Bailiff marston sent arrest warrant letter to take me into custody

[enquirer]

Re: Bailiff marston sent arrest warrant letter to take me into custody

Possibly coincidentally, one might also wonder if by Drakes buying out John Marston Ltd, they bought the good name established by JML and used it in order to stop themselves being forced out of business? Perhaps I'm overly cynical!

This is common business practice.

A large firm seeks out, and purchases, a smaller firm that has a good reputation. It then immediately downgrades the quality of the smaller firms products, whilst maintaining the higher price.

After a while, the customers of the smaller firm cotton on to the fact that the products are now rubbish, and go elsewhere. At that point, realising that it is now burnt out, the larger firm dumps it.

[enquirer]

Re: Bailiff marston sent arrest warrant letter to take me into custody

If it can be established that no arrest warrant was ever issued, mightn't it be a good idea to allow oneself to be "arrested" by that certificated clod? The damages one could claim from Marstons ...

This is the way to go.

Set them up and then trash them.

[bizzybob]

Re: Bailiff marston sent arrest warrant letter to take me into custody

This is common business practice.

A large firm seeks out, and purchases, a smaller firm that has a good reputation. It then immediately downgrades the quality of the smaller firms products, whilst maintaining the higher price.

After a while, the customers of the smaller firm cotton on to the fact that the products are now rubbish, and go elsewhere. At that point, realising that it is now burnt out, the larger firm dumps it.

How a company collecting public debt with unlawful threats and harassment can be termed a business is beyond me, Marstons should be compulsorily wound up, and the collection of overdue fines taken back within HMCS.
The addition of fees that can double or even quadruple the original penalty, could fall foul of the Articles Of The ECHR. But that won't bother HMCS and their semi tame neanderthals, at marstons, Phillips etc.

[CleverClogs]

Re: Bailiff marston sent arrest warrant letter to take me into custody

semi tame neanderthals, at marstons, Phillips etc.

I believe you have needlessly impugned Homo neanderthalensis by comparing him to those semi-anthropoid pithecines.

[bluebottle]

Re: Bailiff marston sent arrest warrant letter to take me into custody

How a company collecting public debt with unlawful threats and harassment can be termed a business is beyond me, Marstons should be compulsorily wound up, and the collection of overdue fines taken back within HMCS.
The addition of fees that can double or even quadruple the original penalty, could fall foul of the Articles Of The ECHR. But that won't bother HMCS and their semi tame neanderthals, at marstons, Phillips etc.

Interestingly, any private enterprise carrying out any public function on behalf of central or local government is subject to the Human Rights Act. I have no doubt Marstons would argue otherwise, but my gut-feeling is that if they went into court and tried to argue they weren't, they would probably be in for a shock.

[bizzybob]

Re: Bailiff marston sent arrest warrant letter to take me into custody

I believe you have needlessly impugned Homo neanderthalensis by comparing him to those semi-anthropoid pithecines.

Perhaps the comparisons should be with rattus rattus, or rattus norvegicus then.

[labman]

Re: Bailiff marston sent arrest warrant letter to take me into custody

Interestingly, any private enterprise carrying out any public function on behalf of central or local government is subject to the Human Rights Act. I have no doubt Marstons would argue otherwise, but my gut-feeling is that if they went into court and tried to argue they weren't, they would probably be in for a shock.

Would that not require police intervention though? No, silly me! The police would say, "It's a civil matter," so it would be a civil action. The chances of anyone succeeding in court against bailiffs using the Human Rights Act as a defence? Hmmmm.........


:flypig::flypig::flypig::flypig::flypig::flypig::f lypig::flypig::flypig::flypig::flypig::flypig:

[bizzybob]

Re: Bailiff marston sent arrest warrant letter to take me into custody

Interestingly, any private enterprise carrying out any public function on behalf of central or local government is subject to the Human Rights Act. I have no doubt Marstons would argue otherwise, but my gut-feeling is that if they went into court and tried to argue they weren't, they would probably be in for a shock.

Human rights Act, and the European convention, along with failure to carry out a Risk Assessment under H & S if debtor is potentially vulnerable, that should firk them up a bit. As long as you could get them into court and the police have a desire to feel their collars. And the HSE find a case to answer, as they don't need the coppers to act for them, they can steam in on their own.

