Marston Bailiff

[scooter lady]

I had a fixed penalty notice of £205 which went to the marston group. I entered into a payment arrangement with them and they charged there own fee of £85. I paid £100 on the 6th June and was supposed to have the debt cleared by the 29th June. Unfortunately I was unable to clear the debt until 18th July but on that date paid the remaining £190. As far as I was aware the debt had been cleared.

Yesterday, 27th July a Balliff arrived at my property. My daughter answered the door and she is 15. I was not in and she informed my boyfriend, as she was doing so the baliff put her foot in the door. My boyfriend went to speak to her and she informed him that £215 was outstanding and that if it was not paid she was here to sieze items. My boyfriend called her scum. The police were called.

At this point my boyfriend called me I came home immediately. I informed the baliff that I had paid the debt in full and showed her proof. She did not dispute that I had paid but said that because I was late in paying the extra £215 balliff charge had been added.

The police at this point still had not arrived and she still had her foot in the door. I phoned up the National debt helpline straight away and they confirmed that because this was the baliffs first visit and the orgingal debt and marstons own £85 fee had been paid in full before her arrival that she could not sieze my goods. I asked them to explain this to her. I passed the phone to her and she gave her name but said that she was not entering into any discussion as she had a warrant and right to enter my home.

National debthelpline then advised me to call marston and speak to a supervisor and explain what has been happening. I telephoned Marston and asked to speak to a supervisor. They took my reference number and then point blank refused to let me speak to a supervisor. I tried explaining the situation but they said that because I broke the agreement (I paid late) they had every right to charge extra. I explained what the national debt helpline had said and the lady stated that she was not going to get into an argument with me and slammed the phone down.

The balliff still had her foot in my door. The police took the best part of 3 hours to get here. On his arrival I explained the situation to him. He stated that because she had a warrant, there was nothing he could do apart from keep the peace.

They entered my property. I was distraught. For what its worth I do have a mental health condition and having this ballif and police officer come into my home and poke around in my draws and enter my bedroom is too much. The police officer must have known this because he advised me to speak to the samaratains after they had gone. The balliff advised me that there would be an extra £300 charge for the van and and extra £50 per day storage charge.

After some pleading with my boyfriend he kindly agreed to pay the £215 in cash so I managed to keep my items.

I am sorry to waffle on but I wanted to give as much information as possible.

Are the national debt helpline right? Are they not allowed to charge balliff charges if the balliff has not visited my property before. If so, how do I go about claiming the money back as

1. I recently lost my job due to my condition and somehow now have to claim benifits and pay back my boyfriend.

2. The mental distress this had caused is too much. I tried my very best to pay back the debt and feel that I have been violated. I have barely been able to stop crying. Fortunately, I already had an appointment with my GP this morning she has kindly given me extra medication to cope with the distress.

Had it not been for my boyfriend I would now have now have no computer, televison ect. Not to mention my daughter must think I am a total loser.

[ploddertom]

Re: Marston Bailiff

Was this a result of a Magistrates Court Fine? If so were you aware of it originally? was there any particular reason why it was not paid? have you moved house since it was originally issued? If it was the result of a Court Fine did you receive a letter - a Further Steps Notice - asking you to bring your account up to date?

[bluebottle]

Re: Marston Bailiff

Hi Scooter Lady and welcome to Legal Beagles.

