Court didnt receive my letter so issued magistrates distress warrant to gain access

[Hurricane Puffrose]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

http://www.writetothem.com/

for all your writing to MP needs

[bluebottle]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

Firstly, the bailiff cannot remove goods belonging to a limited company. As other LBs on this thread have stated, a limited company is an entity in its own right. If it is not named on a warrant, the bailiff cannot levy or seize anything belonging to the company. Not only would the numpty be committing the offence of Theft, if he broke into the company's premises and removed them, he would be committing Burglary and that carries a maximum penalty of up to 10 years' imprisonment on conviction.

I am building up a file of incidents involving Marston Group bailiffs and one thing I can tell you is that when these thugs are challenged to produce the warrants they claim to have for inspection, they become very agitated and aggressive. In a number of cases recently, they have resorted to violence, including smashing someone's head against a wall and seriously injuring an innocent person by pulling at their clothing, causing them to plunge headlong down a flight of 13 steps.

I would not believe anything these thugs say, as much of it is out and out lies. Your MP is certainly a good move and a chat with a legal professional at your local Law Centre or Community Legal Service office is also a good move. Either or both of them should be able to extract information from the court as to the status of the warrant Marston Group have been issued with.

[toobusy]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

hello im contacting MP first thing 2morrow but already went to the citizen advice already yesterday morning they said cant do nothing and referred me to the courts, went there they said cant do nothing once the distress warrant is issued, i should of checked that they received the letter and that were willing to accept my new payment proposal

But I wont be calling marstons anymore as they denied any calls made to them regarding this 3 weeks ago, and kept on saying ive tried to avoid paying the fine when its been paid for the last 2 yrs either out of benefits or income when was working, payments have always been made on time, when called the bailiff yesterday morning was dialing 141, so ive sent a letter recorded delivery explaining that want to make payment in instalments and can only afford what ive offered to pay.

anyway thanks for your advice hopefully my local MP can assist today

[bluebottle]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

hello im contacting MP first thing 2morrow but already went to the citizen advice already yesterday morning they said cant do nothing and referred me to the courts, went there they said cant do nothing once the distress warrant is issued, i should of checked that they received the letter and that were willing to accept my new payment proposal

But I wont be calling marstons anymore as they denied any calls made to them regarding this 3 weeks ago, and kept on saying ive tried to avoid paying the fine when its been paid for the last 2 yrs either out of benefits or income when was working, payments have always been made on time, when called the bailiff yesterday morning was dialing 141, so ive sent a letter recorded delivery explaining that want to make payment in instalments and can only afford what ive offered to pay.

anyway thanks for your advice hopefully my local MP can assist today

What you have experienced is just how corrupt Marston Group is. Claiming you have avoided paying the fine is a common tactic of theirs to justify forcing entry to your home. How much of the fine have you paid so far and how much is outstanding? Your MP is a must and don't rule out speaking to your local Law Centre or Community Legal Service office. A letter from a solicitor to the court asking what the hell is going on might help also.

[Caledfwlch]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

What you have experienced is just how corrupt Marston Group is. Claiming you have avoided paying the fine is a common tactic of theirs to justify forcing entry to your home. How much of the fine have you paid so far and how much is outstanding? Your MP is a must and don't rule out speaking to your local Law Centre or Community Legal Service office. A letter from a solicitor to the court asking what the hell is going on might help also.

If the OP wants to protect his personal goods, he should also consider getting a friend, family member or the landlord to do a Statutory Declaration, so the Bailiff cannot touch anything in the property anyway. As the Bailiff has seen his car, he should also make a habit of parking it a couple of streets away until this is sorted.

Also, consider doing a Stat Dec on the Companies goods too - so that you have a legal bit of paper stating all the LTD companies goods belong to the company.

And as this is Marstons, I would strongly recommend that if the Bailiff visits, the OP only ever speaks to them through a letterbox or upstairs window, and does not let themselves be in a situation where there is not a solid door or wall between them. Marston's are becoming extremely renowned for committing violent assaults on Debtors, and anyone cursed to be visited by them needs to keep indoors, in order to avoid being attacked.

This is the state of the UK in 2012, that we are having to warn people to stay inside, because the legal representatives of the Justice System have become well known for attacking and performing violent assaults. FFS. :tinysmile_cry_t:

[toobusy]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

ive emailed my local MP as that seems the only way of contact, yes the bailiff was acting like a wild dog to put in lightly basically bashing at the door/ windows, so much that neighbours came out thinking was getting broken into, then he started to speak (shouting loudly so neighbours could hear ) on his phone mic saying his refusing to pay the fine and breaking the law by not letting him access the property, can you book the police & locksmiths.

As for Statutory Declaration, shall I list all the tools & goods in the building rented to run business from belongs to the LTD company? Then get a legal rep to sign it? so if they do find out where that is cant start ceasing stock & tools? like my laptop/ tool box/ stock etc...?

I sent a letter to marstons recorded delivery (phone calls seem to be a waste of time), yesterday stating im prepared to make payment so they cant come out with the rubbish ive been trying to avoid the debt. 40% has been paid so far.

citizens advice bureau & courts dont want to know about the matter as said you have to deal with bailiffs.

thankyou very much for the advice

[bluebottle]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

Right. It's time to take the gloves off and go bare knuckle. The Moron from Marston is potentially committing an offence by false claiming you are refusing to pay the fine. One offence that comes to mind is Section 3, Fraud Act 2006 (Fraud by Withholding of Information). He is committing an offence against yourself and HMCTS. As for his behaviour outside your home, this is a clear breach of the MoJ's National Standards for Enforcement Agents and puts Marston Group in breach of their OFT Debt Collection Licence. I am attaching a copy of the OFT Debt Collection Guidelines and a guide to reporting bailiff companies to OFT Credit Fitness Team in order that you can and should make a complaint to the OFT. They are building up a sizeable collection of complaints against Marston Group and it will be interesting to see which complaint triggers enforcement action.

