Marstons levy'd goods.

[labman]

Re: Marstons levy'd goods.

Have a read of Numbers 5 - 7

Useful Links - Legal Beagles Consumer Forum

:beagle:

[springwater]

Re: Marstons levy'd goods.

my nightmare continues, Northampton court didn't receive my n244 and n245 (despite them being sent registered post!), marstons have sent a letter to say they will be visiting my property tomorrow to remove goods.

I've called the court and sent the forms again by fax, i need to pay the fee but I've missed the deadline for today (9.30 - 3.15), they said they can turn it around in 24 hours.

any suggestions of what i should do? despite me not thinking the walk in possession is valid, what do i do when they knock on the door tomorrow?

[springwater]

Re: Marstons levy'd goods.

when i spoke to marstons, and said i didnt think their walk in posession was valid, they said 'they didnt need one, they'll be here in the morning with removal vans and police if necessary'.

[springwater]

Re: Marstons levy'd goods.

my wife is also 6 months pregnant, this is last thing we need!

[springwater]

Re: Marstons levy'd goods.

i'm hoping this applies to us!


http://www.legalbeagles.info/forums/...-help-Marstons

[ploddertom]

Re: Marstons levy'd goods.

Just talking about Marstons here.

1 - where was the original CCJ awarded?
2 - why have you sent the N244 for the Stay application to Northampton? This could have been applied for at a local County Court which acts as District Registry.
3 - the post that has gone missing, have you checked with Royal Mail Track & Trace? Has the payment you made for this been cashed?
4 - the levy - you say it states "all goods on premises" - is this on an actual Notice of Seizure or is it part of the Form 55 you should have been left?
5 - of the 2 levies you have which was done first?

[springwater]

Re: Marstons levy'd goods.

thanks for your response ploddertom!

answers below:

1 - where was the original CCJ awarded?
NORTHAMPTON COURT. IM BASED IN MANCHESTER.
2 - why have you sent the N244 for the Stay application to Northampton? This could have been applied for at a local County Court which acts as District Registry.
I WENT TO MY LOCAL COURT AND THEY SAID IT HAD TO BE DONE AT THE COURT WHICH ISSUED THE CCJ AND THEY WOULD 'TRANSFER PROCEEDINGS'.
3 - the post that has gone missing, have you checked with Royal Mail Track & Trace? Has the payment you made for this been cashed?
YES, IT SAYS DELIVERED. NO, THE CHEQUE HAS NOT BEEN CASHED. I HAVE SINCE FAXED THE FORMS WHICH THEY HAVE RECEIVED, THEY JUST DON'T HAVE PAYMENT AS PAYMENT LINE WAS CLOSED.
4 - the levy - you say it states "all goods on premises" - is this on an actual Notice of Seizure or is it part of the Form 55 you should have been left?
ITS A 'PRESCRIBED FORM NO 55 NOTICE OF SEIZURE'. IT CONSISTS OF 2 PAGES.
5 - of the 2 levies you have which was done first?
ANDREW WILSON'S WAS FIRST, THEY ARE ACTUALLY OK, I PAID THEM LAST WEEK AND ANOTHER PAYMENT ISNT DUE UNTIL NEXT WEEK, BY WHICH TIME THE COURT (WHO HAVE RECIEVED PAPERS AND TRANSFERRED TO MANCHESTER!) SHOULD HAVE GIVEN A HEARING DATE.

MY QUERIES ARE AS FOLLOWS:

I'VE JUST SEEN A VIDEO ON YOUTUBE (UNDER HOW TO DEAL WITH BAILIFF ON HERE), WHERE THE LADY HAS SENT A JPEG TO THE FIRM OF THE INVALID NOTICE OF SEIZURE/WALKING POSESSION, SHOULD I DO THIS ALSO?
MY WIFE IS 6 MONTHS PREGNANT, DOES THIS AFFECT THINGS IN ANY WAY?

THANKS AGAIN, WAS DELIGHTED WHEN I SAW YOU HAD REPLIED!

[teaboy2]

Re: Marstons levy'd goods.

You can certainly send it (the Jpeg copy) to marstons, also if they do turn up refuse them entry and call the police and make it quite clear to the police why the levvy is invalid, as they simply can not take all goods they must name precisely which goods are levied and certain goods they are not permitted to take under law.

[springwater]

Re: Marstons levy'd goods.

Brilliant! I'll do that.

Any idea's what i should say on the email to them?

[teaboy2]

Re: Marstons levy'd goods.

Just say the levvy is invalid and any attempt to enforce or sieze goods would be unlawful and a claim would be issued for damages and compensation along with breach of protection of harassment act 1997 along with a number of other legislation relating to your failure to provide a valid levvy and threats to enforce an invalid one. You will also be reported to MOJ which may threatened your ability to operate as a company in the bailiff industry. Evidence of invalid Levvy is included as a photo (see attached Jpeg file)

[springwater]

Re: Marstons levy'd goods.

the guy on the phone said they also didn't need a levy? i'm guessing he was bluffing?

