Marstons Removal Division letter regarding Magistrates Court fine

[bluebottle]

Re: Marstons Removal Division letter regarding Magistrates Court fine

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.

In the first instance, ring the switchboard and ask to speak to the Court Manager. The telephone number for the Senior Enforcement Manager is 01752 641470.

[bluebottle]

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?

If Carlton is acting outside the law as regards the warrant, he could be guilty of a number of offences, namely -

a. Attempted Burglary;
b. Burglary;
c. Criminal Damage

Marstons would be liable, under Civil Law, for -

i. Damage to Property;
ii. Loss of Property;
iii. Trespass;
iv. Harassment;
v. Failing to Exercise Adequate or Proper Supervision of an Employee or Any Adequate or Proper Supervision of an Employee

And those are the ones I can think of off the top of my head.

[CleverClogs]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Marstons would be liable, under Civil Law,

I was thinking more along the lines of Criminal Law, for having aided, abetted or been an accessory to a crime.

[Scoot66]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Marstons are a law unto themselves, one of their bailiffs forced his way past my husband to gain access to our property. he was verbally abusive, threatening AND even assaulted both myself and my husband! What's more, he even rang the police to say he'd been assaulted! The police were totally with us and did make him leave our property. Alas, no complaint to Marstons or indeed the courts were sucessful. All i can suggest to anyone dealing with them or any other bailiff is, DO NOT LET THEM IN! You don't have to and they cannot force their way in either. Also, if they say they are from the court, they are lying. They have to by law tell which company the are working for. They are nothing but neandertholic bullies.

[bluebottle]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Unfortunately, CC, the only criminal offences I know of where companies and their management can be held criminally-liable for offences are those under the Fraud Act 2006 and Section 17, Theft Act 1968 (False Accounting). Under the provisions of Section 18, Theft Act 1968 and Section 12, Fraud Act 2006, offences committed by companies must be with the consent or connivance of the directors, officers, secretary or managers. Connivance in this respect refers to wrongdoing that is ignored, more commonly-known as "turning a blind eye".

The only time I have witnessed a manager being threatened with arrest for being an accessory to an offence was a retail manager who failed to stop a security muppet who was conducting an illegal search of someone's bags in the street. The security muppet couldn't believe it when the 'cuffs went on. The manager was pleading "I didn't do anything," to which the blunt reply came back, "No. You didn't do anything. You stood there like a spare part at a wedding and did nothing whatsoever to stop him. That makes you an accessory."

[CleverClogs]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Unfortunately, CC, the only criminal offences I know of where companies and their management can be held criminally-liable for offences are those under the Fraud Act 2006 and Section 17, Theft Act 1968 (False Accounting). Under the provisions of Section 18, Theft Act 1968 and Section 12, Fraud Act 2006, offences committed by companies must be with the consent or connivance of the directors, officers, secretary or managers. Connivance in this respect refers to wrongdoing that is ignored, more commonly-known as "turning a blind eye".

Wouldn't a failure to withdraw an expired warrant from their performing monkey be an offence?

[bizzybob]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Wouldn't a failure to withdraw an expired warrant from their performing monkey be an offence?

I think that the offence would be fraud, or misrepresentation to gain a pecuniary advantage, as they knew the warrant had expired and therefore they were ultra vires, if the bailiff chanced his arm enforcing anyway, whether the gaffer could be done for causing and permitting or aiding and abetting perhaps bluebottle will know with greater certainty.

[bluebottle]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Wouldn't a failure to withdraw an expired warrant from their performing monkey be an offence?

Not in itself. But allowing a bailiff to continue to enforce without the authority of a court, which is the warrant, and claiming to the debtor/fine defaulter that the fine, etc., was due would be, subject to what the bailiff does -

a. Fraud by False Misrepresentation;
b. Blackmail;
c. Burglary.

If any form of force is used against a debtor/fine defaulter without lawful authority, then we could be talking Robbery or Assault With Intent to Rob. Robbery is theft by use of force. Mugging is Robbery.

[bluebottle]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Marstons are a law unto themselves, one of their bailiffs forced his way past my husband to gain access to our property. he was verbally abusive, threatening AND even assaulted both myself and my husband! What's more, he even rang the police to say he'd been assaulted! The police were totally with us and did make him leave our property. Alas, no complaint to Marstons or indeed the courts were sucessful. All i can suggest to anyone dealing with them or any other bailiff is, DO NOT LET THEM IN! You don't have to and they cannot force their way in either. Also, if they say they are from the court, they are lying. They have to by law tell which company the are working for. They are nothing but neandertholic bullies.

