Advice Needed With Marston Group Baillifs

[lozbinks]

Hi Folks,


Have had to come here for some advice if any can be given. Yesterday morning I was awoken by three of these 'enforcement agents heavily banging on my front door and shouting that they would put it through if I didn't answer the door, (I am 25 years of age, live on my own and have a disability)


I was rather shaken as I had just been awoken and fearing that whom ever may have been at my door was going to start kicking it through I reluctantly opened the door to one of these people telling me I was being recorded and that I must pay him £568 for an unpaid train ticket fine for myself which was over at least 6yrs ago, (he very briefly flashed a document at me claiming it was from the courts) but not being completely clear on my rights when it comes to these people and based on the fact that he was saying if I didn't pay him now then he would start removing my possessions I offered to set up a payment plan since I don't have a spare £568 lying around, to which he instantly refused and suggested that maybe I should call someone who may be able to help.


Still feeling a bit shaken I reluctantly phoned my mother, while I was in the process of explaining to my mother what was happening one these people said something along the lines of 'it may be that you don't have anything we can take to cover the the debt and if he could have a quick look..'


While still on the phone to my mother who is a pensioner was saying she couldn't afford it, I wrongly let the first one in (who was quickly followed by another who remained out of my sight and stood in the hallway which leads to my bedroom and when I asked him to come where I come see him he replied by saying he'll stay there and that he doesn't want to intrude..) under the hope that he may say I have nothing to take and leave to which he didn't and requested that he speak with my mother and started to tell her that if she didn't pay the debt on my behalf then he would request the police and a auctioneers van to be sent out (even though these people had already came in a van) and they would start removing my possessions and that would incur me more costs.


My mother unwittingly assumed what he was saying was lawful and correct. (to which after many hours of continuing research I'm kind of coming to the conclusion it is in fact not especially the fees the companies are charging) Fearing this man was going to empty my flat of all my possessions (some of what she had bought for me) for the sum of £568.70 she gave this man her credit card details and paid the full amount on my behalf (including a £17.06 charge for paying using her credit card).


As soon as this man scribbled out a quick receipt stating the client as HMCTS GREATER MANCHESTER he was gone



I noticed that on the receipt there are no itemised Fee's apart from the card fee's should there have been? as I'm sure my unpaid train ticket fine can't be £568.70.


From what I have read in your forums I believe I would be right to detest this payment made by my mother and have noticed people talking about Leaflet EX345, published by the Court Service that says Page 5 they do not charge me for the work they do.


Any advice on what actions I can take to getting a some sort of refund/justice from these people will be greatly appreciated.

[pepsie]

Re: Advice Needed With Marston Group Baillifs

Marstons have broken every rule in the book...the first thing to do is get your mum to do a charge back of the payment (cancel it)

we have a member of LB who is currently pursuing Marstons on another matter called bluebottle, he will be very interested to read this post and I have sent him a message to look in.

Pepsie

[Celestine]

Re: Advice Needed With Marston Group Baillifs

OMG Marstons??!! Has someone been feeding their staff dodgy steroids of late, they are totally out of control.

Welcome to Legal Beagles LozBinks x

[bluebottle]

Re: Advice Needed With Marston Group Baillifs

Hi Lozbinks,

Marstons have not only broken every rule in the book, my gut-feeling is they have broken the law as well. You will need to speak to your local Law Centre or Community Legal Service office, who can provide you with free or low-cost legal advice/assistance, about this as the matter needs to be pursued with HMCTS Manchester. If it transpires no warrant was issued, the Law Centre or CLS office may refer the matter on to Greater Manchester Police (GMP) as the offences that are evident in your post are -

Attempted Burglary
Blackmail
Fraud by False Misrepresentation
Being in Possession of An Article for Use in Connection with Fraud

And those are for starters. Get your local Law Centre or CLS office to help you chase this up and then come back onto this thread.

Oh and for the record, I am a retired police officer. So if any certificated bailiff or manager from Marston Group is reading this thread, be warned as to the consequences of what happened in this case and other cases reported on these forums. I am already after one Marston Group thug and will do whatever is necessary to have their bailiff certificate discharged by their certificating court. And that's before the GBH charge gets laid.

