marston bailiff

[labman]

Re: marston bailiff

fail

Not at all. Any contribution to help is never a failure. One great thing here is that you can e fairly sure someone will pick you up and that's how you learn.

I don't claim to have the knowledge of quite a few other members on here, but I still try and I still get corrected. Don't be put off posting! :beagle:

[labman]

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.

Legally you are correct. However, in reality the chances of this happening are very slight indeed.

[ohntgn]

Re: marston bailiff

i typed fail, because i copied and earlier reply then deleted it, after edit it said must be at least four characters so i put fail.

[labman]

Re: marston bailiff

Oops - sorry!

[ohntgn]

Re: marston bailiff

Oops - sorry!

no worries,

[ohntgn]

Re: marston bailiff

who do i ask for a copy of the warrant that was issued to the bailiff and the company.

[bluebottle]

Re: marston bailiff

Ask the Court Manager on what date they recalled the warrant from Marstons and ask them to confirm this in writing. If this pre-dates the bailiff's visit, you will have hard evidence to put the bailiff and Marstons down for an early crucifixion. It means, in a nutshell, that Marstons and their bailiff acted illegally.

[ohntgn]

Re: marston bailiff

hiya all
rang the court. the warrant that marstons were issued was a distress warrant.
i had paid all the outstanding fine to the court by the end of may.
the bailiff used unlawful force to enter my home on the 28th of june.
the court said that marstons should have been notified??? of all money i had paid to the courts.
as i said before i had paid all the outstanding fine to the courts before the bailiff entered my property by using unlawful force.

ps, i will try and find out when the warrant was issued.

[ohntgn]

Re: marston bailiff

on the day the 28th june when the marston bailiff used unlawful force to enter my home the court was in receipt and had been since the end of may full payment of my fine. this now means that not only did the bailiff use unlawful force to enter my home but the police enabled her by encouraging us to pay the full amount even though no amount was due to the court, as they still held my money.
i did wonder why she didnt want to levy, and even the police officer stated that we would not get much for a tv or other stuff.

so these officers enabled and aided a bailiff to obtain moneys from me even though the bailiff had used unlawful force to enter my home.
the officers who were here to prevent a breach of the peace in fact ended up encouraging us to pay, which to be honest i had said i did not want to do because i had paid.
these police officers will be reported.

[bluebottle]

Re: marston bailiff

on the day the 28th june when the marston bailiff used unlawful force to enter my home the court was in receipt and had been since the end of may full payment of my fine. this now means that not only did the bailiff use unlawful force to enter my home but the police enabled her by encouraging us to pay the full amount even though no amount was due to the court, as they still held my money.
i did wonder why she didnt want to levy, and even the police officer stated that we would not get much for a tv or other stuff.

so these officers enabled and aided a bailiff to obtain moneys from me even though the bailiff had used unlawful force to enter my home.
the officers who were here to prevent a breach of the peace in fact ended up encouraging us to pay, which to be honest i had said i did not want to do because i had paid.
these police officers will be reported.

I've read your two latest posts. I'm going to send you a PM.

[bluebottle]

Re: marston bailiff

Electronic copy of National Standards for Enforcement Agents.

[wales01man]

Re: marston bailiff

The term Vulnerable is very unclear in what the thugs do if someone is say disabled does tis infer the determination that someone is vulnerable is down to the bailiff not clear and precise in this legislation

[bluebottle]

Re: marston bailiff

The term Vulnerable is very unclear in what the thugs do if someone is say disabled does tis infer the determination that someone is vulnerable is down to the bailiff not clear and precise in this legislation

The term "disability", in the legal sense, is usually taken to mean any mental or physical illness or impairment that prevents a person from leading a normal lifestyle. If someone falls within any of the matters listed as Vulnerable, the bailiff is supposed to refer the matter back to the creditor for direction. The reality is, many certificated bailiffs ignore this rule.

[wales01man]

Re: marston bailiff

Thanks bluebottle and is there a penalty or offence if bailiffs do ignore the fact someone is vulnerable ?

[ohntgn]

Re: marston bailiff

another point of contention.

the bailiff left her calling card, you know standard thing. says she attended my home today to execute a distress warrant.

then says i have been refused entry/ unable to contact and believes that i am wilfully trying to evade payment, lol, of this account.

then you should be aware that there exists a power under schedule 4a of the blah de blah.

power may only be used if magistrates distress blah blah.

then, i will be re-attending your premises, with a locksmith if necessary, to conclude this matter, i may if appropriate request authority to use the above powers of entry,

within minutes she had pushed my daughter and forced unlawful entry.