marston bailiff

[CleverClogs]

Re: marston bailiff

The fact that the bailiff forced the door and pushed past the OP's daughter puts the bailiff and Marstons in an awkward position. I have spoken to the OFT this afternoon and obtained Marstons CCA Licence Number for the OP. What the bailiff did is in breach of OFT Debt Collection Guidelines 3.13 (d) & (e). It is probably sufficient to give the OFT cause to question Marstons' fitness to hold a CCA Licence. Trading Standards won't be too impressed either.

Do you really believe the Office of Faffing and Twaddling will do anything about that?

[Guest]

Re: marston bailiff

Personally CC i don't, bailiffs are not debt collectors they are enforcement officers, the debt collection rules do not apply unfortunately.

If they did, bailiffs would have to make an appointment's to visit, have to leave property when requested, have to cease collection activities if the debtor says the debt in dispute. etc.


Bailiff law is as we know a different animal, personally i doubt very much if a complaint against a bailiff, on a bailiff related mater to the OFT would bear fruit.

D

[bluebottle]

Re: marston bailiff

Category F
Debt Collecting

If you collect debts due to others, arising from credit or hire agreements (whether regulated or exempt), you are likely to need to apply for Category F.

This does place a limitiation on this category.

BB By far the quickest way to get the information you are compiling, as I think I mentioned before, is to write to the OFT and ask them for it. It will save you hours of pain staking work.

I suppose one could argue that if bailiffs hold a CCL and act in a way which is not in line with the guidelines, then whether or not the complaint about fitness to hold a licence relates to a debt covered by the CCL, they could still be considered unfit to hold the licence and thus lose it. This would then restrict the range of debts they could enforce.

You've hit the nail right on the head, Labman. Marstons, in common with a number of the larger bailiff companies, carry out debt collection as well as the more routine bailiff work and hold a CCL. According to the people I have spoken to the OFT, the sort of behaviour the bailiff has exhibited in the OP's case is sufficient to raise questions as to Marstons' fitness to hold a CCL. If they have received other complaints, it may well result in Marstons having their CCL revoked or its renewal refused. And, yes, it would restrict the debts they could enforce and put a sizeable dent in their revenue if that happened. I cannot comment on any other consequences that might result from the revocation or refusal to renew a CCL in the case of a bailiff company.

With regard to asking the OFT for the information, I am obtaining what information I can from bailiff company websites and, once that is complete, will email a list of those whose CCL numbers are not evident to the OFT's Credit Licensing Department.

[bluebottle]

Re: marston bailiff

Do you really believe the Office of Faffing and Twaddling will do anything about that?

Anything like what has happened in the OP's case should be reported to Trading Standards who carry out the investigation and take any action that the OFT themselves cannot take. The OFT Credit Department simply issues licences and considers the fitness of licensees. Investigation and enforcement is the job of Trading Standards. Most Trading Standards Departments have at least one specialist TSO who deals with CCA complaints and infringements and other financial complaints.

I understand the work of the OFT's Credit Department is to be transferred to the proposed Financial Conduct Authority (FCA).

[wales01man]

Re: marston bailiff

Good luck bluebottle about time these bandits were brought to book their behaviour needs to change they cannot carry on treating people the way thay do we live in a society bound by many laws and rules the ancient ones they operate under need changing

[Guest]

Re: marston bailiff

Following on from what Labman says i do not think the OFT will be interested in the antics of the bailiff in the OP case.

This was not a cca regulated activity and therefore not covered by the guidelines. Nor is it an activity covered by their license.

I would be pleased to be proven wrong but logically i do not think i am.

D

[bluebottle]

Re: marston bailiff

Personally CC i don't, bailiffs are not debt collectors they are enforcement officers, the debt collection rules do not apply unfortunately.

If they did, bailiffs would have to make an appointment's to visit, have to leave property when requested, have to cease collection activities if the debtor says the debt in dispute. etc.


Bailiff law is as we know a different animal, personally i doubt very much if a complaint against a bailiff, on a bailiff related mater to the OFT would bear fruit.

D

The OFT are only interested in transgressions by bailiff companies that hold a CCA licence as this may raise questions as to a bailiff company's fitness to hold a CCA licence. The OFT cannot deal with transgressions by bailiff companies that do not hold CCA licences and refer such complaints to the Ministry of Justice.

