Marstons Removal Division letter regarding Magistrates Court fine

[Tolo1dog]

Re: Marstons Removal Division letter regarding Magistrates Court fine

It's worse than that - the last payment was 14 days late when it was paid, on 01/10/12.

That means there was a period of nearly four months before Marstons allegedly first visited and no previous letter seems to have arrived, even if one had been sent.

The contract framework document (attached) requires Marstons to make contact by letter within one month of receiving the warrant and, if the warrant remains unexecuted after 90 days, they are supposed to notify the court. However, the distress warrant remains valid for 180 days.


What's the betting the local police farce will be Sussex?

How can we prove that nothing has been received? It's our word against theirs. We would obviously be prepared to swear to it. A Statutory Declaration, maybe?

[bluebottle]

Re: Marstons Removal Division letter regarding Magistrates Court fine

The local force is Devon & Cornwall Constabulary.

Could you PM me the name of the bailiff, please? There is a reason for this. Two Marston bailiffs operating in the Devon & Cornwall Police area have a less than acceptable record of behaviour.

Labman,

If the name of the bailiff is one of those whose behaviour we have been discussing in the Bailiffs Working Group, I will let you know on the BWG forum, just in case it needs to be pursued with Marstons.

[bluebottle]

Re: Marstons Removal Division letter regarding Magistrates Court fine

I think Bluebottle knows of this police force

Sure do. Some of them are okay, some are total muppets.

[Tolo1dog]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Could you PM me the name of the bailiff, please? There is a reason for this. Two Marston bailiffs operating in the Devon & Cornwall Police area have a less than acceptable record of behaviour.

Labman,

If the name of the bailiff is one of those whose behaviour we have been discussing in the Bailiffs Working Group, I will let you know on the BWG forum, just in case it needs to be pursued with Marstons.

Marstons would not give the name of the bailiff. My boyfriend was told they use several bailiffs. He was merely told he would have to pay as it was a criminal debt. Not acceptable, I know. I recorded the phone call.

[bluebottle]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Marstons would not give the name of the bailiff. My boyfriend was told they use several bailiffs. He was merely told he would have to pay as it was a criminal debt. Not acceptable, I know. I recorded the phone call.

Marstons are legally-obliged to provide you with the name of the bailiff. Which county did this occur in, Devon or Cornwall? Does your boyfriend have a copy of the threat-o-gram Marstons pushed through the door? If so, could the document be scanned, removing your boyfriend's personal details. I am particularly interested in the signature of the bailiff.

[Tolo1dog]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Marstons are legally-obliged to provide you with the name of the bailiff. Which county did this occur in, Devon or Cornwall? Does your boyfriend have a copy of the threat-o-gram Marstons pushed through the door? If so, could the document be scanned, removing your boyfriend's personal details. I am particularly interested in the signature of the bailiff.

I'm afraid my scanner's not working at the moment. It was a standard letter stating the amount shown £445, has not been paid and must be settled immediately or Marstons would attend his address to remove goods, and stating their powers of entry granted and their right to use locksmiths to allow entry, even in his absence. The rest of the notice is about payment details. There is no signature. This is the ONLY correspondence he has received, on 17th January, hand delivered. In bold the notice says Marstons have court authority to remove goods and to impose fees and charges. This occurred in Cornwall, but close to Plymouth, and the fine was originally made at Bodmin Magistrates Court, but has been transferred to Plymouth Magistrates Court. I don't know which court issued to warrant of distress, as we've never seen it.

[bluebottle]

Re: Marstons Removal Division letter regarding Magistrates Court fine

I'm afraid my scanner's not working at the moment. It was a standard letter stating the amount shown £445, has not been paid and must be settled immediately or Marstons would attend his address to remove goods, and stating their powers of entry granted and their right to use locksmiths to allow entry, even in his absence. The rest of the notice is about payment details. There is no signature. This is the ONLY correspondence he has received, on 17th January, hand delivered. In bold the notice says Marstons have court authority to remove goods and to impose fees and charges. This occurred in Cornwall, but close to Plymouth, and the fine was originally made at Bodmin Magistrates Court, but has been transferred to Plymouth Magistrates Court. I don't know which court issued to warrant of distress, as we've never seen it.

From what I know of HMCTS in Devon and Cornwall, Plymouth Magistrates Court covers quite a large area, including Bodmin and Launceston. There is an HMCTS Enforcement Team based at Plymouth Combined Court Centre in Armada Way, Plymouth. It is probable that Plymouth Magistrates Court issued the Distress Warrant, but do check to be sure. In the first Instance, ring the Enforcement Team and ask to speak to Mr James Prisk, who is the HMCTS Area Enforcement Manager. If you don't get any joy, escalate the matter to the HMCTS Regional Contracts Manager, who is based at Exeter. If this does not produce the desired result, the next step is to escalate the matter to the HMCTS Enforcement Operations Department in London.