[pepsie]

Re: Advice Needed With Marston Group Baillifs

Please take a read of this ..then with a pen at the ready you can play spot the breaches, that will be a taster for things to come when taking Marstons to task??

http://www.consumeractiongroup.co.uk...iewing%29-nbsp

Pepsie

[lozbinks]

Re: Advice Needed With Marston Group Baillifs

Thank you very much everyone for your kind and welcoming responses, your help and support is more than appreciated.

I have spoke with my mother and she will be contacting her bank first thing to request the funds be reversed as will I be making some calls to my local law centre and community Legal service office so will update on both situations then.

A few months ago one of these men turned up at my mothers address where I have not lived for over 7 years demanding she tell them my current address to which she refused on two occasions. He told her she was to tell me to contact the courts fines department which to my recollection I did and told them I would be willing to set up a payment plan which was refused and I was given another two days or so and if payment wasn't made in full then the bailiff would be sent... the call went something like that from what I recall. I do definitely remember the fine being quoted by whom ever I spoke to at the courts fine department being no where near the figure these people have taken from my mother.


I have been advised to find out if the court issued a judgement against me and whether the court just issued marston a warrant of execution, as I'm not sure, should I call the courts and ask them if it was a judgement or a warrent of execution that was issued against me?

Edit: Just had to add this to my post after some search on another forum I came across a video that had been posted of two bailiffs breaking in to a pensioners house, threating him and trying to/but ultimately didnt end up taking his possessions and to my amazement the one with all the aggression is the exact same bailiff that was threatening me only yesterday morning! And he was being that aggressive even with a police officer stood there, so I can imagine he would have had a right go at getting in my property if I'd have declined his request to come in, but knowing what I know now and hopefully my mothers bank reverse her funds I will then relish them coming back and I will be waiting with my new found knowledge and camera!

Here is the video and the character in the white t shirt is the same one that was threating to smash my door down and take all my possessions.

[messimoo]

Re: Advice Needed With Marston Group Baillifs

if that big headed fat evil little ***** bailiff came to my door I would have physacally thrown him out via a sharp foot in the groin area revolting little man, and that cop should have known better, I actually shpould haveone of our local plod round today myself to return a memory stick as we are helping our local plod to erradicste a problem with uninsured, unlicenced motorbikers and quad bikers (along with our neigbours) who use our park out the back as a dirt track. (or grass track) and I will have a chat with him about bailiff laws and show him videos of the illegal activities that this shower do.

I have told our loverly peeps on here about what marstons did to me (wrong person) and if I had not nipped it when I did, they could have lost the sale of my old house (they lied to the estate agents by saying that the house was abandoned (sorry for repeating this to all who read before) Hubby decorating with heavy rock playing, Cat in window, car down drive me in garden (not even my debt) took number from board called them and broke data protection laws. and that is when they backtracked and told them they thaught the house was abandoned , just shows that this filthy peice of doggie doo doo,s will lie and do anything to scam people out of what little they have.

[messimoo]

Re: Advice Needed With Marston Group Baillifs

spoke to our officer who returned our memory stick and he is well versed on bailiff laws, and told me that if it was him there these bailiffs would have been arrested for trespass and threatening behaviour, We had a good chin wag about this and said it was the inner cities and young officers who were the worse and agreed that they all should be versed in bailiff laws (he certainly was) good on him. (just wished he was more versed on burning things on cd LOL and admittd he was useless at it so helped him.

Nice to have a good cop amongst us too.

[pepsie]

Re: Advice Needed With Marston Group Baillifs


"I have been advised to find out if the court issued a judgement against me and whether the court just issued marston a warrant of execution, as I'm not sure, should I call the courts and ask them if it was a judgement or a warrent of execution that was issued against me?"