[toobusy]

Re: Bailiff marston sent arrest warrant letter to take me into custody

hi, had a arrangement with the court to pay fine, sent the last amount off by cheque £40 total of £65, for some reason they didnt receive it, then 1 week ago got letter from marston sayin pay £85 rang and told them ive already paid they tey said court said no payment received so have to pay more, was to busy to query it at bank if cheque was cashed, then called court and paid £40 they said never received nothing, my fault for not checking so have tp pay bailiff fees now, cant do nothing, 2 days ago got red letter throu fine gone upto £340 with bailiff saying will come back this week in the morning to clear goods, if not in will bring his own locksmith and gain entry cant do nothing, fine will go up further £200

is there anything i can do to stop fees going up and up? rang bailiffs they say cant do nothing wait for bailiff to attend, rang court they dont want to know, not my fault cheque was not received, told court cleark enforcement manager there no reason wouldnt of sent it as drove over 100mile to sort it out when got the initial warrant arrest letter, she said hard luck for not double checking

any advice would b appreciated

[enquirer]

Re: Bailiff marston sent arrest warrant letter to take me into custody

Now let's see ...

You tell Marstons (in writing, Recorded Delivery), that you know there is no arrest warrant. They ignore this and try to arrest you. You defend yourself against what you know at the time to be unlawful force.

[bluebottle]

Re: Bailiff marston sent arrest warrant letter to take me into custody

hi, had a arrangement with the court to pay fine, sent the last amount off by cheque £40 total of £65, for some reason they didnt receive it, then 1 week ago got letter from marston sayin pay £85 rang and told them ive already paid they tey said court said no payment received so have to pay more, was to busy to query it at bank if cheque was cashed, then called court and paid £40 they said never received nothing, my fault for not checking so have tp pay bailiff fees now, cant do nothing, 2 days ago got red letter throu fine gone upto £340 with bailiff saying will come back this week in the morning to clear goods, if not in will bring his own locksmith and gain entry cant do nothing, fine will go up further £200

is there anything i can do to stop fees going up and up? rang bailiffs they say cant do nothing wait for bailiff to attend, rang court they dont want to know, not my fault cheque was not received, told court cleark enforcement manager there no reason wouldnt of sent it as drove over 100mile to sort it out when got the initial warrant arrest letter, she said hard luck for not double checking

any advice would b appreciated

Which county are you in, please? I feel it is time for you to escalate this matter to Senior Enforcement Manager (SEM) level. They are above Area Enforcement Managers (AEM) and can over-rule them.

[toobusy]

Re: Bailiff marston sent arrest warrant letter to take me into custody

hello, im in huntingdon, Cambridgeshire, my council tax gets paid to huntingdon council if that helps.

Marstons know they cant arrest me, the way they wrote the letter was like the police are hot on my hells, hence why i done one straight away to local station the next day to hand myself in only to b told its nothing to do with the police.

Now I know marstons got pissed off with that, now its this trying to say didnt receive my cheque when i defo 100% sent it, seems you just cant win, its already cost £70+ in fuel going to court and police station
thanks

[bluebottle]

Re: Bailiff marston sent arrest warrant letter to take me into custody

Right. It sounds like you need to take this up with HMCTS at a more senior level. Being in Cambridgeshire, the Senior Enforcement Manager (SEM) for HMCTS for that area is based at Southend-On-Sea, which also happens to be the same location (and building) as the Head of Enforcement Operations (South), which is the next level above an SEM. The contact details are -

Senior Enforcement Manager
Southend Magistrates' Court
80, Victoria Avenue,
Southend-On-Sea
Essex
SS2 6EU

01702 283830

ES-dist.list.enforcement@hmcts.gsi.gov.uk

The SEM should be able to get you answers to any questions you may have. As for the threatening letter you received from Marstons, this isn't the first time they have tried this ploy. Last year, they tried it in Cornwall. HMCTS and Devon & Cornwall Police didn't know anything about it and were not happy bunnies, especially when they found out an HMCTS logo and D&CP force crest had been used without their knowledge.

[toobusy]

Re: Bailiff marston sent arrest warrant letter to take me into custody

ok thanks very much i'ii b on to them 2morrow first thing, thankyou