Marstons

[gemmab4011]

Re: Marstons

i dont have the letter from him... lost or in the bin! i have just emailed the company for written proof of who he is etc
thanks for your reply, is one way to find out to contact the courts?

[bluebottle]

Re: Marstons

Was this encounter with Mr Carlton in the Devon & Cornwall Police area, by any chance, Gemma?

[gemmab4011]

Re: Marstons

yes! i have emailed the marston group today asking for his proof of identification and a huge complaint about him. is he not registered? how can i find this out? how do you know about him?

[labman]

Re: Marstons

is he not registered? how can i find this out?

Gemma,

If you look at the 'Introduction' section of the link below, you will find the information I mentioned last night about how to find out whether or not a bailiff is certificated:

http://www.legalbeagles.info/forums/...67-Council-Tax

Hope this helps.

[gemmab4011]

Re: Marstons

thanks thats gtreat i will call that number tomorrow. it wasnt for council tax though it was for an unpaid drunk and disorderly fine, not me my partner. he had a distress warrant which the police told me he could force entry without permission. i paid the 420 because i couldnt be dealing with the hassle, i have pets and couldnt go out with the thought of someone barging in on them. i have also reported him to the data protection act too, ill check tomorrow to see if he is even certified! thanks very much

[labman]

Re: Marstons

thanks thats gtreat i will call that number tomorrow. it wasnt for council tax though it was for an unpaid drunk and disorderly fine

I realise it wasn't for CTax, but you how how you could find out if a bailiff was certificated. I knew it was in that section - it's in other parts of the bailiff stickies as well, but that's the one I remembered last night when I first replied to the question lol! You find out the same way, regardless of what the offence is.

[gemmab4011]

Re: Marstons

thank you very much, i left messages on mr.carlton answerphone asking for proof of who he is and no reply, i have emailed the company and no reply as of yet. im going to get mr.carlton if it kills me lol

[labman]

Re: Marstons

I would suggest you track him as per the link above, if you cannot track him down and Marstons refuse to confirm at which court he is certificated, then you have no choice but to report him.

[gemmab4011]

Re: Marstons

i have tracked him down (i think) on the online register, but it he doesnt come up as an employee for the marston group. so i think he is possibly certified but not a proper employee?!?!

[bluebottle]

Re: Marstons

yes! i have emailed the marston group today asking for his proof of identification and a huge complaint about him. is he not registered? how can i find this out? how do you know about him?

I know about the bailiff concerned and of his activities through a previous thread involving him and a case near to where I live involving him. In that case, I suspect that the bailiff's backside is on fire and he's creating a smokescreen to deflect attention away from himself and Marstons illegal actions. And the information I have to hand is that the bailiff's actions are, potentially, illegal. Making false and malicious allegations to the police against debtors in order to deflect attention away from their often illegal actions is a common modus operandi of Marston bailiffs. Don't trust them as far as you can throw them. Smacking them in the mouth is tempting, but very messy. Pepper-spraying them is perfectly legal, if they are trying to force illegal entry or have forced illegal entry or are behaving in a threatening or menacing manner which puts you in fear of being attacked.

You will need to ask Marstons to give you the name of the court that issued the bailiff's certificate. You need to remind them that is is a legal requirement for them to provide you with that information and that it is a criminal offence to levy distress without being authorised to do so and to pretend to be acting under the authority of a court. being a retired policeman, I could think of plenty of offences that could be pinned on certificated bailiffs who levy distress without being certificated. Some of them carry substantial custodial sentences, i.e. in excess of five years' imprisonment.

Update: Checked the online register. The bailiff is showing as having been certificated since 14/05/12. However, this does now mean that his certificating court is known and the county court named is not exactly known for tolerating bailiff misconduct. One Rossendales bailiff was found guilty of Misrepresentation of Powers by said court and I believe the YouTube video is in the bailiff forum stickies.

Labman. I'm going to send you a PM.

[gemmab4011]

Re: Marstons

i have emailed the marston group asking for his identification, just waiting for them to get back to me. i am reporting him to the data protection act also as he broke that. i left a message on his phone also asking to see proof of who he is, havent heard a thing. i will call him again now... im recording everything from now on too.

[bluebottle]

Re: Marstons

Hi Gemma,

I don't think the Information Commissioner's Office (ICO) is going to be too chuffed with Mr Carlton's interpretation of the Data Protection Act 1998. However, because he is an employee of Marston Group, they are the data controller for the purposes of the Act. So unless its senior management are so cocksure of themselves, they could be looking at the ICO using its powers to inflict a Civil Monetary Penalty (CMP) on the company. The maximum CMP permitted by law, at present, is £500,000. Unless you have already done so, don't forget to make a formal complaint to HMCTS about his conduct. The Regional HMCTS Contracts Manager for your area is based at Exeter. I will try and find out the postal and/or email addresses for him/her.

Bluebottle

[gemmab4011]

Re: Marstons

i havr rang the data protection act, they said i have to wait to see if i get a reply from the marston group, if not, to call them back and report him. as for him working for marstons, i checked that online register, i typed in marston group and he isnt listed, he is only listed when you type his name in himself, and his employer bit is blank!

[labman]

Re: Marstons

This is one you definitely need to report to the HMCTS Regional Contracts Manager in Exeter as BB advised.

I suspect the email you need is below, but please wait for this to be confirmed:

bailiffs@exeter.countycourt.gsi.gov.uk

[bluebottle]

Re: Marstons

This is one you definitely need to report to the HMCTS Regional Contracts Manager in Exeter as BB advised.

I suspect the email you need is below, but please wait for this to be confirmed:

bailiffs@exeter.countycourt.gsi.gov.uk

I will contact the MoJ first thing Monday morning and obtain the required information and post up.