marston bailiff

[bluebottle]

Re: marston bailiff

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

Unfortunately, breaches of the National Standards for Enforcement Agents do not carry any legal sanctions themselves, but can render a levy or seizure invalid or illegal. If a bailiff disregards the Standards and, in doing so, wanders onto the legal minefield called Criminal Law, he or she shouldn't be surprised if they find themselves without a leg to stand on, figuratively speaking, as a result. The nature of what the bailiff does determines the offence and penalty.

[bluebottle]

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.

It will all depend on whether there was a valid warrant in existence. If the court cancelled the warrant before the bailiff turned up and Marstons knew this, the bailiff's actions were totally illegal. Court Bailiffs have a power of forced entry. Certificated bailiffs only have this power if granted a signed and sealed order by a Judge or Justice of the Peace, as it would be in your case. You need to find out when the court cancelled the warrant and when they told Marstons.

[ohntgn]

Re: marston bailiff

why does it state on the calling cards.

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

why does it state that they may request authority if appropriate?

[bluebottle]

Re: marston bailiff

It's one of Marstons' well-known tactics. It's affectionately-known as a threat-o-gram and the use of such tactics is, depending on the circumstances of the case, potentially illegal. Marstons employ certificated bailiffs to enforce public debt and, as such, certificated bailiffs cannot force entry without a signed and sealed order from a Judge or Justice of the Peace in the case of court fines. If granted such an order, which is very rare, a certificated bailiff would have to have the order in their possession as a reputable locksmith (especially members of the Master Locksmiths Association (MLA)) will not break a lock without first seeing that the person asking them to carry it out has lawful authority to do so. In practice, the locksmith will ask to see a court order before breaking a lock. The police should also ask to see such an order. If they don't, they need their backsides kicking. Keep the card in a safe place as this is valuable evidence if it turns out there was no valid warrant in existence when the bailiff kicked-off.

[ohntgn]

Re: marston bailiff

nothing new to report yet.
like i said police are stating that the bailiff is allowed to use reasonable force.
i have told them again that when the bailiff pushed my daughter she used what is termed unlawful force/ assaulted her. then forced unlawful entry.
have emailed the local professional standards and explained their mistake. to what avail i do not know but i will persist.
i have heard nothing back from marstons yet, apart from email receipt of complaint.

will keep you informed

[ohntgn]

Re: marston bailiff

ps

did you know that marstons group was sold by greshams private equity and bought in may by a private equity firm inflexion.
this is bad as marstons is now owned and operated purely for profit. this could lead to even more illegal entries and greater use of unlawful force simply to obtain fees and increase profits.
and did you know that marston group operate a fully integrated enforcement system with hm courts.
i do hope they are not involved in the online payment system or the court enforcement departments as this could lead to very dubious enforcement.

all in all it looks like the courts system is slowly being sold to private for profit companies.

[bluebottle]

Re: marston bailiff

In that case, Inflexion are vicariously-liable with Marstons' clients. Any money or property obtained by, theft, fraud or burglary is, by virtue of Section 24, Theft Act 1968, classed as Stolen Goods. If any of the money Marstons' obtain is "dodgy", Inflexion could be investigated on suspicion of money-laundering.

[ohntgn]

Re: marston bailiff

hiya all

bailiffs responded to my complaint. state they are awaiting the video evidence of the assault.
pc responded once more and is getting fed up with me. he states that the marston bailiff was on my property lawfully and so was entitled to use minimal force on a person obstructing them.

lol the lies the marston bailiff companies and bailiffs tell are risible to say the least. and the cops have told me that is the end of it. lol