Marstons at the door

Re: Marstons at the door

I agree - the Form 4 should only be used as a last resort.

[bluebottle]

Re: Marstons at the door

I would hold fire on submitting a Form 4 for the moment, although it is something you should keep up your sleeve. Common Assault is a criminal offence and the civil courts cannot deal with criminal matters unless the DPP has consented to the matter being dealt with by the civil courts and it has not been through the criminal courts. Go through the HMCTS Enforcement Managers first and see what they plan to do. Report it to the Regional HMCTS Contracts Manager as well, who is likely to kick the backsides of Marston Group senior management at the monthly meetings they have.

Re: Marstons at the door

Here you go:

[bluebottle]

Re: Marstons at the door

Assault.


Entry as a trespasser (not authorised to go into other rooms) ... into a building (sub-parts of buildings may be considered separately) ... intent to commit theft (he knew that goods in there were not yours, and intended to take them) ... Burglary.

Too right it's Burglary, Enquirer. Section 9(1)(a), Theft Act 1968 clearly states "...enters a building or part of a building.... as a trespasser... with intent to steal." HMCTS will love Marston Group for this. For the purposes of the Act, a room would be "part of a building".

[daggz68]

Re: Marstons at the door

Bluebottle you said that what he did was common assualt. Surely something can be done regarding the police?

[daggz68]

Re: Marstons at the door

So whats this Form 4 I can collect? Will that help still?

[enquirer]

Re: Marstons at the door

He opened the downstairs toilet door before pushing me out the way forcefully to get into the kitchen.

Assault.

He went upstairs into the land ladies bedroom knowing it was not my room.

Entry as a trespasser (not authorised to go into other rooms) ... into a building (sub-parts of buildings may be considered separately) ... intent to commit theft (he knew that goods in there were not yours, and intended to take them) ... Burglary.

[bluebottle]

Re: Marstons at the door

Thank you.
I can't call out till tomorrow as I have no credit on my phone till then. This will be done in the morning. Could I still get an injunction out against the representative as a person though?

As stated in my previous post, it is going to be very difficult to obtain an injunction, as he is contracted to HMCTS through Marston Group, as you would have to cite HMCTS as 1st Defendant and Marston Group as 2nd Defendant on the Form PF39CH. That will be nigh on impossible. Also, it costs £175 in court fees to have an injunction issued, unless you are entitled to remission of fees due to limited income. You best course of action, at present, is through the HMCTS Enforcement Managers and HMCTS Contracts Manager. The Enforcement Managers can and should nip this sort of behaviour in the bud. The Contracts Manager oversees the contractors' performance of their contracts with HMCTS and can call them to account for any unacceptable conduct to the point of revoking their contracts through the Ministry of Justice.

[daggz68]

Re: Marstons at the door

Thank you.
I can't call out till tomorrow as I have no credit on my phone till then. This will be done in the morning. Could I still get an injunction out against the representative as a person though?

[bluebottle]

Re: Marstons at the door

Just writing an email to OFT
"Dear Sir/Madam,
on 02/01/2013 at 7.20am a representative came to the front door of the house I rent a room in. The company has already had a statutory declaration from my land lady as to what room I rent. The representative, Mr. ************* knocked me out the way damaging my arm, for which I have been to the doctors to have checked out as of 03/01/2013 at 10.50am. He then proceeded to go into the living room and also the land ladies bedroom, knowing full well which room I rent as he stated that he knew. I shall as of tomorrow report his actions to the police for either common assault or whatever the police decide as other than pain, no bruising is showing as or yet.

Yours sincerely


***********
***********
************** "

Could I have an email address for both Romford and Southend area and regional HMCTS enforcement managers if you know them please