[bluebottle]

Re: marston bailiff

Following on from what Labman says i do not think the OFT will be interested in the antics of the bailiff in the OP case.

This was not a cca regulated activity and therefore not covered by the guidelines. Nor is it an activity covered by their license.

I would be pleased to be proven wrong but logically i do not think i am.

D

It's the bailiff company's status as a CCA licence holder that the OFT is concerned about. If Marstons did not hold a CCA licence, the OFT would not be interested as they could not take any action. Until the matter is referred to the OFT and Trading Standards, we cannot say what is likely to happen as, at this stage, a clearer picture of what happened needs to be obtained in order to provide the OP with the best advice possible.

[Guest]

Re: marston bailiff

It's the bailiff company's status as a CCA licence holder that the OFT is concerned about. If Marstons did not hold a CCA licence, the OFT would not be interested as they could not take any action. Until the matter is referred to the OFT and Trading Standards, we cannot say what is likely to happen as, at this stage, a clearer picture of what happened needs to be obtained in order to provide the OP with the best advice possible.

Yes but logically the OFT license would cover the bailiff for activities within the scope of the OFT, which does not include enforcement of liability order and warrants of execution, i think you will find that they will reply that it is beyond their remit.
D

[bluebottle]

Re: marston bailiff

Yes but logically the OFT license would cover the bailiff for activities within the scope of the OFT, which does not include enforcement of liability order and warrants of execution, i think you will find that they will reply that it is beyond their remit.
D

Until we have a more detailed account, it is hard to say. Incidentally, can you cite a case that illustrates your post?

[Guest]

Re: marston bailiff

Yes i have contacted the OFT we will see what they say, as i say i have used them before and have found that unless the complaint is related to a matter which is regulated under license then they do not want to know.

But we will see.

You see the problem is that, for instance the bailiff can just turn up at a residence and demand payment, now that is against OFT guidelines (he should make an appointment) but it is not against bailiff law, would the OFT uphold a complaint?

The bailiff could camp out on your front garden despite you asking him to go, under oft guidelines he would have to leave, the bailiff would have to cease collection of the debt if you said it was under dispute if he were to adhere to the OFT guidelines, you see the problem.

Different practices altogether and different regulators, i am afraid to say.

D

[Guest]

Re: marston bailiff

Until we have a more detailed account, it is hard to say. Incidentally, can you cite a case that illustrates your post?

I made a complaint about CAG last year and they refused to investigate, although they admitted that the reported behavior was out of order, on the grounds that they did not have to have a CCL, and did not require one they could not invvestigate, in their view.

There are other instances but if i told you, i would have to shoot you.

D

[Guest]

Re: marston bailiff

Here is a list "Relevant Legislation" regulated by the OFT


http://www.oft.gov.uk/about-the-oft/.../legal/#named1

[bluebottle]

Re: marston bailiff

Here is a list "Relevant Legislation" regulated by the OFT


http://www.oft.gov.uk/about-the-oft/.../legal/#named1

All very interesting, Davy. However, what the OFT are concerned about is whether an OFT-licensed bailiff company's actions raise questions as to its fitness to hold a licence or to continue to hold the licence. They cannot deal with the incident itself. The OFT's sole focus is on fitness to hold the licence. Trading Standards deal with any offences detected or reported that come within their jurisdiction. The police would deal with any matters falling within their jurisdiction which are outside the scope of Trading Standards' jurisdiction.

Marstons hold a Category F Debt Collection Licence. This has been confirmed by the OFT, who have the power to consider whether the actions of the Marston bailiff in this matter are sufficient to bring into question Marstons' fitness to hold a Category F Licence. I have spoken to the OP and from what they have told me, there is a lot more to this case than has been posted.

[labman]

Re: marston bailiff

I've quoted parts of the OFT Fitness Test which may be relevant to this:

engaged in business practices appearing to the OFT to be deceitful, oppressive or otherwise unfair or improper, whether unlawful or not.

In monitoring and assessing fitness of licence holders and applicants, we will also, where appropriate, take account of their behaviour when recovering non-consumer credit debts.

Where the OFT has evidence which calls into question 'fitness', we can take action to refuse or revoke the credit licences of those concerned, or to exclude, or seek the exclusion of, an individual person/business/agency from the cover of a group licence. Where we are dissatisfied with any matter in connection with the business, but do not consider the business to be 'unfit', we may take appropriate action to change behaviour.