Right. First things first. I am a retired policeman and, during my time in the police force, I dealt with the more violent elements in the civil enforcement industry. Marstons have been involved in some serious incidents, as of late, and this ranks in the "serious" category. The Marstons' bailiff in your case committed a number of cardinal sins, namely -

• Forcible entry - Forcible entry is not permitted except by signed and sealed court order. Putting a foot in the door is sufficient. This also invalidates any levy and/or seizure.
• Fraud by False Misrepresentation - National Debt Helpline are correct in what they say. Marstons are not entitled to any further fees. If they knew the amount had been paid in full, they also knew had no authority or right to do what they did.
• Entering Property Without Lawful Authority - It sounds to me that the bailiff mislead the police. Did the bailiff describe himself to the police as a court bailiff or tell the police that the warrant allowed them to force entry? These are two common lies certificated bailiffs will employ to mislead the police and gain illegal entry to people's property and Marstons are one of, if not, the worst offender for doing this.
• Trespassing - The forcible entry means the bailiff's legal protection against trespass is void.
• Breaches of National Standards for Enforcement Agents - As you suffer from a mental health condition, you are classed as vulnerable. Bailiffs are required not to proceed with any enforcement, in such circumstances, but refer the matter back to the creditor for direction as the creditor is 100% vicariously-liable for any misconduct, including breaches of the law, by any bailiff they employ. Also, as you were not at home when the bailiff called, they should not have remained there, but asked when you would be there and return then.

There are a number of things you and your boyfriend can do in this matter, namely -

1. Report Marstons to the Office of Fair Trading's Credit Fitness Team - This is because Marstons hold a Credit Licence to enable them to collect debts, especially debts from public bodies, which is a condition of contract/tender. You send your complaint by email to enquiries@oft.gsi.gov.uk and insert the words CREDIT FITNESS in the subject box. You will need to quote "Marston Group Ltd" and "Credit Licence No. 333059" and give a clear and concise resume of your complaint. I am attaching a copy of the OFT's Debt Collection Guidelines and Ministry of Justice's National Standards for Enforcement Agents. You would strengthen your complaint by quoting all and any breaches of the OFT Debt Collection Guidelines and attaching the National Standards for Enforcement Agents to your email complaint, mentioning how the bailiff has breached the Standards.
2. Report the Bailiff - Could you please send me a Private Message, giving me the name of the bailiff involved and, if available, the name of the court that issued their certificate. This is to make a formal complaint against the bailiff and which may result in their bailiff's certificate being withdrawn.
3. Make A Complaint to the Police - The actions of the police officer who attended and the time taken to attend are unacceptable. This needs to be pursued with the IPCC. I will advise you on how to word your complaint to the IPCC as there are certain matters that need to be covered and cross-referenced with Police Conduct Regulations.

You mention a Fixed Penalty Notice. Could you advise who issued this, please?

Once I have the bailiff's details, I can then help you further.

BB

[scooter lady]

Re: Marston Bailiff

Was this a result of a Magistrates Court Fine? If so were you aware of it originally? was there any particular reason why it was not paid? have you moved house since it was originally issued? If it was the result of a Court Fine did you receive a letter - a Further Steps Notice - asking you to bring your account up to date?

This was a fixed penalty notice of £300 issued April 2009. I was not in a position to pay it straight away as I was unemployed at the time and if I remember correctly I was asked to pay £5 a week paid directly from my benifit. I'm guessing I must have paid £95 in total before resuming work. I have not heard anything else regarding this and to be honest forgot all about it until I recived the letter from Marston. That is when I entered into this payment arrangement with them.

BLUEBOTTLE.

Thank you for such a detailed responce. The police issued the fixed penalty notice of £300. I would just like to be able to pay back my boyfriend his money although I really do not want this to happen to others but everything you suggest looks painful to me. I say that because I have enough to cope with and this looks complicated and distressing. Would my boyfriend be able to make these complaints on my behalf? You should know that we do not live together, although he stays here quite often.

I have had a brief look at the attachement you left although right now feel unable to process the information. I will look again later. I am going to private message you now with the bailiff details.
Thank you again.

[bluebottle]

Re: Marston Bailiff

This was a fixed penalty notice of £300 issued April 2009. I was not in a position to pay it straight away as I was unemployed at the time and if I remember correctly I was asked to pay £5 a week paid directly from my benifit. I'm guessing I must have paid £95 in total before resuming work. I have not heard anything else regarding this and to be honest forgot all about it until I recived the letter from Marston. That is when I entered into this payment arrangement with them.