When and where did this happen, please? I have a contact in HMCTS Enforcement Operations at regional level. Was the matter escalated up through HMCTS's complaints procedures to Head of Enforcement Operations, or Director of Enforcement Operations, or CEO level, or just the local court?

[Scoot66]

Re: Marstons Removal Division letter regarding Magistrates Court fine

When and where did this happen, please? I have a contact in HMCTS Enforcement Operations at regional level. Was the matter escalated up through HMCTS's complaints procedures to Head of Enforcement Operations, or Director of Enforcement Operations, or CEO level, or just the local court?

It was in the midlands, he was Birmingham based. It was 2 days before xmas eve 2011 and it happened in front of my then 11 year old. The complaint to Marstons resulted in a standard letter stating that the the said bailiff was good at his job...always worked to policy...etc etc ie a waste of time! As for the court,it was county court/High court. I recieved nothing back at all, not even an acknowledgement! I wouldn't mind but the debt had been paid weeks before! Luckily for me, (and my family) i am of strong character and we have come through it, i know others are not so strong and are in extremely vulnerable positions. I have been there, dealt with debt collectors and bailiffs galore so if i can offer any help, advice or put others at ease on here, i will.
Thanks

[bizzybob]

Re: Marstons Removal Division letter regarding Magistrates Court fine

It was in the midlands, he was Birmingham based. It was 2 days before xmas eve 2011 and it happened in front of my then 11 year old. The complaint to Marstons resulted in a standard letter stating that the the said bailiff was good at his job...always worked to policy...etc etc ie a waste of time! As for the court,it was county court/High court. I recieved nothing back at all, not even an acknowledgement! I wouldn't mind but the debt had been paid weeks before! Luckily for me, (and my family) i am of strong character and we have come through it, i know others are not so strong and are in extremely vulnerable positions. I have been there, dealt with debt collectors and bailiffs galore so if i can offer any help, advice or put others at ease on here, i will.
Thanks

It's still not too late to send details to your MP, to appraise them of the violence and unlawful, operating methods of HMCS agents Marstons, who was this bailiff as he may be known to Beagles?

[bluebottle]

Re: Marstons Removal Division letter regarding Magistrates Court fine

It was in the midlands, he was Birmingham based. It was 2 days before xmas eve 2011 and it happened in front of my then 11 year old. The complaint to Marstons resulted in a standard letter stating that the the said bailiff was good at his job...always worked to policy...etc etc ie a waste of time! As for the court,it was county court/High court. I recieved nothing back at all, not even an acknowledgement! I wouldn't mind but the debt had been paid weeks before! Luckily for me, (and my family) i am of strong character and we have come through it, i know others are not so strong and are in extremely vulnerable positions. I have been there, dealt with debt collectors and bailiffs galore so if i can offer any help, advice or put others at ease on here, i will.
Thanks

Usual Marston SOB. Doesn't make the slightest bit of difference if he's a thug. Was he a certificated bailiff or High Court Enforcement Officer? What was the debt? If it was a court fine, this can still be referred to HMCTS Head of Enforcement Operations. Which one will depend on where in the Midlands this incident occurred.

[Scoot66]

Re: Marstons Removal Division letter regarding Magistrates Court fine

Usual Marston SOB. Doesn't make the slightest bit of difference if he's a thug. Was he a certificated bailiff or High Court Enforcement Officer? What was the debt? If it was a court fine, this can still be referred to HMCTS Head of Enforcement Operations. Which one will depend on where in the Midlands this incident occurred.

He was a High Court Enforcement Officer, it was a private utilty debt (which wasn't really a debt, the dd bounced so they passed it onto a solicitor). payment was sent to the solicitor yet they still referred it to the high court! Unbelievable! Not sure on the name of the bailiff/enforcement officer but will dig out the paperwork and let you know

[bluebottle]

Re: Marstons Removal Division letter regarding Magistrates Court fine

He was a High Court Enforcement Officer, it was a private utilty debt (which wasn't really a debt, the dd bounced so they passed it onto a solicitor). payment was sent to the solicitor yet they still referred it to the high court! Unbelievable! Not sure on the name of the bailiff/enforcement officer but will dig out the paperwork and let you know

I will need to run your case past another of our members who is an expert in High Court enforcement matters. It sounds like a utility company, aided and abetted by a solicitor, has abused the legal process. If you could provide as much detail as possible, this would be helpful.