You will need to include the following details in your complaint: Company Name: Marston Group Ltd Credit Licence No.: 333059

The most important thing is to get a legal professional onto this as soon as possible. As Caledfwlch has said and I am repeating, Marston Group bailiffs are violent thugs. Don't let them make you yet another of their victims. A letter from a legal professional is taken a lot more seriously than if an ordinary person tries to deal with it themselves. I am a retired policeman and have had the benefit of police training. Others are not as fortunate as I have been and I advise on forums like Legal Beagles so that they can benefit from my knowledge and experience. Please take note of the advice we are imparting to you and get a legal professional onto this before Marston's thugs go too far.

[toobusy]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

hello thanks for the advice, rang up the consumer legal helpline where they put me through with a solictor who advised i cant do nothing, as its out of the courts hands now and with bailiffs, all they suggested was sit it out for another 3-4 months as they will then have to give case back to the courts and also said it will be highly unlikely bailiff will accept instalments as he has 6months to get the money or return case back to court and not get paid.

Did make me aware of my rights, but im pretty much ****ed off about the whole thing, no wonder people dont bother working as when u finally do retrain urself after longterm unemployment make a simple mistake by not following up court letter then get slaughtered by bailiffs, then no one wants to know, so looks like im having to live a underground lifestyl;e to try and avoid the bailiffs my cars ebing registered in brothers name so at least that cant b seized

anyway thanks for the above links defo will be submitting a complaint and get a statement form the tenant below as he came running up to see what was going on


:tinysmile_cry_t:

[bluebottle]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

If Marstons' bailiffs are repeatedly claiming you are refusing to pay the fine, I would urge you to send a Signed For letter to the Court Manager. This corruption needs to be nipped in the bud. I'm going to draft you a letter to send to the Court Manager. make sure you send copies of ALL correspondence between yourself and Marstons, ESPECIALLY the letters where they are alleging you are avoiding paying the fine. HMCTS needs to be put on notice that they are 100% vicariously-liable for the actions of Marstons, including any damage caused to your property and injury caused to you.

[pepsie]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

Just to add....you have run around in circles and been given threat upon threat ..would you believe me when I tell you that if you do just sit it out the case will be returned to the Court and you will then be summoned before the Magistrates to explain the reasons why ..which is exactly what you have been trying to do all along!!!

Can I suggest ....you send the payment you have offered to Marstons with nothing else other than your name address and the Court ref number ...send each payment by recorded delivery and mark the envelope 'payment enclosed'.... keep all evidence to having sent the payments, that then puts you in the driving seat when they continue to allege you are 'refusing' to pay?

Pepsie

[bluebottle]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

hello thanks for the advice, rang up the consumer legal helpline where they put me through with a solictor who advised i cant do nothing, as its out of the courts hands now and with bailiffs, all they suggested was sit it out for another 3-4 months as they will then have to give case back to the courts and also said it will be highly unlikely bailiff will accept instalments as he has 6months to get the money or return case back to court and not get paid.

Did make me aware of my rights, but im pretty much ****ed off about the whole thing, no wonder people dont bother working as when u finally do retrain urself after longterm unemployment make a simple mistake by not following up court letter then get slaughtered by bailiffs, then no one wants to know, so looks like im having to live a underground lifestyl;e to try and avoid the bailiffs my cars ebing registered in brothers name so at least that cant b seized

anyway thanks for the above links defo will be submitting a complaint and get a statement form the tenant below as he came running up to see what was going on


:tinysmile_cry_t:

When you say you rang the Consumer Legal Helpline, do you mean the Consumer Legal Helpline or one of the two free/low-cost legal services I mentioned in one of my posts?

[gemspan]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

What about the Police? Surely they are committing a criminal offence by behaving in this way...or am I wrong and they can behave like this? Can they terrorise people legally? This is shocking! :tinysmile_cry_t:

[pepsie]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

The police advocate all bailiff actions to be a 'civil matter' and are not interested....it is only when the same people reporting the bailiffs threats, actually get bashed and battered they become 'interested'.

Pepsie

[bluebottle]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

The police advocate all bailiff actions to be a 'civil matter' and are not interested....it is only when the same people reporting the bailiffs threats, actually get bashed and battered they become 'interested'.

Pepsie

Very few police forces take bailiff misconduct seriously, Pepsie. The only two I know of who have an acceptable approach to such matters are Devon and Cornwall and Hampshire. However, having said that, police officers are beginning to wake up to the fact that certificated bailiffs are not what they claim to be and are misleading them and putting them in dangerous positions, legally.

[bluebottle]

Re: Court didnt receive my letter so issued magistrates distress warrant to gain acce

What about the Police? Surely they are committing a criminal offence by behaving in this way...or am I wrong and they can behave like this? Can they terrorise people legally? This is shocking! :tinysmile_cry_t:

No they cannot. Unfortunately, police officers do not cover bailiff law during their training and this reflects in their attitude to bailiff misconduct. It is also becoming clear that senior police officers are pretty clueless when it comes to bailiff law and, of course, this filters down to the coppers on the beat.