marston bailiff

[Guest]

Re: marston bailiff

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.
.

This sounds promising, although the "where appropriate" bit is a little worrying.

D

[bluebottle]

Re: marston bailiff

The ones who have the real power, Davy, are Trading Standards Officers (TSO). They're the "kick ass" part of OFT. I may have said this earlier in this thread, but the majority of Trading Standards Departments have at least one TSO specialising in consumer credit and financial matters. And, of course, there are now regional Illegal Money-Lending Teams (IMLT) who give loan sharks grief.

If more people reported scams, bailiff misconduct, loan sharks and sharp practices, the message would soon get around that those responsible will be held to account and justice will be exacted. It just needs people to stand up for themselves by coming onto internet forums, like Legal Beagles, for the necessary advice, guidance and nudge in the right direction, or telling the law enforcement and regulatory agencies what is going on.

[labman]

Re: marston bailiff

Trading Standards certainly take action on behalf of the OFT. The local CAB reported my charity for a range of alleged issues, all of which were thankfully found to be without foundation. However, as a result of what they had seen, they did offer to investigate and prosecute the local CAB for their vindictive actions.

[bluebottle]

Re: marston bailiff

Trading Standards certainly take action on behalf of the OFT. The local CAB reported my charity for a range of alleged issues, all of which were thankfully found to be without foundation. However, as a result of what they had seen, they did offer ot investigate and prosecute the local CAB for their vindictive actions.

Which is why you should always contact Trading Standards, in the first instance, and not CAB. If something needs dealing with quickly, Trading Standards are in a position to do so. All CAB can do is give advice, which may not always be correct or appropriate.

[ohntgn]

Re: marston bailiff

hiya all.

just a quick update.

bailiffs collecting and levying distress warrants are technically allowed to use force on the door, this includes the locks and the door itself, ie removing hinges.

bailiffs collecting and levying distress warrants are not allowed to push you or use physical force on your person to gain entry. this is classed as unlawful entry.

the bailiff who visited us refused to show he badge when requested.
we have video evidence of her badge tucked inside her top.
the bailiff would not show us a copy of the distress warrant, which they have to do when levying distress as it is an authorization to break in using locksmiths or other legal means. just like a search warrant. signed by a magistrate or other type.

this whole thing is growing bigger and bigger, and i can now see why most people do not even complain or sue the bailiffs. it seems that even if the bailiff uses physical force on a person the police will back the bailiffs up. i will persist with all my enquiries and i will not be put off by lazy police attitudes towards bailiffs breaking the law.



will keep you informed.

[Guest]

Re: marston bailiff

hiya all.

just a quick update.

bailiffs collecting and levying distress warrants are technically allowed to use force on the door, this includes the locks and the door itself, ie removing hinges.

bailiffs collecting and levying distress warrants are not allowed to push you or use physical force on your person to gain entry. this is classed as unlawful entry.

the bailiff who visited us refused to show he badge when requested.
we have video evidence of her badge tucked inside her top.
the bailiff would not show us a copy of the distress warrant, which they have to do when levying distress as it is an authorization to break in using locksmiths or other legal means. just like a search warrant. signed by a magistrate or other type.

this whole thing is growing bigger and bigger, and i can now see why most people do not even complain or sue the bailiffs. it seems that even if the bailiff uses physical force on a person the police will back the bailiffs up. i will persist with all my enquiries and i will not be put off by lazy police attitudes towards bailiffs breaking the law.



will keep you informed.

i dont think tht they are, not to gain entry anyway, the only way they can enter is if you let them in or leave your door or window open, they cant mess with the dOor this would be forced entry.

If they have levied distress on goods they are allowed to re enter in the way you say, if that is what is meant.

D

[bluebottle]

Re: marston bailiff

hiya all.

just a quick update.

bailiffs collecting and levying distress warrants are technically allowed to use force on the door, this includes the locks and the door itself, ie removing hinges.

bailiffs collecting and levying distress warrants are not allowed to push you or use physical force on your person to gain entry. this is classed as unlawful entry.

the bailiff who visited us refused to show he badge when requested.
we have video evidence of her badge tucked inside her top.
the bailiff would not show us a copy of the distress warrant, which they have to do when levying distress as it is an authorization to break in using locksmiths or other legal means. just like a search warrant. signed by a magistrate or other type.

this whole thing is growing bigger and bigger, and i can now see why most people do not even complain or sue the bailiffs. it seems that even if the bailiff uses physical force on a person the police will back the bailiffs up. i will persist with all my enquiries and i will not be put off by lazy police attitudes towards bailiffs breaking the law.



will keep you informed.