BLUEBOTTLE.

Thank you for such a detailed responce. The police issued the fixed penalty notice of £300. I would just like to be able to pay back my boyfriend his money although I really do not want this to happen to others but everything you suggest looks painful to me. I say that because I have enough to cope with and this looks complicated and distressing. Would my boyfriend be able to make these complaints on my behalf? You should know that we do not live together, although he stays here quite often.

I have had a brief look at the attachement you left although right now feel unable to process the information. I will look again later. I am going to private message you now with the bailiff details.
Thank you again.

I have checked the bailiff's details against the Ministry of Justice's Bailiff Register. The bailiff who forced their way into your home is a Certificated Bailiff. This means they DO NOT have any right or power to make a forcible entry to your home without a signed and sealed court order. Only a Court Bailiff, who is a civil servant employed directly by H.M. Courts & Tribunals Service (HMCTS), a Civilian Enforcement Officer (CEO), again, a civil servant employed by HMCTS, and a Warrant Officer (WO), another civil servant employed by HMCTS, are permitted to force entry to your home without a court order. In all cases, they will be accompanied by a constable when doing executing a warrant.

Marstons usual modus operandi (method of offence) is to tell the police they are Court Bailiffs, when they are not, and show a "warrant" which allegedly authorises them to force entry. It is suspected these "warrants" are forgeries. My suspicion is that this bailiff has not only mislead the police, but has committed offences of Attempted Burglary Artifice and Fraud by False Misrepresentation, aided and abetted by your local police force.

The offence of Attempted Burglary Artifice is against yourself. The offence of Fraud by False Misrepresentation is against yourself and your boyfriend.

The email address for complaints to the IPCC is enquiries@ipcc.gsi.gov.uk. You should read the notes on the IPCC website, which is at www.ipcc.gov.uk. I am attaching an IPCC Complaint Form. Your boyfriend should be able to complain as he was affected by what the incident. Please be aware that, at some point, in the near future, you and/or your boyfriend will need to consider making a formal complaint to HMCTS against the bailiff.

[scooter lady]

Re: Marston Bailiff

Does anyone know if i am entitled to legal aid in this matter? if not is there anywhere else that will be able to help me set these letters out?

[bluebottle]

Re: Marston Bailiff

Yes. Your local Law Centre at www.lawcentres.org.uk and the Community Legal Service at www.legalservices.gov.uk can help you with the letters and advise you if you are eligible for Legal Aid. The IPCC Complaint Form is fairly easy to complete. However, you will need the help of a legal professional to get the necessary information from the Magistrates' Court, i.e. a coy of the warrant the court sent to Marstons. There is also information about Legal Aid on the Community Legal Services website.

[scooter lady]

Re: Marston Bailiff

hi all. I found the following letter template on another website. It is available to copy so I see no issues pasting it here. I was wondering if anyone could have a read and see if it is okay for me to send to Marstons please. Apart from that I have an appointment with CAB and will ask about making a complaint to the police and courts. I managed get some sleep last night, first time since. Anyway, this is the letter. tHANks again for the help x

I have deleted the letter incase any stupid bailiffs look on this site. If anyone want to see the letter please PM me. thanks again.

[bluebottle]

Re: Marston Bailiff

If you are making a complaint against HMCTS, you will need the documents I am attaching to this post.

In order to make a complaint against the police, in this case, I would go straight to the Chief Constable of the police force involved. The IPCC is last resort or if the police force drag their heels or will not take your complaint seriously.

[CleverClogs]

Re: Marston Bailiff

Marstons usual modus operandi (method of offence) is to tell the police they are Court Bailiffs, when they are not, and show a "warrant" which allegedly authorises them to force entry. It is suspected these "warrants" are forgeries.

Is there any way to obtain a copy of such an alleged "warrant"?

If such alleged documents exist, whence might a certificated (or certifiable) bailiff obtain one?

