Urgent help regarding Marstons....

[bluebottle]

Re: Urgent help regarding Marstons....

I cant make any payment at the moment until i get paid, if i leave the house and there is no one in at all, are they allowed to enter the property? I know i should calm down abit but its very hard to actually be prepared all the time for them. I may just have a few beers to help relax me, i know its not the solution but god it will help

As has been said already, Marston Group need written authorisation from the court to force entry and the court will not give them that authorisation unless they can show justification.

[labman]

Re: Urgent help regarding Marstons....

if i leave the house and there is no one in at all, are they allowed to enter the property?

NO!

[Hurricane Puffrose]

Re: Urgent help regarding Marstons....

they have to gain peaceful (door open and in they come) entry.

If you need to go out, lock the dogs in and lock the door. THEY CANNOT BREAK IN WITHOUT A WRITTEN PERMISSION OR THE COURT!!!

if you have big mean dogs (read I look like I eat brains but I sleep with a teddy bear) then I think anyone with a braincell will think twice before going in there. As BB says put a sign up with the words CAUTION: DOGS RUNNING FREE!! I don't suggest the word BEWARE as I have been told this admits they are dangerous.. but BB can possibly clear that up.

[martyb82]

Re: Urgent help regarding Marstons....

thankyou very much for clearing that up for me, i think im gonna go out now as im fed up of waiting in. will rather lock the dogs in as you never know what type of bailiffs might come round and do to them, one of the dogs is big which would probably be enough of a warning for them but just dont wanna risk it!!
I still need to find out though about the validility of the distress warrant as its 189 days old now, my understanding was that it becomes invalid at 180 days. I am havinga copy of the warrant sent to me anyway, at first they said no they couldnt but i just persisted and got them to send me one.

[labman]

Re: Urgent help regarding Marstons....

Marty,

What was the original fine for? I'm reading a book called 'Law of Seizure of Goods' by John Kruse, a recognised authority on bailiff law. He says, "There are limitations on the commencement of civil and criminal proceedings within the Magistrates Court Act 1980 (s.127(1)) but there seems to be no time limit on the validity of a warrant issued to enforce an order." (If anyone else has this book I'm reading the bottom of page 97 under Warrants - Validity and Limitations). There are some variations to this depending on the initial offence.

[bluebottle]

Re: Urgent help regarding Marstons....

As regards dogs being on your property, as long as you display a sign making visitors aware of their presence, you should be covered.

Wording such as DOGS RUNNING LOOSE ON PREMISES should be sufficient and give sufficient warning to any would-be intruder.

I can recall a post, sometime ago, on LB, where a poster came home to find a well-chewed boot on their lawn. A bailiff had tried to break in and the owner's two Dobermans bounded out and sent the bailiff scarpering. The police found the errant bailiff at the local A & E Department nursing his wounds.

[toobusy]

Re: Urgent help regarding Marstons....

Hi, thx for the very fast response , might just have a beer and listen to some calming heavy rock

they were on my case few weeks back no need to worry if your no avoiding the debt and want to pay it, now theyve dropped the case and referred it back to court as they have it in in writing i was never ever trying to avoid the fine and intended to pay it off

[toobusy]

Re: Urgent help regarding Marstons....

LoL got a letter from marston scumbag bailiffs sayin they no longer want to deal wth the case and its been referred back to courts who've agreed to payment terms i can afford, thankgod for this website just a shame there are alot of people whom fall to there under tactics, one of the best forums im a member off, just a shame dont have to much time to offer advice to others in similar situations:tinysmile_hmm_t2:

[bluebottle]

Re: Urgent help regarding Marstons....

Glad to hear your good news, Toobusy. I am getting a number of people getting in touch with me in connection with the petition at Change.org about the actions of Marston Group bailiffs, who have been assaulted, intimidated or lied to by them. From what I have been told, it is clearly evident that Marston Group's fitness to hold an OFT licence is in question and I would not be surprised if enough people complain, formally, to HMCTS, their contract to enforce court fines could be at risk of not being renewed, also. It is due for renewal in 2013.

My feeling on the subject of private sector bailiff companies enforcing court fines is that it is not cost-effective for the taxpayer, there are public safety concerns and the question of legal compliance by the contractors, as many of us know, tends to be the last thing on the contractors' minds. I am, therefore, of the opinion that in addition to reporting incidents involving HMCTS-contracted bailiff companies to OFT Credit Fitness Team, that ALL incidents are now reported to HMCTS Enforcement Managers, too. Hopefully, this will open HMCTS's eyes to the reality and folly of using private-sector bailiff companies to enforce court fines.