Marston Bailiff

[scooter lady]

Re: Marston Bailiff

Hi all. I went to CAB today. They said I should get a job there given how much information I had collected. All credit going to fantastic people on the internet. They are going to help me write a letter to the police on Monday. Today I have sent a letter to Marston by post and email giving them 7 days notice to respond. (letter template given by Jason @ dealing with bailiffs.)

Thank you so much for your help and support. I am ever so greatful.
x

[scooter lady]

Re: Marston Bailiff

erm, Marston have not refunded me my unlawful and illegal fees. no suprises. Small claims court or Form 4 or both? Also in the letter I sent, it said I would make a complaint to the police under the fraud act. I am sure the police will just tell me to go away though. Any suggestions on the next step please?

[CleverClogs]

Re: Marston Bailiff

Although it is probable that Marstons will do precisely nothing in response to your letter, it would be as well to wait until the deadline has expired before suing the arrogant ba:censored:rds.

Did you send that letter by Recorded Delivery or just get a Certificate of Posting from the Post Office?

[scooter lady]

Re: Marston Bailiff

I got a certificate but I did send by email too. Deadline expires tomorrow anyhow. X

[bizzybob]

Re: Marston Bailiff

I would do as bluebottle suggests and report to OFT under credit fitness, make sure you indicate that the bailiffs acted totally illegally, and seized goods for a debt that no longer existed.

[scooter lady]

Re: Marston Bailiff

I will do that for sure but do the Oft have the power to refund illegal fees?

[scooter lady]

Re: Marston Bailiff

Also, I am sorry to be a pain but if I am reportingTo the Oft and filing a police complaint, are they the only steps I should be making at this point. I have learned so much new information and got so much advice I feel crippled. I am close to giving up on the whole process as I am very stressed by it all. Maybe I should try to forget about it all for a fewWeeks and come back to it fresh....

[CleverClogs]

Re: Marston Bailiff

I will do that for sure but do the Oft have the power to refund illegal fees?

Not as far as I am aware, though they might be able to persuade Marstons to behave themselves.

[bluebottle]

Re: Marston Bailiff

Hi Scooter Lady,

Okay. I've read back through the thread. HMCTS are 100% vicariously-liable for the actions of Marstons. You can claim any money Marstons extorted from you that they are not entitled to from HMCTS. This will probably somewhat p*ss-off HMCTS, but that is what 100% vicarious liability means. I would strongly advise you to speak to a legal professional at your local Law Centre or Community Legal Service office about this as there may be a cause of action for Trespass against HMCTS because of the Marstons' bailiff's behaviour. Law Centres and CLS offices provide legal advice free of charge or at very low cost. The complaint to the OFT is simple. Just follow the steps in the post near the beginning of this thread. Also ring Trading Standards and report the matter. If they have an email address, ask if you can forward the complaint to the OFT to them as a reference. With regard to the complaint against the bailiff, write to the Court Manager at the court where the bailiff's certificate was issued and head it FORMAL COMPLAINT. If the Court Manager writes back saying that the District Manager wants you to submit a Form 4, then do so. As regards the complaint against the police, I suggest you put that on hold at the moment as I will need to talk you through that and assess whether it is viable to pursue a complaint and on what grounds and who would the most appropriate to complain to, the police force involved or the IPCC.

The best way to deal with this is to break it down into manageable chunks, as follows -

1. Send email complaint to OFT Credit Fitness Team;
2. Ring Trading Standards;
3. Write to Court regarding bailiff's behaviour;
4. Ring Law Centre/Community Legal Service office and ask advice/make appointment to see legal professional;
5. Send PM to Bluebottle regarding complaint against police.

By doing this, it should be easier to cope with.

[scooter lady]

Re: Marston Bailiff

Bless you BB. A logical order to go by. I had contacted CLS last week. They had given me advice 6 months ago on another issue and apparently they can only give out advice once every six months. I am able to contact them again on the 10th August and shall be doing that. Much respect and love to you.

Me
x

[Nic]

Re: Marston Bailiff

Deffo complain scooterlady I am also going to be putting a complaint I. About them to oft which bb knows about they must be getting close to losing there licence as the way they continually conduct themselves is appalling

Let me know how you get on

[bluebottle]

Re: Marston Bailiff

Marstons have had a series of complaints made against them to OFT and TS, many of which are of a serious or very serious nature. Forcing entry and obtaining money that is not due seems to be their current modus operandi. OFT take a serious view of this sort of complaint and I would not be surprised to hear that Marstons had had an Adverse Determination to Refuse Renewal of or Revoke their Category F Licence. Although they would have a right of appeal to the First-Tier Tribunal, with the serious or very serious nature of the incidents that have given rise to the complaints to OFT and TS, my gut-feeling is that it may well be the end for Marstons. Assaulting debtors is regarded as as conduct bringing into question the fitness of a person or company to hold an OFT Licence.

[scooter lady]

Re: Marston Bailiff

I had a letter back from the muppets (sorry it's contagious). They acknowledged my complaint and included a leaflet that explains their complaints procedure. The only thing is I did not make a complaint. I asked them to show me that their fees are lawful and if they are unable to provide that information to make a refund....They said they will be writing to me about thus complaint at their earliest opportunity!

After speaking with the b/f we agreed that we must not let this slide. We went through the OFT guidelines and made our complaint. We actually found 16 obvious guidlines by the OFT that the Muppets broke. I hope they kick some butt.

I telephoned the police station to see if I could arrange to make a statement of complaint against the bailiff. They said it was a civil matter. I said it was a criminal matter under the Fraud Act 2006.They said it was a civil matter...again.
No suprises there then!

Thanks again all, especially BB. I will be calling CLS on Monday. Will keep you posted x

[scooter lady]

Re: Marston Bailiff

btw, do you think someone would be able to get the transcripts of the telephone calls I made to Marstons on that day? (maybe the OFT, or someone from legal aid) I know they do record the calls. I want official people to hear how rude and unpleasent they are and how they couldnt give a monkeys about any of the guidelines or how their operation affects people.

[bluebottle]

Re: Marston Bailiff

btw, do you think someone would be able to get the transcripts of the telephone calls I made to Marstons on that day? (maybe the OFT, or someone from legal aid) I know they do record the calls. I want official people to hear how rude and unpleasent they are and how they couldnt give a monkeys about any of the guidelines or how their operation affects people.

You can do that with an SAR, but it will be the voice recordings, not a transcript. There is transcription software you can download for free from NCH Software's website at www.nch.com.au/software/dictation.html. The software is called "Express Scribe". There is also a lot of other types of software you can download for free from the main NCH website at www.nchsoftware.com.