My suspicion is that this bailiff has not only mislead the police, but has committed offences of Attempted Burglary Artifice and Fraud by False Misrepresentation, aided and abetted by your local police force.

Under the Accomplices and Abettors Act 1861 - link - any police officer who knowingly aided an offence would themselves be guilty of that offence. Their defence would probably be that they did not know that it was an offence, nor had reasonable grounds to suspect that it might be an offence.

[scooter lady]

Re: Marston Bailiff

Hi all. Sorry to go on but I can't stop thinking about all of this. Yesterday I phoned the court and they confirmed that the had sent a distress warrant but would give me no ther details apart from marstons customer care line, stating that they were quite helpful.the other thing I wanted to ask was when when the bailiff was making a note of what goods to take she noted down my boyfriends guitar. I told her that it was not mine and she said I would have to show her proof by receipt. The guitar is 29 years old and has no value apart from alot of fond memorua for my b/f. of course the policeman backed her up. Surely for something that old they would know there would be no proof of ownership and what good would a receipt be anyway because receipts do not gave names on. I know this seems pettyConsidering the scale of things andMaybe just venting but seriously...

[ploddertom]

Re: Marston Bailiff

When a Bailiff seizes any goods he does so on the understanding that he feels the said goods are those belonging to the Debtor. As we know many times they actually seize goods that belong to another person and it is up to that person to provide the proof they own those particular goods. In this case where there is no formal proof of ownership he should swear a Statutory Declaration stating which goods are his. This may be sworn at any solicitor - usually no appointment needed. Cost is £5/£10 and he may need 3 notarised copies of which one should be sent to the Bailiffs.

[CleverClogs]

Re: Marston Bailiff

If a ba:censored:rd bailiff puts his/her foot inside the door, is one legally entitled to stamp on that foot to remove it?

[bluebottle]

Re: Marston Bailiff

If a ba:censored:rd bailiff puts his/her foot inside the door, is one legally entitled to stamp on that foot to remove it?

If said scummy bailiff has no right in law to do so, you can use reasonable force to make them remove their foot from the door. However, it must not cause injury to the scummy bailiff. There are less violent methods which involve pepper and compressed air aerosols in their faces. That disorientates or incapacitates temporarily so that you can give them a shove and slam the door shut.

[bluebottle]

Re: Marston Bailiff

Is there any way to obtain a copy of such an alleged "warrant"?

If such alleged documents exist, whence might a certificated (or certifiable) bailiff obtain one?

It is strongly suspected that distress warrants Marstons have shown to police officers misrepresent the Magistrates Courts Rules and give the impression that they can force entry whatever. As most LBs know, the forcible entry provision for fines warrants is reserved for persistent and serial fine defaulters. Marstons are effecting forcible entry on a first visit and in cases where forcible entry is not justified or supported by a signed and sealed court order. In cases reported on LB and CAG forums, violence has been used against OPs or members of their families. If Marstons were to hand the warrants to their bailiffs as the court have sent them, Marstons bailiffs would have difficulty trying to explain and justify forcible entry when such force was neither justifiable, warranted or lawful in the circumstances.

Under the Accomplices and Abettors Act 1861 - link - any police officer who knowingly aided an offence would themselves be guilty of that offence. Their defence would probably be that they did not know that it was an offence, nor had reasonable grounds to suspect that it might be an offence.

The Accomplices and Abettors Act 1861 was amended by the Criminal law Act 1977, which is what I worked under when I first joined the police force in 1978. PACE came along in 1984 and amended matters further. Successive legislation since 1984 has amended Criminal Justice Law even further. Police officers have been mislead so often by certificated bailiffs that many now believe bailiffs can do what they like. One bailiff admitted to an OP, on CAG, that the police did not know bailiff law. A small number of police forces are very switched-on where bailiff law is concerned and, as a consequence, have a zero-tolerance policy towards bailiff misconduct.