Marstons at the door

[daggz68]

Re: Marstons at the door

Ok here is a little update
Since their calls from a mobile to me before xmas I have not heard from them. I sent this email to the courts
Dear Sir/Madam,
my name is Mr. zzz zzzz, formerly of xxx x x x x x x x. On Monday 17th December two representatives from Marston came to the property I now rent a room in ( xxxxx x x x x x x x x x x . They were not allowed in as The property is owned by Mrs. x xxxxxxx. They threatened myself and Mrs. x xxxxx by saying they would get a locksmith and take goods from the premises. They said they could look where ever they liked and take what they like. The representative from them is called Mr. x xxxxxxx. I had a hard time understanding him. The other person with him said he was just a trainee. I never got his name or details. I was told I owed them £460 for which they said was an outstanding amount of £160 for a fine. They did not however say why the amount was £300 more. I have now been threatened with eviction because of this.
While here they said they suddenly had a call from their office, this I did not hear as I was back in the house at the time. Mr x xxxxx said if I paid the outstanding £460 then they would not come back for the other fine till the end of January and could pay that by installments. I asked if I could pay the £460 in installments but he refused this. As to why I can pay one fine and not another in installments he would not say.
As far as I am aware, Mrs. x xxxxx has signed a statuary declaration at Chelmsford court on oath to say what items belong to herself in the whole property including land outside in case they turn up and start taking things that do not belong to me.
I am prepared to pay the fine off, but only through the courts and would like a means test hearing to find out what I can pay off weekly or monthly to clear this matter as soon as possible as I have no way of finding the money they are after, or goods for them to take.



Yours sincerely

Mr. xxxx xxxxx


The reply was
XX XXXXX,

The court here at Barkingside are unable to help you with your request for a means test hearing as the fine is with the bailiffs. When that is the case, we are unable to get involved in the matter as the court are not longer enforcing the outstanding money.

You may want to contact the London Collection and Compliance Centre via the email address LCCCCollectionUnit@hmcts.gsi.gov.uk or over the phone on the number 0207 556 8500 and they might be able to assist.

Regards

Adam Clough
Customer Service Department
Barkingside and Romford Magistrates' Courts




My land lady HAS asked me to move out since
Also she sent an email with the declaration as to who owns what in the property and they have replied on the 27th Dec 2012. I only just found this out tonight
They have told her it is in the hands of the enforcement agency. I thought THEY were the enforcement agency. She is worried they will come back soon.

I have not had ANY calls or letters from them since.

Any ideas what I should do now?

Thanks

[labman]

Re: Marstons at the door

They are often reluctant to give a Means Enquiry Hearing. Is there no way you can actually go to the court in person? Often you may need to make a nuisance of yourself, going back several days running, before they relent. As said above, if you can get a doctor's note stating it is having a negative effect on your health, this will help.

[daggz68]

Re: Marstons at the door

I tried before xmas at the Basildon court where I got no where. That is to deal with the 2nd court fine, not the 1st as thats miles away.
Looking online at CAB they say about getting a N245 warrant suspension form? There is also another N244 if I cannot pay at all. Both I have to pay for unless on a low wage, which I am, in which case I could get a reduced fee or free. If I get time tomorrow after the CAB office I will try to get to my doctors, which is not close by either.

Thanks for your help by the way and Happy New Year

[labman]

Re: Marstons at the door

Looking online at CAB they say about getting a N245 warrant suspension form? There is also another N244 if I cannot pay at all. Both I have to pay for unless on a low wage, which I am, in which case I could get a reduced fee or free. If I get time tomorrow after the CAB office I will try to get to my doctors, which is not close by either.

The N244 and N245 are only for use in a civil court, not in a Magistrates' Court. In the Magistrates' Court there is no simple form for a Stay of Execution or Variation of Terms.

You need to contact the Fines Office at the court - eventually it will be returned to the court for a Means Hearing anyway, but you will have to suffer the bailiffs in the meantime. It is seriously worth your while keeping on visiting the court to keep asking for a Means Enquiry Hearing.

By all means feel free to visit CAB, but if they tell you to fill in a N244 or N245, please question their advice, as they are only for civil procedures.

[daggz68]

Re: Marstons at the door

Today at 7.20 he came to the door again. I did not let him in but landlady stupidly did. He acknowledged that he knew of the email sent by my landlady with a statutary declaration as to which room I lived in. He opened the downstairs toilet door before pushing me out the way forcefully to get into the kitchen. Managed to get him out of there and then he went into the lounge. He went upstairs into the land ladies bedroom knowing it was not my room. Then he went into mine. Took details of what I owned but would not show me what he was writing into his mobile phone. Said he would take the TV, but said nothing about anything else. I recorded what I could as my phone is rubbish. He could not take my tv so he said as he had to go back to the office and get someone?
I went to the CAB in Basildon and they gave me budget summary form for creditors to send off recorded delivery to them. I am in the process of doing that now and also emailing them to complain about them
Link to video
http://youtu.be/reRiP6xvZ24

[daggz68]

Re: Marstons at the door

On the letter/card he wrote down he visited at 8am. That is in correct

[wales01man]

Re: Marstons at the door

wait for advice from Bluebottle im sure he will say contact police if you have a witness or some recording on your phone will be good eviidence this animal should not get away with acting like this

[daggz68]

Re: Marstons at the door

I contacted the police and they said nothing they could do! Even the CAB office know of the rep and said he is not a nice person

[wales01man]

Re: Marstons at the door

I think Bluebottle may guide you with the police

[daggz68]

Re: Marstons at the door

When he said about the tv I said it did not belong to me, but signed to my son. He asked for proof. I sold my car for pennies to get by and he asked where the money was.

[labman]

Re: Marstons at the door

Could you post up every thing that was on the sheet he gave you, exactly as it appears please.

When you've completed your budget sheet, I'd send a copy to the Fines Officer at the court as well as to Marstons. Sadly I doubt it will make any difference as what you need is the Means Enquiry Hearing. That will come in time, even if they refuse you now, as when it is proven you do not own sufficient goods to satisfy the debt, it will be passed back to court.

If you were pushed, or the the bailiff forced you aside, you should make an immediate complaint to Marstons, and now would be a good time to send off BB's Credit Fitness complaint to the OFT.

[daggz68]

Re: Marstons at the door

I will be at work very soon so will copy what 4s on the card he left. i have already sent them the summary of earning form to marston. doctor tomorrow for stress and hurt arm

[bluebottle]

Re: Marstons at the door

wait for advice from Bluebottle im sure he will say contact police if you have a witness or some recording on your phone will be good eviidence this animal should not get away with acting like this

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.

[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.

[labman]

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!