[Tolo1dog]

Re: Marstons Removal Division letter regarding Magistrates Court fine

My boyfriend has found a hand delivered letter on the steps leading up to his flat, this morning at 10.28. I was in the flat, so there was obviously no attempt to make contact. It is a Marston Final Notice stating that unless full payment is made immediately, he, (a Mr Carlton) will return after 7pm today. They are still demanding £445 even though they have been told the fine was paid on 2nd October. We are going away today and I am afraid they will try and force entry in our absence. The 180 day time limit on the distress warrant has passed, so I'm not sure what to do next. Advice would be very welcome! We had been to CAB who had spoken with them and thought, wrongly, that my boyfriend would probably not hear from them again. They must realise they are out of time.

[Tolo1dog]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Marstons are legally-obliged to provide you with the name of the bailiff. Which county did this occur in, Devon or Cornwall? Does your boyfriend have a copy of the threat-o-gram Marstons pushed through the door? If so, could the document be scanned, removing your boyfriend's personal details. I am particularly interested in the signature of the bailiff.

I didn't have response from my post yesterday and not sure if I'm doing it correctly. Please could you advise me. I'm afraid my boyfriend will knock the bailiff down the steps if he comes back and obviously I've told him he can't do that, however tempting it may be!

[bluebottle]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Mr Carlton is known to us and his methods leave a lot to be desired. He has a history of continuing with enforcement when the courts have withdrawn warrants or warrants have expired. If the 180-day limit has passed and the fine has been paid, get onto Plymouth Magistrates Court asap and explain to them what is happening. Also, ring Devon & Cornwall Police and advise them that Carlton is attempting to enforce a warrant that has expired and for which the fine has already been paid, although, the Magistrates Court should do this.

[bizzybob]

Re: Marstons Removal Division letter regarding Magistrates Court fine

If Mr carlton fetches up, a call to the police stating what bb has mentioned viz "ring Devon & Cornwall Police and advise them that Carlton is attempting to enforce a warrant that has expired and for which the fine has already been paid"

may be a good option, hopefully they will feel his collar and take him to the nick.

[Tolo1dog]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Mr Carlton is known to us and his methods leave a lot to be desired. He has a history of continuing with enforcement when the courts have withdrawn warrants or warrants have expired. If the 180-day limit has passed and the fine has been paid, get onto Plymouth Magistrates Court asap and explain to them what is happening. Also, ring Devon & Cornwall Police and advise them that Carlton is attempting to enforce a warrant that has expired and for which the fine has already been paid, although, the Magistrates Court should do this.

My boyfriend did phone the police after he had spoken to Mr Carlton to tell him he would not be paying him anything. Phil told the police
that he was concerned that the bailiff may try to force entry in his absence and he was told he couldn't do that. Mr Carlton called back to say he had spoken to the court who told him that the matter was now with the bailiff and not the court. From what I have read on this forum, courts abdicate responsibility frequently. Mr Carlton said Phil should pay him £300 immediately. Naturally he was told that this would not happen, to which the bailiff hung up! Of course, we only have his word that the court has sanctioned him pursuing this.
Surely the court should told him that the warrant had expired, or does he just simply ignore it? Thank you very much Bluebottle, for your reply. I shall get Phil to call the court, although I suspect they will tell him it's out of their hands. I thought the warrant had to be returned after 180 days. It's now 195 days. We are away at the moment and will see what transpires after we return on Monday.

[bluebottle]

Re: Marstons Removal Division letter regarding Magistrates Court fine

It's very simple. Marstons know that once a warrant expires, they have to return it to the court and it is the court who make the decision as to what happens next. Carlton's explanation is a stock answer with him - he's done this before - and it's wearing very thin. Ask to speak to someone senior at the court. If the warrant has expired and the fine paid, Carlton is acting outside the law. A spell in police custody is what Carlton needs. And his certificate needs to be revoked forthwith.

Ring the court this afternoon if at all possible.

[Tolo1dog]

Re: Marstons Removal Division letter regarding Magistrates Court fine

It's very simple. Marstons know that once a warrant expires, they have to return it to the court and it is the court who make the decision as to what happens next. Carlton's explanation is a stock answer with him - he's done this before - and it's wearing very thin. Ask to speak to someone senior at the court. If the warrant has expired and the fine paid, Carlton is acting outside the law. A spell in police custody is what Carlton needs. And his certificate needs to be revoked forthwith.

Ring the court this afternoon if at all possible.

Thank you, Bluebottle. Phil is not here with me at the moment, but if he returns in time I shall get him to ring the court, although he's found it difficult in the past and sometimes can't get through. If not, it will be first thing Monday. Who should he speak to exactly, as some members of staff there don't seem to know the law or the conditions of their contract with Marstons.

[CleverClogs]

Re: Marstons Removal Division letter regarding Magistrates Court fine

If Carlton were to force entry, would it be trespass or burglary?

Would only Carlton be guilty of an offence or could anyone at Marstons (who should control or direct him) also be guilty of an offence?