering ticket that i have no previous knowledge of .
the ticket was written out in Manchester and any correspondence up to now has been sent to my ex's house
this is the first i have known about the ticket
I don't live at my mothers house, but I have previously used it as a mailing address as I am a long distance truck driver away for weeks at a time
I rang the bailiff who informed me that he is calling around tomorrow at 4.30 to force an entry into the house that isn't mine to search for any goods belonging to me . I informed him that I no longer live there and he said he didn't care. I had this telephone conversation recorded and I don't know what to do now .
my mother is worried sick about this and she is recovering from a stroke earlier this year , i don't know where to turn and I will be away working tomorrow and have no opportunity to get back to deal with them .
please help i don't know who else to turn to .

[Amy]

Re: Marstons are going to force entry

The bailiff is lying to you, it's what they do best.

He knows full well that he cannot force entry without an order from the court and this is very rare. What is more, once a bailiff is made aware that a property is not that of the debtor then he cannot take further action to gain entry because it follows that nothing inside the property will belong to the debtor and a bailiff can only levy and subsequently seize goods belonging to the debtor.

You need to speak to your local council first thing on Monday morning and if the fine is yours, then you might need to think about completing a statutory declaration.

Making a statutory declaration does not cancel out the actual penalty notice, it merely puts a halt to the recovery process because an earlier step in the process has been missed, it is then passed back to the local authority for further attention, so give them a call first and see what they say.

[chester1]

Re: Marstons are going to force entry

The bailiff has been recorded on my phone saying he has the right to force entry under the 2004 Enforcement Act (Sec 1,2 and 3).

[WendyB]

Re: Marstons are going to force entry

As Amy said, he is lying. Bailiffs are well known for it, it's what they do best. They lie and intimidate people with the intention of getting you to hand over money with no questions asked.
I very much doubt the bailiff will turn up at your house today, but if he does, just tell your mom not to open the door, don't even speak to him.

Contact the Council on Monday and explain the situation. The bailiffs are employed by the Council and as such the Council have a duty to ensure they carry out the job properly and lawfully.

[chester1]

Re: Marstons are going to force entry

I've had a listen to the recorded conversation and here are some highlights...

Me. "You don't have the right to force entry."

Bailiff Howker. "We have a warrent to enter the premises to search for goods belonging to you from the magistrates court in Greater Manchester."

Bailiff Howker. "If it's not paid it will turn into an arrest warrent".

Bailiff Howker "I've got power of entry, you don't have to be there for power of entry".

Bailiff Howker. "When your mother opens the door tomorrow I'm going to walk in and search the room that you reside in".

When I informed him I was recording this call he said "crack on".


Is what he has said true and if not do I have grounds for a form 4 complaint?

[Caspar]

Re: Marstons are going to force entry

What EXACT act is he referring to in 2004?

[chester1]

Re: Marstons are going to force entry

I've recorded him saying "The 2004 Enforcement Act. Sections 1,2 and 3".

[panzer]

Re: Marstons are going to force entry

This bailiff is such a plonker he doesn't know what country he's in.

The only 2004 Enforcement act is a statute in the USA!!!!!

What a ******

I think he's getting confused with the 2007 Courts & Tribunal act that will alter bailiff legislation in the UK........

When it comes into force in 2012.

This guy tavels in time and distance impossible to the rest of us.

Was it Doctor Who?

[chester1]

Re: Marstons are going to force entry

Do I have a chance of making a complaint stand?

[Amy]

Re: Marstons are going to force entry

I think you'll find the bailiff is referring to the Domestic Violence, Crime and Victims Act 2004 which does give the right to entry.

However, I refer you all back to post #2.