Thanks

Ring the switchboard of the courts involved and ask for the direct telephone numbers and names of the Area HMCTS Enforcement Managers and the Regional HMCTS Contracts Manager. Then telephone them and ask for the postal address to send formal written complaints. It is important that ALL AND ANY COMPLAINTS about the conduct of private bailiff companies under contract to a government agency or department is IN WRITING and sent by Signed For Letter post. DO NOT EMAIL THEM. As for obtaining an injunction against the bailiff, as it is for a magistrates court fine, it is going to be very difficult to obtain an injunction against HMCTS. This is why you need to contact the Area HMCTS Enforcement Manager(s) and Regional HMCTS Contracts Manager as soon as possible. Frankly, I cannot see either the Enforcement Managers or the Contracts Manager tolerating this sort of behaviour and under no circumstances should they or HMCTS tolerate it or be seen to be tolerating it. If it was seen that HMCTS were tolerating the sort of behaviour this certificated thug has engaged in, the justice system would fall into disrepute and lose public confidence very quickly. There is also a clause in the contracts of ALL four contractors - Marston Group, Swift, Excel and Philips - that they must not do anything or conduct themselves in a manner that brings HMCTS or the courts into disrepute or exposes the Ministry of Justice to litigation.

As for the email to OFT, I am attaching a document which takes you through the process of complaining to OFT Credit Fitness Team. Marston's CCA Licence Number is 333059.

[daggz68]

Re: Marstons at the door

Just thinking out loud. As this guy pushed me against the door and has quite frankly scared me as to what else he could do, more so if I have my children round at the time, could I get an injunction out against him at all?

[daggz68]

Re: Marstons at the door

Looking on here I need a Form 4 ??
http://hmctscourtfinder.justice.gov..../ex345-eng.pdf

Click on certified bailiffs

[daggz68]

Re: Marstons at the door



Just writing an email to OFT
"Dear Sir/Madam,
on 02/01/2013 at 7.20am a representative came to the front door of the house I rent a room in. The company has already had a statutory declaration from my land lady as to what room I rent. The representative, Mr. ************* knocked me out the way damaging my arm, for which I have been to the doctors to have checked out as of 03/01/2013 at 10.50am. He then proceeded to go into the living room and also the land ladies bedroom, knowing full well which room I rent as he stated that he knew. I shall as of tomorrow report his actions to the police for either common assault or whatever the police decide as other than pain, no bruising is showing as or yet.

Yours sincerely


***********
***********
************** "

Could I have an email address for both Romford and Southend area and regional HMCTS enforcement managers if you know them please

Thanks

Re: Marstons at the door

Some police forces are better than others for dealing with bailiff misconduct. If the Marston bailiff pushed past you and he cannot produce proof of written lawful authority to do so, he is in the cack. Just before Christmas, Hove Crown Court ruled on the legality of certificated bailiffs forcing their way into debtors' home without proper authorisation from the courts. It was an appeal from the magistrates courts which proved that certificated bailiffs cannot force their way in and that a debtor has a lawful right to use as much reasonable force as is necessary to remove them if they fail/refuse to leave after being asked to leave. The two bailiffs had made a false allegation to the police, which the CPS and a police force in Southern England admitted they should not have acted upon and are now facing the possibility of civil proceedings. The local authority and a certain bailiff company (not Marstons) could also be facing litigation over it.

It is rather strange, isn't it, that this wasn't dealt with at the same time that the initial incident went to court? I think rather than some police forces being better than others at dealing with bailiff misconduct, it's more a case of them being less bad at it. None I know could be considered anywhere close to good, just the very odd policeman/woman, rather than an entire force.

Definitely, as per Labman's advice, send a complaint to OFT Credit Fitness Team about the conduct of Marstons, and, if HMCTS are involved, the Area HMCTS Enforcement Manager and Regional HMCTS Contracts Manager, also. Although the landlady did allow him in and he admitted he knew of the SD, he had no right, without written authorisation from the court, to go into those rooms you did not occupy. That may well be trespass. His brutish actions amount to Common Assault if no injury was sustained. If injury was sustained, that is a different matter.

I agree absolutely - report them!

[bluebottle]

Re: Marstons at the door

Definitely, as per Labman's advice, send a complaint to OFT Credit Fitness Team about the conduct of Marstons, and, if HMCTS are involved, the Area HMCTS Enforcement Manager and Regional HMCTS Contracts Manager, also. Although the landlady did allow him in and he admitted he knew of the SD, he had no right, without written authorisation from the court, to go into those rooms you did not occupy. That may well be trespass. His brutish actions amount to Common Assault if no injury was sustained. If injury was sustained, that is a different matter.