just got letter back from marstons they or saying 2 visits but only come to the house

[wendyg]

marston or now saying that they come to the house twice but did not come twice what do i do now . iv sent the the letter to ask why all the charges and now they are saying that Mr Lyons come to the house two time and he did not . also sent a letter to the council asking them to take the dept back still no answer sent this on the 5/12/2012 :reindeer: did phone council to try to make a payment but they say have back log and can't accept a payment till its all been looked at not sure what to do next as just got a letter to say we have to phone mr lyons as soon as possible to make a payment

[bluebottle]

Re: just got letter back from marstons they or saying 2 visits but only come to the h

Firstly, the ATR fee of £140.00 is illegal as a bailiff cannot Attend to Levy and Attend to Remove (ATR) on the same visit. This is considered an "Up Front Fee Fraud" and Trading Standards and the OFT can and will prosecute those who engage in this type of fraud. Bailiffs are not immune or exempt from this.

I have also noticed some items on the levy that are potentially exempt items, which means the levy on those items is unenforceable and they cannot, legally, remove such items.

I would also get a Statutory Declaration (SD) done to say that the bailiff did not attend your home on the dates he claims, you were at home at the times and on the dates he claims and can confirm no-one visited. You can get the SDs notarised by a high street solicitor for £5-£10. Take a look in the Stickies on the Bailiff Forum for details of SDs.

Could you also remove all personal details from the two PDFs you have attached to your post, please?

I would also be inclined to write to Marston and tell them you cannot accept their breakdown of fees as it currently stands. Ask them to resubmit it with the following certificate at the bottom, signed by the bailiff and an authorised officer of Marston Group Limited -

"I confirm by my signature that the charges listed in this document are a true and accurate account and that any details and statements contained therein are not misleading, false or fraudulent in any material particular."

I can guarantee you will receive either a refusal, a "strong" reply or a multi-page essay of excuses. In the meantime, I would report the up-front fees to Trading Standards and email a complaint to OFT Credit Fitness Team as well. I am attaching a document that takes you through the process of complaining to OFT. I am also attaching the most up-to-date OFT Debt Collection Guidelines. Check these, note any violations by Marstons and list in your complaint to both Trading Standards an OFT Credit Fitness Team.

Marston Group's OFT Licence Number is 333059.

Make sure you speak to Trading Standards today about the up-front fees matter, without fail, and get the OFT Licence complaint off to OFT and copied to Trading Standards today, if you can.

[wendyg]

Re: just got letter back from marstons they or saying 2 visits but only come to the h

i have just phoned trading standards and waiting for a call back thank you for all you help xxx wendy

[ploddertom]

Re: just got letter back from marstons they or saying 2 visits but only come to the h

I'm not being flippant but I've never seen anything so stupid from a Bailiff Co like that for a long time. All those charges - all the same date - a definite no no.

[bluebottle]

Re: just got letter back from marstons they or saying 2 visits but only come to the h

I'm not being flippant but I've never seen anything so stupid from a Bailiff Co like that for a long time. All those charges - all the same date - a definite no no.

Either Marstons are getting sloppy or are totally out of control and so arrogant they think they can do what they like and get away with it. I agree that a lot of the charges are seriously suspect.

[ploddertom]

Re: just got letter back from marstons they or saying 2 visits but only come to the h

Have had chance to have a better look now I'm home. In particular they cannot even get the Court correct the Bailiff was Certificated at - it is Altrincham not Manchester.

You have 3 Liability Orders and the Bailiff should have treated them as one - there are various LGO Reports which both your Council & Marstons should be aware of that make reference to this - unless of course both think nothing applies to them. Also they cannot charge Visit Fees, Levy Fees or ATR Fees all at the same time.

You have the following incurred on 12/11/12:
Account 1:
Visit Fee £24-50

Account 2:
Visit Fee £24-50
Levy Fee £53-76
ATR Fee £140-00
Card Fee £15-00 but see later

Account 3:
Visit Fee £24-50

For these the Levy Fee - if indeed it can be held to be correct - supersedes all other Fees, so there should be removed:
3 x Visit Fees @ £24-50 = £73-50
1 x ATR Fee = £140-00
Total = £213-50
If it can be proved the Levy is invalid for some reason then that also can be removed and replaced with 1 x Visit Fee of £24-50 instead.

The following were incurred on 13/11/12:
Account 1:
Visit Fee £18-00

Account 3:
Visit Fee £18-00

These should both be removed and replaced with xxxxxxx, I'm not going to do Marstons job for them & tell them what, if they are incapable of getting the Fees correct in the first place then maybe they should get a new Abacus and work it out properly.

Turning now to the Credit Card Fee you were charged. You need to ask which Rule/Regulation allows them to charge this. They may only charge those Fees allowed, they may need to be reminded of Day v Davies (1938) All ER 686 where those fees not set down in the Regulationswere not allowed to be charged and had to be refunded.

