Marstons at the door

[bluebottle]

Re: Marstons at the door

Hi.
Working nights and lack of sleep must have hit me like a ton of bricks. Slept most of today so didn't get to the courts. I did report the guy to the police for common assault and have got a crime number. Also went to docs yesterday ( not sure if I said? ) and had the doc take a look at my arm and write it down for reference. I had an email back from hmcts however. Not heard anything back via letter or email from Marston since they turned up. I did forget to say he would not let me have the details of the trainee he originally turned up with.
Here's the email from LCCCCollectionUnit@hmcts.gsi.gov.uk

Good afternoon,

Apologies for the delayed response to your email.

Please send any complaint about the bailiff company directly to them and follow their complains procedure as they direct. Furthermore, it is not possible to set a means hearing after the account has been passed to the bailiffs. Please continue to follow their procedures regarding the bailiffs enforcement and payment.

Kind regards,

LCCC Collections

0207 556 8500

Refer this matter directly to the Ministry of Justice, in London. I have never read such a load of b*ll*cks from a government department, particularly, HMCTS. There is nothing contained within Rule 52, Criminal Procedures Rules 2011 (as amended) that requires a fine defaulter to deal with a bailiff. Below, is the wording of Rule 52.2 as regards Means Hearings -

Application to reduce a fine or vary payment terms
52.5.—(1) This rule applies where—
(a) no collection order is in force; and
(b) the defendant wants the court to—

(i) reduce the amount of a fine, or
(ii) vary payment terms.
(2) Unless the court otherwise directs, the defendant must—
(a) apply in writing;
(b) serve the application on the court officer; and
(c) in the application, explain—
(i) what relevant circumstances have not yet been considered by the court, and
(ii) why the fine should be reduced, or the payment terms varied.

[Note. See sections 75(534), 85(535) and 85A(536) of the Magistrates’ Courts Act 1980.]

You may get more sense by consulting with a solicitor at your local Law Centre, which can offer free legal advice/assistance. However, a formal complaint to the MoJ is now a must. HMCTS are 100% vicariously-liable for the actions of the bailiff involved, but do send a copy of the letter to Marstons AFTER you have sent it off to the MoJ.

[daggz68]

Re: Marstons at the door

Is there a number or address for them?
Something I just notice checking the certified bailiff register. The bloke is registered for Southend court, NOT Romford/Havering as the 1st fine is for. The second fine is Basildon which will possibly come under Southend as thats where payment is sent to.

Land lady still moaning at me to move out. Fair enough but I am stuck with having no cash to move out at the moment. Plus want to leave my job and find somewhere else. Only my son lives nearby, my daughter is 70odd miles away. Would ideally rather move that way to be honest

[bluebottle]

Re: Marstons at the door

It doesn't matter where the bailiff's certificate was issued as it's valid anywhere in England and Wales, except premises and land under the control of the Ministry of Defence and certain premises and land under the control of the Crown Estate. Any certificated bailiff who is stupid enough to try and bully or force their way into an MoD establishment or encroach onto MoD land is asking to be shot. And I'm not saying that figuratively or metaphorically. MoD Police are armed and will, if necessary, use such force against anyone who tries to force entry to MoD premises or ignores an order to leave MoD land immediately. On second thoughts, perhaps, we shouldn't let Marstons know that. Lol!

[daggz68]

Re: Marstons at the door

tell them there is a party for them on Wallasey island lol

[daggz68]

Re: Marstons at the door

Just had a letter from Marston

We write to acknowledge receipt of your recent e-mail received by us on 3rd January 2013

We note that you have a recording to support your complaint, please could you provide us with a copy of this so that we may look into this matter for you.

In accordance with our company's complaints procedure stage 1, your complaint/enquiry with be thoroughly investigated by our Customer Care & Complaints Team who will contact you if further information is required.

Once we reached a conclusion we will notify you in writing at the earliest opportunity.

Please note all contact to our Customer Care and Complaints Department must be made in writing, we regret we are unable to take phone calls.

We have enclosed a copy of our Complaints Procedure for your reference.


I only have a recording of him once he got in my room until he left in his car.

