Help marstons charged £403

[shaz]

Re: Help marstons charged £403

It said on the distress warrant....YOU ARE HEREBY COMMANDED FORTHWITH TO MAKE DISTRESS OF THE MONEY AND GOODS TO THE DEFENDANT AND TO THE "VALUE OF £150.00."TOGETHER WITH THE "REASONABLE COSTS AND CHARGES"OF THE MAKING AND KEEPING OF THE DISTRESS.
Now surley they had no need to force enter and "reasonable charges" i beleive is what i should have been charged.

[gravytrain]

Re: Help marstons charged £403

The reason a Bailiff should seek the permission of the Court to force entry is to protect himself and his Company. Forced entry should only be made where it is reasonable & necessary - there must be a strong likelihood that sufficient goods may be found inside which will settle the debt if removed & sold at auction. If he carries on willynilly then he runs the risk of being accused of trespass or could even face criminal charges. As he does not have X-Ray vision he could have no idea of what was inside and should have proceeded with extreme caution.

The Warrant that has been produced is similar to those I have seen previously and believe there is a serious question about its validity.

The point is that the bailiff does not have to get any additional permission in order to exercise the warrant and force entry under these circumstances, if he decides he is right in doing so he can legally force entry.

Any complaint using the argument that the bailiff did not gain any additional permission would fail, he did not need any.

[shaz]

Re: Help marstons charged £403

i have sent an email to Burnley Court asking them to confirm if Marston had a warrant for forced entry or if they had applied for it or if they required a warrant for forced entry.
I will wait there reply and surley the court will be truthful in this matter.
or will they be?

[ploddertom]

Re: Help marstons charged £403

The reason a Bailiff should seek the permission of the Court to force entry is to protect himself and his Company. Forced entry should only be made where it is reasonable & necessary - there must be a strong likelihood that sufficient goods may be found inside which will settle the debt if removed & sold at auction. If he carries on willynilly then he runs the risk of being accused of trespass or could even face criminal charges. As he does not have X-Ray vision he could have no idea of what was inside and should have proceeded with extreme caution.

The Warrant that has been produced is similar to those I have seen previously and believe there is a serious question about its validity.

[gravytrain]

Re: Help marstons charged £403

He does need to obtain written authorisation from the court to force entry. To the best of my knowledge and belief, the Distress Warrant does not confer power of forced entry. He would have to show he had lawful reason for needing to force entry, HMCTS aren't complete bozzos.

I am afraid that, that is precisely what it does unless you can find the regulation that states otherwise.

[bluebottle]

Re: Help marstons charged £403

Thank you bluebottleAny suggestions on what I can use in my favor to put a claim for small claims court to recover charges.Im still confused on if Mr Kendall required a warrant for force entry or if the distress warrant gave him the right to apply force entry as when he pleased.I never refused to pay the but just requested some details but they seemed in a rush to get it over with.

He does need to obtain written authorisation from the court to force entry. To the best of my knowledge and belief, the Distress Warrant does not confer power of forced entry. He would have to show he had lawful reason for needing to force entry, HMCTS aren't complete bozzos.

[bizzybob]

Re: Help marstons charged £403

sorry I forgot to mention after Mr Kendall left me a "post card" he contacted my accountant and advised him "he was outside my house to collect the debt".surely he should not have disclosed this to any third party.
(how he got my accountant details or linked me with him I have no idea)

Serious breach of the DPA, complaint to the Information Commissioner ASAP.

[shaz]

Re: Help marstons charged £403

sorry I forgot to mention after Mr Kendall left me a "post card" he contacted my accountant and advised him "he was outside my house to collect the debt".surely he should not have disclosed this to any third party.
(how he got my accountant details or linked me with him I have no idea)

[shaz]

Re: Help marstons charged £403

Thank you bluebottle
Any suggestions on what I can use in my favor to put a claim for small claims court to recover charges.
Im still confused on if Mr Kendall required a warrant for force entry or if the distress warrant gave him the right to apply force entry as when he pleased.
I never refused to pay the but just requested some details but they seemed in a rush to get it over with.

[bluebottle]

Re: Help marstons charged £403

Small Claims Court is one method. However, Kendall's behaviour indicates that what he did is a lot more serious as it is for him to prove he had a right in law to do what he did. If he cannot, he is in very serious trouble.

[shaz]

Re: Help marstons charged £403

:candycane:It is a criminal offence which can carry substantial penalties.:candycane2:

Well my fine was paid well before the Marston group showed up.

Can any one advise any further as to claim some of these charges back?
Thanks

Re: Help marstons charged £403

Hi Labman
My fine was for driving while using a hand held phone.
Was this of a criminal nature?

It is a criminal offence which can carry substantial penalties.

[shaz]

Re: Help marstons charged £403

I believe the only leg I have to stand on would be to argue on when I asked Mr Kendall was he here to collect the court fine or there charges? and his reply was the court rejected the payment then he said the court has returned the amount I paid to Marston but when I phoned the court this morning they confirmed they have my payment,it has not been rejected and it wasn't passed on the Marston Group.
This confirms he was only here this morning ar 6am to get there charges.

[shaz]

Re: Help marstons charged £403

Hi Labman
My fine was for driving while using a hand held phone.
Was this of a criminal nature?

[gravytrain]

Re: Help marstons charged £403

Yes nothing about having to apply for additional permission unfortunately. Generally the only call that is made is to the police to prevent a breach of the peace whilst the warrant is enforced.