BB has already established some items on the Levy may be exempt and I agree with those sentiments. There also appear to be others that could not be removed anyway due to other matters to with their sale. That then leaves very little and I would then argue the Bailiff's levy is on insufficient goods taking into consideration the size of the debt owing.

[bluebottle]

Re: just got letter back from marstons they or saying 2 visits but only come to the h

Have had chance to have a better look now I'm home. In particular they cannot even get the Court correct the Bailiff was Certificated at - it is Altrincham not Manchester.

You have 3 Liability Orders and the Bailiff should have treated them as one - there are various LGO Reports which both your Council & Marstons should be aware of that make reference to this - unless of course both think nothing applies to them. Also they cannot charge Visit Fees, Levy Fees or ATR Fees all at the same time.

You have the following incurred on 12/11/12:
Account 1:
Visit Fee £24-50

Account 2:
Visit Fee £24-50
Levy Fee £53-76
ATR Fee £140-00
Card Fee £15-00 but see later

Account 3:
Visit Fee £24-50

For these the Levy Fee - if indeed it can be held to be correct - supersedes all other Fees, so there should be removed:
3 x Visit Fees @ £24-50 = £73-50
1 x ATR Fee = £140-00
Total = £213-50
If it can be proved the Levy is invalid for some reason then that also can be removed and replaced with 1 x Visit Fee of £24-50 instead.

The following were incurred on 13/11/12:
Account 1:
Visit Fee £18-00

Account 3:
Visit Fee £18-00

These should both be removed and replaced with xxxxxxx, I'm not going to do Marstons job for them & tell them what, if they are incapable of getting the Fees correct in the first place then maybe they should get a new Abacus and work it out properly.

Turning now to the Credit Card Fee you were charged. You need to ask which Rule/Regulation allows them to charge this. They may only charge those Fees allowed, they may need to be reminded of Day v Davies (1938) All ER 686 where those fees not set down in the Regulationswere not allowed to be charged and had to be refunded.

BB has already established some items on the Levy may be exempt and I agree with those sentiments. There also appear to be others that could not be removed anyway due to other matters to with their sale. That then leaves very little and I would then argue the Bailiff's levy is on insufficient goods taking into consideration the size of the debt owing.

Nulla Bono?

[wendyg]

Re: just got letter back from marstons they or saying 2 visits but only come to the h

they did not come out on the 13/11/2012 as why would you come on a second visit when you sorted it out on the 12/11/2012 they only come out once xxx wendy

[wendyg]

Re: just got letter back from marstons they or saying 2 visits but only come to the h

how do i remove all personal details on attached files please xxx wendy

[starukkiwi]

Re: just got letter back from marstons they or saying 2 visits but only come to the h

HI WEndy - before you scan them in cover the personal details with a piece of paper or tippex them out on a copy

[labman]

Re: just got letter back from marstons they or saying 2 visits but only come to the h

how do i remove all personal details on attached files please xxx wendy

Press the black triangle with the exclamation mark at the bottom left of the post with the attachments and in the report ask admin to remove the attachments as they contain personal details.

I normally scan the document, saving it as a jpeg, then open it in 'Paint' and cover personal details with a colour of your choice - normally white. Resave the document and turn into a pdf. Then repost with the new redacted attachments.

I guess paper or Tippex works just as well! lol

[wendyg]

Re: just got letter back from marstons they or saying 2 visits but only come to the h

thank you so much for your info have asked admin to remove and have changed doc back and put them into paint and do that to getting good :fireside::santa2:

[starukkiwi]

Re: just got letter back from marstons they or saying 2 visits but only come to the h

Press the black triangle with the exclamation mark at the bottom left of the post with the attachments and in the report ask admin to remove the attachments as they contain personal details.

I normally scan the document, saving it as a jpeg, then open it in 'Paint' and cover personal details with a colour of your choice - normally white. Resave the document and turn into a pdf. Then repost with the new redacted attachments.

I guess paper or Tippex works just as well! lol

Oh I'm not that technical - but good tip, I shall remember

[wendyg]

Re: just got letter back from marstons they or saying 2 visits but only come to the h

i have asked admin to remove thank's again wendy

[wendyg]

Re: just got letter back from marstons they or saying 2 visits but only come to the h

can you please tell me what items can't be removed from the house thank you wendy i can give you a list of the items that or my son's 1. dyncord 2.guitars 2. play stations 2 and 3 , the laptop , 1 hi fi . hp printer , 1 amplifier, 1, 32 in motsue tv . Landlords dinning table and 6 chairs wooden frame 3 piece suite . We have a reciepe for the car in my mother in lows name too kind regard wendy xx