Help marstons charged £403

[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

[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

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.

[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)

[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.

[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.

[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.

[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.

[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?

[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

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

Then your argument must revolve around if it was "reasonable" to force entry. Not about his statutory right to do so.

Perhaps it was not reasonable for him to force entry, perhaps he should have consulted, it seems like a minor point but it isn't.
If you say he had no right to entry they will quite rightly shoot you down because he did have the right in law, if he had a warrant issued under the prescribed legislation.

[bluebottle]

Re: Help marstons charged £403

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

I am afraid there are serious doubts as to the legality and validity of Marstons' DIY warrants, Gravytrain. With the greatest of respect, I wouldn't be too quick to say they are valid. Bailiffs are habitual liars and fraudsters.

[bluebottle]

Re: Help marstons charged £403

Then your argument must revolve around if it was "reasonable" to force entry. Not about his statutory right to do so.

Perhaps it was not reasonable for him to force entry, perhaps he should have consulted, it seems like a minor point but it isn't.
If you say he had no right to entry they will quite rightly shoot you down because he did have the right in law, if he had a warrant issued under the prescribed legislation.

Warrants are very specific about what they allow. I have executed warrants myself. If you do not keep to the letter of what the court warrant allows and the letter of the law, it will come back and hit you in the face hard. As stated, do not be swayed by what is on one of Marstons' DIY warrants. They do not override the original court warrant.

Additionally, Gravytrain, the OP had paid the fine some two months before. As such, the bailiff's actions are seriously suspect and I doubt very much a court would uphold any arguments he comes out with.

[bluebottle]

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.

No court officer would append the crap Marstons have written on their DIY warrant to a court warrant. I have never seen such amateurish bull***t in my life. Ask to see the original court warrant. If the court officers are unco-operative, threaten to escalate the matter to HMCTS senior management. I will try and obtain the name and contact details for the HMCTS Regional Contracts Manager for the Lancashire area. They need to be told about this matter. This is getting more serious with each post.