HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff.

[smellybella]

Re: Scared I will Lose My Car Baliffs are coming Marstons

Sorry, Im still new, and very impatient, its not horrible I understand thankyou . KIm

[Sapphire]

Re: Car clamped!!! At home help!!! Marstons

Bumping for help

[Sapphire]

Re: Scared I will Lose My Car Baliffs are coming Marstons

Bumped for help

[labman]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

The problem there is that if there is any damage to the clamp (like you've cut it in half) you could be prosecuted for criminal damage. It's better to do things correctly, but emphasise to the court how inconvenient it is and any bus / taxi fares you have incurred, which of course you want refunding.

[labman]

Re: Scared I will Lose My Car Baliffs are coming Marstons

Sapph - the help has been posted, but the OP has three threads running about the same issue. I realise it's only because they're anxious, but they can see now it gets confusing. Perhaps site team could merge the threads?

[bluebottle]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Smellybella,

If Marstons do not have a Clamping Order from the court, the clamping of your car is illegal, per se. It is also possible that any attempted removal might also be illegal. Get onto the Area HMCTS Enforcement Manager today and get this sorted. It sounds like Marstons are up to their usual of behaving like certain characters on The Muppet Show.

[smellybella]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Thanks everyone for help, sorry if I posted inappropriate, I am very nervous and on edge. Anyways, I have done everything today to sort this mess out apart from pay the debt, as I dont get paid till next week its hard. I spoke with CAB, who were no help at all, she even give me a run down on what I have done wrong, in effect to payments and how its criminal, then she foned the baliff without my permission, I was mortified. I spoke with the courts who would not put me in touch with area manager, but the lady was extremely nice and tried her best to sort something for me, but couldnt. I eventually called the baliff and offered half payemnt this week and half next week. He point blank refused, said nope, I will collect the car tomorrow. They have left me no choice to remove the clamp and move the car, but that will only aggravate them, my car is my work job, Its a present from my father and its mine. I owe £30 not £5 what the car is worth. Nothing more I can do, till next week and I pay them.

[bluebottle]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Go back to the court tomorrow morning and ask for the direct telephone number of the Area HMCTS Enforcement Manager. Do not take no for an answer. I find that saying, "Am I to understand you are refusing to provide me with the direct telephone number of the Area Enforcement Manager for her Majesty's Courts and Tribunals Service?" has an amazing effect. Also, ring the manager at the CAB involved and report the volunteer who contacted the bailiff without your consent. What that person did was breach the DPA. If you suffer loss as a result of that CAB volunteer's actions, CAB are 100% vicariously-liable. You also need to find out if Marston have been issued with a Clamping Order by the court as the attachment of the clamp and any attempted removal could be illegal, regardless of what the Muppet from Marstons says.

[Hurricane Puffrose]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Hi Bella,

no one is cross with you, we just want to get everything in the same place so we can help you more.

We all can understand that you're scared hun, and we all want to tell you, you are doing fantastically, keep your chin up and don't take any attitude. Together we CAN beat them, knowlegde is power, and you are getting stronger as you learn. If you start to panic, take a few deep breaths and remember you CAN do this. you have every single one of us with you in spirit, and think of the immense pride you will have knowing you made a bully back down.

keep up the good work, and dont let them beat you down, you made a mistake, but you are not gonna let these people win!

I know you can do it!!

[smellybella]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Thankyou, I feel better each time i get a response, at least others understand. What should I do tomorrow when he arrives in the morning, I have moved the car and removed the clamp !! (ut oh he aint gonna be happy). I was gonna play thick and just shrug and tell him I thought he had took it, so if he aint, then it must of been stolen. Just bideing time to get the monies. So the courts today that I spoke to said he had done everything legal, but he has lied, as he said I had received a first warning which I didnt and that he had spoke to me on the phone which he certainly has not. Well not up untill 6pm today was the first time i spoke with him. What will he do tomorrow when he comes and the car has gone?

[bluebottle]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Unfortunately, some court staff don't know their arses from their elbows. If you didn't speak to the Area HMCTS Enforcement Manager, I would not put much weight on what you were told by the muppet you spoke to today. What you do need to find out is if Marstons were issued with a Clamping Order. If they were not, they have acted illegally and there is nothing they can do about you moving your car. The fact you were able to remove the clamp so easily tends to suggest to me they did it as a threat. If they had a Clamping Order, you would not have been able to physically remove it.

When the Muppet from Marstons turns up tomorrow, ask to see a copy of the Warrant and a Clamping Order. Expect him to refuse. Make sure you have spoken to the Area HMCTS Enforcement Manager beforehand. This will give you ammunition to fire at the Muppet. Don't be scared by any threats. If you have a mobile phone with the ability to be used as a voice recorder, record what he says.

[smellybella]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Hi A bit of good news, I have spoke with the Courts again today, who have asked me to send them, proof that I have a brain tumor, which I have I had to fax over a letter from the Dr and someone will deal with baliffs.
Anyways, baliff arrived again today, and has told me because I have removed the clamp and car that the police will be called now for theft of HOS vehicle as he had seized it. I had 5mions to get the money to him. Did not tape it. I also spoke with Marstons and asked them to hold payment till next week, they refused as well, I asked them for the managers name of the baliff, they refused, I also believe there is not a warrant, it was an opffical document from Marstons, he said today also that he had camered the clamp on my car as well, dont know if I believe him. I have been advised to get a form 4??? issued against the baliff as his cost have been exaggarated £215 to remove the car, the car has never been removed. I also obtained a certificate number of this baliff only four digits is this correct, the call centre gave me tha. I will complain after this nightmare is over and I will have great pleasure in saying good riddance to Marsdens.

[Hurricane Puffrose]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

well done you!!

How does it feel to stand up to a bully?!?

BUMPING or BB's attention

[smellybella]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

well done you!!

How does it feel to stand up to a bully?!?

BUMPING or BB's attention

Hi, I have not won yet but i feel alot happy than yesterday, My boyfriend came home today and he asked where the car was (Baliff) my chappie just shrugged his shoulders, he said (BAlliff) tell her five Mins or the police will be call for theft of a motor vehicle. there is no warrant attached, to my letter, when I have read it again it does say I have six days to pay otherwise, the vehicle will be sold surely this is when the clamp should of been applied on the sixth day. I think he has just dropped a bomb. The advice centre said today, once the £30 gets waivered, then the balliffs cannot collect any fees as I do not owe the magistrates. I hope all works out tomorrow, and I hope the police dont come tonight over my theft.

[smellybella]

Re: HELP PLEASE ANYONE> Received a distress notice, hand posted. Not seen the bailiff

Hi, I have not won yet but i feel alot happy than yesterday, My boyfriend came home today and he asked where the car was (Baliff) my chappie just shrugged his shoulders, he said (BAlliff) tell her five Mins or the police will be call for theft of a motor vehicle. there is no warrant attached, to my letter, when I have read it again it does say I have six days to pay otherwise, the vehicle will be sold surely this is when the clamp should of been applied on the sixth day. I think he has just dropped a bomb. The advice centre said today, once the £30 gets waivered, then the balliffs cannot collect any fees as I do not owe the magistrates. I hope all works out tomorrow, and I hope the police dont come tonight over my theft.