Correction. Certificated bailiffs are not permitted to make a forcible entry unless authorised by a judge and in possession of a court order signed by a judge. They also have to have the police present when they do. Also, no reputable locksmith (especially those who are members of the Master Locksmiths Associations (MLA)) will break locks without first seeing a valid court order. Certificated bailiffs are not permitted to break into residential property as and when they feel like it.

A distress warrant only permits peaceable entry. This means that they can walk in through an open door or climb in through an open window, but if they force a door or closed, but not locked, window, or push past or assault someone in order to gain entry, the warrant is invalidated, the bailiff's legal protection is void and any levy or seizure is illegal. The instances you describe in respect of forcing a door would render the bailiff liable to prosecution for Criminal Damage and, if they succeeded in gaining entry, to Burglary or Attempted Burglary, as well.

Search warrants issued by magistrates are very specific in what they allow - I've executed them - and these will specify whether force can be used or not.

The bailiff who attended your home broke every rule in the book and I wouldn't be surprised if Marstons have mislead your local police force as to the powers of their certificated bailiffs. The other thing you have to remember about certificated bailiffs is that they lie. Sorry, but that is a fact.

[labman]

Re: marston bailiff

Indeed davyb, there are a number of inaccuracies in that post. They are obliged, however, to show you ID and to show you, or tell you where you can inspect the Distress Warrant.

[ohntgn]

Re: marston bailiff

fail

[ohntgn]

Re: marston bailiff

will keep you informed

[ohntgn]

Re: marston bailiff

they were enforcing a distress warrant for magistrate court fines. as far as i can see they are allowed to use locksmiths or remove the door on their first visit. as a last resort/ threat.
remember i had paid all moneys to the court but excluding marston fees after contacting marstons and being told i had to pay the full amount to them regardless of payments to the court. i done this a month before the bailiff visit.

[ohntgn]

Re: marston bailiff

Indeed davyb, there are a number of inaccuracies in that post. They are obliged, however, to show you ID and to show you, or tell you where you can inspect the Distress Warrant.

obliged to show ID. it is a legal requirement if asked. they are levying distress and can force entry.

i think in the case of distress warrants they have to produce a copy on the day, think about it, what locksmith is going to gain entry without seeing a warrant. also it is your right to see all documents that allow power of forced entry. they are not police. where would we all be if bailiffs didnt need proof on them of such documents.
i think you are wrong on this one davey. look up on the internet, a lot of my points are covered on the justice webs and the government web.

[Guest]

Re: marston bailiff

Yes they are, when enforcing a magistrates fine, but this is very rarely used and requires a court warrant with a judges signature, also i believe that they have to issue warning before they arrive.

Last time i checked , this had only been used about half a dozen times since its inception in 2004



D

[bluebottle]

Re: marston bailiff

they were enforcing a distress warrant for magistrate court fines. as far as i can see they are allowed to use locksmiths or remove the door on their first visit. as a last resort/ threat.
remember i had paid all moneys to the court but excluding marston fees after contacting marstons and being told i had to pay the full amount to them regardless of payments to the court. i done this a month before the bailiff visit.

If what you say is correct, Marstons have acted illegally. In fact, Marstons may well have committed Fraud by False Misrepresentation and their bailiff may well have committed Burglary. If this proves to be the case, it is very serious indeed.

[Guest]

Re: marston bailiff

If what you say is correct, Marstons have acted illegally. In fact, Marstons may well have committed Fraud by False Misrepresentation and their bailiff may well have committed Burglary. If this proves to be the case, it is very serious indeed.

Yes it is true , i was mistaken,I didn't read the first post, i was not aware that this was a criminal fine.

The right for bailiffs acting on behalf of the Magistrates Court the power to “enter and search any premises” for the purpose of executing a Warrant of Distress was granted under Paragraph 3 of Schedule 4A of the Magistrates Courts Act 2004. This provision was also then inserted into the Domestic Violence, Crime and Victims Act 2004.

This only applies though to criminal fines, and as i correctly said is rarely enforced.

Sorry apologies to the OP

D