I think it safe to say there is a judgment against you.... and ask the follow questions to enable me to get a bigger picture of the actual offence and how it has reached this stage

1. were you aware to having traveled on a train without ticket? if yes.....
2. did you receive the fine as a fixed penalty? if no.......
3. were you sent a summons to your current address?
4. You mention a disability..can you elaborate on that please as it may be relevant to enforcement actions

Pepsie

[bluebottle]

Re: Advice Needed With Marston Group Baillifs

Hi Messi,

Nice to know there are coppers who have taken the time and trouble to swat up on bailiff law. Sounds to me like he's an "old school" copper, which is what I was. My attitude is still very much "old school". I have to agree that the younger officers in inner city areas do need to listen to their older and retired colleagues and learn from their experience and wisdom. They would be much better officers as a result and command more respect from the public, too.

Lozbinks,

As I was watching the video, I was playing "Spot the Offence". The police officer was a complete and total numpty. He should have stopped the two Marston thugs, but he didn't. He has now rendered himself liable to a Police Conduct Enquiry and, possibly, an appearance in front of a Police Conduct Tribunal on charges of Neglect of Duty. If a Tribunal felt what he did was sufficiently serious enough to warrant doing so, they have the option to instruct his Chief Constable to issue a Final Written Warning, or Require Him to Resign As An Alternative to Dismissal or Dismiss Him from the Police Service.

I brought the incident near to my home involving a Marstons' thug to the attention of my local MP who is taking the matter very seriously and is anxious to get this sort of behaviour addressed by the relevant department/agency. Cancelling Marstons' contract with HMCTS would be a good place to start. Cancelling all of their public debt contracts would be better. If it is made clear to other companies that they could be next if they and their bailiffs cross the line, even better. The key is to have ALL police officers trained in bailiff law as a matter of urgency. Once that is done, watch the certificated bailiffs besieging chemist shops en masse for packets of Imodium Plus capsules.

[messimoo]

Re: Advice Needed With Marston Group Baillifs

Bluebottle he is an absolute gem commited, learned, and know the laws def old school.

I watched the video too and was I mistaken read or heard it wrong ? that these 2 criminals entered his property while this elderly gentleman was preforming his ablutions complete contempt.

[bluebottle]

Re: Advice Needed With Marston Group Baillifs

Bluebottle he is an absolute gem commited, learned, and know the laws def old school.

I watched the video too and was I mistaken read or heard it wrong ? that these 2 criminals entered his property while this elderly gentleman was preforming his ablutions complete contempt.

I hate injustice, Messi, particularly when it is thugs, like Marstons, bullying those who are least able to defend themselves or those who have not been as fortunate as I have to attend Hendon Police College. Educating the police as to the behaviour of bailiffs, the offences they commit and relevant legislation is the key. I am currently looking at the feasibility of setting up a network of volunteer Bailiff Busters, familiar with bailiff law, who can advise both debtors and police officers, with another member on CAG, where I also post. That is something that would help address the problem until ALL police officers can be trained in bailiff law.

[messimoo]

Re: Advice Needed With Marston Group Baillifs

me too hope you get the law changed police do need to know this as there would be less of these thugs who lie, cheat and steal off the vunarable. being a polite person I am holding back the torrent of swear words to show my contemp of these thugs.

[Inca]

Re: Advice Needed With Marston Group Baillifs

That video link led me to another one and good old Ross and Roberts popped up,,and lo and behold,there was my No1 handsome hunk of a 'bailiff'......doing what he did best,muddying fact with fiction and tying his little sainted self up in knots,,only this was before he got the boot for doing what he did here. The female 'bailiffs' were on there too,,way to go,,girlfriend !! They did the ole ghetto head rock etc when they came here,,but it takes one to know one and I can outb**ch most people,,,made for an entertaining morning for me whilst me heating men finished

[TUTTSI]

Re: Advice Needed With Marston Group Baillifs

Having watched that video this morning I cant help thinking that the policeman in that video did absolutely nothing to ensure that the Marston Bailiff show that gentleman the court documents that were being requested or even his bailiff badge etc.It looked like the policeman was in carhoots with the bailiffs. There was no proof offered whatsoever for them intruding on the property. Also, the gentleman should never have left his door open whilst he was not there as once they have an open door they can just walk in they just say the door was open for them to enter.

I just hope that this bailiff and his side kick get their just deserts as they are scum.