Further to above, I cannot find address for Ministry of Justice London and do not know what to write either


On top of this my land lady has said I have till Friday to move out, with no money and no where to go
About to just give up to be honest

[bluebottle]

Re: Marstons at the door

tell them there is a party for them on Wallasey island lol

Salisbury Plain is better. Plenty of unexploded ordnance for them to tread on. Back in the 1980s, I spent the best part of a fortnight, along with other police officers, trying to keep a load of hippies off the Plain. The MoD were terrified the hippies would go onto the Plain itself and blow themselves up. Some of the gallows humour that was being bandied about included -

"Excuse me, officer, but can we use their buses for target practice?" (Army Officer)
"Does that bus have air conditioning? Well, it bloody well will do if you don't move it out of the ****ing way!" (Police Superintendent to Hippy driving a battered old Bedford coach that was blocking a road in Trowbridge)

[bluebottle]

Re: Marstons at the door

Just had a letter from Marston

We write to acknowledge receipt of your recent e-mail received by us on 3rd January 2013

We note that you have a recording to support your complaint, please could you provide us with a copy of this so that we may look into this matter for you.

In accordance with our company's complaints procedure stage 1, your complaint/enquiry with be thoroughly investigated by our Customer Care & Complaints Team who will contact you if further information is required.

Once we reached a conclusion we will notify you in writing at the earliest opportunity.

Please note all contact to our Customer Care and Complaints Department must be made in writing, we regret we are unable to take phone calls.

We have enclosed a copy of our Complaints Procedure for your reference.


I only have a recording of him once he got in my room until he left in his car.

Further to above, I cannot find address for Ministry of Justice London and do not know what to write either


On top of this my land lady has said I have till Friday to move out, with no money and no where to go
About to just give up to be honest

It would appear that Marstons are the cause of your loss of accommodation and I would make this clear not only to the MoJ, but to Marston Group senior management, also.

The postal address of the MoJ is -

Ursula Brennan
Permanent Secretary
Ministry of Justice
102, Petty France,
London
SW1H 9AJ

Switchboard: 020 3334 3555

I would suggest you also make a formal complaint to the Court Manager at the court involved.

As regards the recording you made, I would send copies to Ursula Brennan, the Court Manager, the HMCTS Enforcement Manager for that area as well as the Regional HMCTS Contracts Manager. Let Marstons know this, too, and, hopefully their attitude will change very quickly.

[daggz68]

Re: Marstons at the door

im getting stuck getting address of hmcts of romford and also southend

[bluebottle]

Re: Marstons at the door

Go to MoJ website, click on "Contacts", then on "Court Finder". You then scroll down to find the court and highlight, then click on "Submit". This should throw up the contact details for the court.

[CleverClogs]

Re: Marstons at the door

To be perfectly honest, I can see Marston Group losing their contract with HMCTS. It is up for renewal in 2013 and sending the MoJ a file of cases, detailing the dishonesty and violent behaviour of Marstons' certificated bailiffs, from LB, CAG and other sources would, IMHO, be very persuasive in determining whether the contract should be renewed.

I would be pleasantly astounded if their contract was not renewed, as I expect the MoJ will allow all manner of excuses for Marston's misdeeds.

[CleverClogs]

Re: Marstons at the door

Link to video
http://youtu.be/reRiP6xvZ24

Was it purely my imagination or did Mr M----- really opine, in vulgar language, that you are an onanist?

[CleverClogs]

Re: Marstons at the door

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.

Why only civil proceedings?

Since when was making a deliberately false allegation to the police - which is surely a case of "wasting police time" if not conspiracy to pervert the course of justice - not a criminal offence?

[CleverClogs]

Re: Marstons at the door

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.

What public confidence had you in mind?

[labman]

Re: Marstons at the door

I would be pleasantly astounded if their contract was not renewed, as I expect the MoJ will allow all manner of excuses for Marston's misdeeds.

Me too.

[enquirer]

Re: Marstons at the door

I would be pleasantly astounded if their contract was not renewed, as I expect the MoJ will allow all manner of excuses for Marston's misdeeds.

... following the receipt of a large donation to a certain political party.