Marston bailiff help needed

[Willbro]

I have a bailiff clamp my car and he has told me that it will be towed away in two hours if I do not pay .I have told the bailiff that the car is on finance with an outstanding balance off £6200 and that the car is worth £3000 the money I owe is £321 for parking ticket and I told him I thought this was an excess levy and he told me that it is not .he said they will sell the car to get there money then pay the finance company the rest and I will be in breach of my terms and conditions ..


If they take and sell my car I will have to pay the fiancé company thousands can they do this


Thanks

[ploddertom]

Re: Marston bailiff help needed

What sort of finance - HP, Lease or Bank Loan?

[Willbro]

Re: Marston bailiff help needed

I have the fiancé with a company called marsh finance
I pay £184 a month for a total off 5 years then the car is
mine . I bought car from a car garage and the fiancé company payed the garage
.
i did not borrow money from bank but not sure if it is hire purchase or lease
as I do not know the diffrece

thanks a very much

[Willbro]

Re: Marston bailiff help needed

I have just looked into it and I believe the type of fiancé that I have is hire purchase

thanks again

[wales01man]

Re: Marston bailiff help needed

I believe if that's the case they cant take it its not yours

[bluebottle]

Re: Marston bailiff help needed

If it's on HP, it belongs to a finance company. If it's leased, it belongs to a leasing company. As for the bailiff claiming they can seize and sell the vehicle, then pay any money to the finance/leasing company, I am afraid the bailiff is talking out of a bodily orifice at the lowermost point of his alimentary canal. One thing you need to remember about bailiffs - they lie. And this bailiff is lying. He removes the car at his own risk. What does he risk? A finance/leasing company can sue him, his employers and the creditor for Unlawful Detention of their property and, possibly, Conversion, also. On the criminal side, the bailiff and his employers could be prosecuted for Fraud by False Misrepresentation, on more than one count, and the bailiff could also face a charge of Theft and, if he/she is involved in arranging the sale of the vehicle, Handling Stolen Goods, too, along with any other Marston employee involved.

Bailiffs may think they are above the law, but the reality is they are subject to the same laws as everyone else, without exception.

[bizzybob]

Re: Marston bailiff help needed

I have just looked into it and I believe the type of fiancé that I have is hire purchase

thanks again

In which case the bailiff could get done for stealing the car if he took it, and the finance company decided to complain.

If the HP company agreed and allowed the bailiff to sell, they would be in breach of contract with you, and may well have to refund all payments made under the agreement plus an amount for the inconvenience, the clamp must also be removed

[bluebottle]

Re: Marston bailiff help needed

In which case the bailiff could get done for stealing the car if he took it, and the finance company decided to complain.

If the HP company agreed and allowed the bailiff to sell, they would be in breach of contract with you, and may well have to refund all payments made under the agreement plus an amount for the inconvenience, the clamp must also be removed

The OP needs to ring the finance company immediately and sound them out. Then, if they are not happy bunnies, let them to give Marstons an earful. The best person for the finance company to give an earful to is the CEO of Marstons, Gareth Hughes. He is 100% vicariously-liable, along with his fellow directors and the bailiff manager for the area this has occurred in for this bailiff's actions.

[ploddertom]

Re: Marston bailiff help needed

Just imagine if the Finance Co agrees with the Bailiff to sell it and pay them off. You then have them for Breach of Contract and they have to pay everything back you have paid to date + damages. I isn't going to happen. Tell himhe has clamped goods which do not belong to you. You will need to provide him with a copy of the agreement as proof however.

Makes me wonder how many stupid ideas Bailiffs think they can get away with. Ask him which Court he gained his Certificate at as you are thinking of writing appraising them of his lack of knowledge a copy of which should be sent to his employer.

[CleverClogs]

Re: Marston bailiff help needed

Makes me wonder how many stupid ideas Bailiffs think they can get away with. Ask him which Court he gained his Certificate at as you are thinking of writing appraising them of his lack of knowledge a copy of which should be sent to his employer.

He's probably "self employed" and paid a week in arrears, by results.

[bluebottle]

Re: Marston bailiff help needed

He's probably "self employed" and paid a week in arrears, by results.

Doesn't make any difference, Cloggy. Marstons have hired him/her to enforce on their behalf and, in doing so, accept vicarious liability for his/her actions whilst he/she is working for them. Also, employing a person on a self-employed basis, unless that person also works for other employers as well, is nominal self-employment and HMRC will be very interested to hear about such persons and any employer who is employing them exclusively on a self-employed basis.

[Willbro]

Re: Marston bailiff help needed

An update

because the bailiff would not remove the clamp I had to pay him however I am not going to give up on this and I am going to get an action plan together and for the criminal crimes he has committed I will report him to the police and action fraud and I will take to small claims court if possible and complain to the court .

because he did not take the the vehicle but clamped and forced me to pay with the threat off taking it can anyone think off any laws he has broke in doing this also when in had the money in my hand and offered to pay I told him I want a receipt he said he forgot his book so drove home to get it .when he came back he said he had lost it and needs to report it stolen .. He wrote me receipt in righting and I paid him as I had no choice as one as already late for work however when he left he was gone for about half and that made me late for work and car was still clamped

has he done anything else wrong here


I am new here so I am really happy you are helping me and will be sticking around and keep the thread updated with my battle against the bailiff over next few months
thanks
again

[ploddertom]

Re: Marston bailiff help needed

Shame but you have done what you had to do.

At the end of the day it is the Council wha are responsible for the actions and charges of their agent and a Formal Complaint must be made to them - both envelope & letter must be marked "Formal Complaint" and addressed to the Council CEO, with a copy being sent to Marstons. You also require a breakdown of the fees charged, this can be had by sending Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters

[Willbro]

Re: Marston bailiff help needed

Shame but you have done what you had to do.

At the end of the day it is the Council wha are responsible for the actions and charges of their agent and a Formal Complaint must be made to them - both envelope & letter must be marked "Formal Complaint" and addressed to the Council CEO, with a copy being sent to Marstons. You also require a breakdown of the fees charged, this can be had by sending Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters

Thanks i will get the letter sent off .

does anyone think I still have any grounds to report the crime to the police
Or if I would be able to take the bailiff to the small claims court

I have the bailiff full name and address that I have found so could give that to the police .
thanKs

[ploddertom]

Re: Marston bailiff help needed

The Police won't be interested & think you may have problems if you decide to try the Small Claims Court as well. I would make you complaint submissions first and see what responses you get - the chances are they are going to come back and say they see nothing wrong, this in itself is not a bad thing as it is a starting point to making them look stupid.