[teaboy2]

Re: Marstons levy'd goods.

Yep so you can add fraud by false misrepresentation to the list of unlawful acts

[ploddertom]

Re: Marstons levy'd goods.

2 - why have you sent the N244 for the Stay application to Northampton? This could have been applied for at a local County Court which acts as District Registry.
I WENT TO MY LOCAL COURT AND THEY SAID IT HAD TO BE DONE AT THE COURT WHICH ISSUED THE CCJ AND THEY WOULD 'TRANSFER PROCEEDINGS'.
A shame you had not gone to the main County Court in Manchester - also acts as a High Court Registry - as they have a Personal Support Unit who could have given help & guidance. It seems as if whoever you saw initially needs a word in their ear.

4 - the levy - you say it states "all goods on premises" - is this on an actual Notice of Seizure or is it part of the Form 55 you should have been left?
ITS A 'PRESCRIBED FORM NO 55 NOTICE OF SEIZURE'. IT CONSISTS OF 2 PAGES.
Is this handwritten or typed? The reason I ask is because the Form 55 has words similar to "please take notice that all your goods have now been seized and are under the control of the HCEO", it can say what it likes but until such time as a proper levy has taken place there is nothing they can do. If hand written and he is claiming a "global levy" then although not totally unlawful it is frowned upon and in particular could be claimed to be an excessive levy.

Did you sign it?

5 - of the 2 levies you have which was done first?
ANDREW WILSON'S WAS FIRST, THEY ARE ACTUALLY OK, I PAID THEM LAST WEEK AND ANOTHER PAYMENT ISNT DUE UNTIL NEXT WEEK, BY WHICH TIME THE COURT (WHO HAVE RECIEVED PAPERS AND TRANSFERRED TO MANCHESTER!) SHOULD HAVE GIVEN A HEARING DATE.
They have first choice therefore and Marstons would have to find other items so far from it being an excessive levy it sounds instead as it should have been returned as Nulla Bono - insufficient goods. The only way it could work is if Wilsons were paid in full & then Marstons could re-levy the items. However I believe I made reference to this levy in an earlier post as some items are I believe exempt and would imagine others would not realise enough if removed and taken for sale.

MY QUERIES ARE AS FOLLOWS:

I'VE JUST SEEN A VIDEO ON YOUTUBE (UNDER HOW TO DEAL WITH BAILIFF ON HERE), WHERE THE LADY HAS SENT A JPEG TO THE FIRM OF THE INVALID NOTICE OF SEIZURE/WALKING POSESSION, SHOULD I DO THIS ALSO?

MY WIFE IS 6 MONTHS PREGNANT, DOES THIS AFFECT THINGS IN ANY WAY? Yes it certainly does, all enforcement agencies are signed up to the National Guidelines for Enforcement Agents, page 9 refers to vulnerable people and in my view your wife certainly qualifies. http://www.justice.gov.uk/downloads/...ent-agents.pdf
You should send some form of proof of her pregnancy to Marstons but beware of the replies you may get:
a - they are only guidelines and not law - in which case why did they sign up to abide by them
b - your wife is not the debtor so it doesn't apply - it applies to the household & not the individual otherwise each time they came they would have to walk away if your wife answered

PT
PT

[ploddertom]

Re: Marstons levy'd goods.

You can certainly send it (the Jpeg copy) to marstons, also if they do turn up refuse them entry and call the police and make it quite clear to the police why the levvy is invalid, as they simply can not take all goods they must name precisely which goods are levied and certain goods they are not permitted to take under law.

The danger of doing this is because:
SECTION 99 THE COURTS ACT 2003, Schedule 7
Constable’s duty to assist enforcement officers

5.	It is the duty of every constable, at the request of— a. an enforcement officer, or b. a person acting under the officer’s authority, to assist the officer or that person in the execution of a writ.

They are only too willing to point this out should the woodentops arrive.

[jakesnake]

Re: Marstons levy'd goods.

hi spring water .. i recently had a run in with marsdens . i owed for a magistrates fine . as from last month all fines that arnt payed go to marsdens for them to collect on behalf of the courts . this means the bailiff can enter your house whether your actuall present or not they can simply bring a locksmith out with them and break in ur house and they are with in the law to do so -- sounds enreal doen,t it .. but i can asure u these people can and will do this .. i ended up paying £890 cash to these fools all for an unpayed £30 pound parking ticket originally unreal wen they wanted 890 mostly for there greedy fees ... so really this is simple pay or lose your stuff at public auction ... regards jj