Marstons and tennants debt

[ploddertom]

Re: Marstons and tennants debt

Thanks for that PT,,I'm getting quite used to asking questions without feeling a dimwit

I sometimes put the wrong glasses on.

[bluebottle]

Re: Marstons and tennants debt

If Marstons are hassling you in the mistaken belief you are the fine defaulter, it would be best to contact the HMCTS Senior Enforcement Manager for your area before Marstons drop a clanger of astronomical proportions. If you could post up the county this is happening in, I can post up the email address for the HMCTS Senior Enforcement Manager for that area. If the Distress Warrant needs to be recalled, the SEM and their staff will be the ones to do so if the staff at the court that issued the Distress Warrant are non co-operative.

[CleverClogs]

Re: Marstons and tennants debt

I'm getting quite used to asking questions without feeling a dimwit

Is that because your dimwit keeps out of groping range?

[bluebottle]

Re: Marstons and tennants debt

BB its not the OPs debt or the new tenant why should they pay for a SD if you had a debt and I lived in your old house would you expect me to pay to prove who I am or vica versa? Maybe Bluebottle can have some input on this regarding the law

Happy to do so, Wales. A Distress Warrant (DW) for an unpaid court fine can only be enforced against the person on whom the fine was imposed. If the fine defaulter was a former tenant at the OP's current home, has left and the OP has informed Marstons, they, Marstons, should report this to the court. Clearly they have not done so. If the name of the court that issued the DW is known, the court needs to be informed of Marstons' apparent failure to report. If the court is unco-operative, then the OP needs to escalate the matter to the HMCTS Senior Enforcement Manager (SEM) for the area in which this is happening, unless the court that issued the DW is in another area, in which case, it will be the SEM for that area to whom the matter should be referred. In my experience, SEMs and their staff tend, on the whole, to be very helpful. If a bailiff company, contracted to HMCTS, has crossed the line or is coming very near to doing so, it is the SEMs who can and will, where necessary, recall a DW from a contracted bailiff company. However, where Marstons are concerned, there is a history of their bailiffs continuing to enforce after the DW has been recalled. Be aware of this. Strictly speaking, continuing with enforcement after a DW has been recalled is an absolute no-no as a bailiff is, in those circumstances, acting without lawful authority.

[wales01man]

Re: Marstons and tennants debt

Thankyou Bluebottle as I wrote in earlier post why should the OP have to prove things and pay for a SD for a debt that's not his,this may be another bailiff who we cannot call names?

[bizzybob]

Re: Marstons and tennants debt

Thankyou Bluebottle as I wrote in earlier post why should the OP have to prove things and pay for a SD for a debt that's not his,this may be another bailiff who we cannot call names?

By proving they are not the debtor, it clears the decks to clobber the bailiff and claim damages if they continue enforcement ultra vires, as all reasonable steps have been taken by the victim of the unlawful enforcement.

[bluebottle]

Re: Marstons and tennants debt

By proving they are not the debtor, it clears the decks to clobber the bailiff and claim damages if they continue enforcement ultra vires, as all reasonable steps have been taken by the victim of the unlawful enforcement.

I would say it would be better to get HMCTS to neuter the bailiff before things get out of hand.

[bizzybob]

Re: Marstons and tennants debt

I would say it would be better to get HMCTS to neuter the bailiff before things get out of hand.

Maestons will continue until the court call them off, as that is what they are commanded to do.

[CleverClogs]

Re: Marstons and tennants debt

I would say it would be better to get HMCTS to neuter the bailiff before things get out of hand.

I was not aware that HMCTS had a eugenics programme. :grin:

[bluebottle]

Re: Marstons and tennants debt

Maestons will continue until the court call them off, as that is what they are commanded to do.

Oh, Marstons know they are required to inform the court if the fine defaulter has moved. When I have spoken to staff at some magistrates courts, you would think it was Marstons who were in charge of enforcement, not HMCTS.

[bluebottle]

Re: Marstons and tennants debt

I was not aware that HMCTS had a eugenics programme. :grin:

It's a tempting thought, isn't it, Cloggy?

[Inca]

Re: Marstons and tennants debt

I would take my proof to the council and very LOUDLY but totally unthreateningly declare my case to the Receptionist,,who would re direct me to a different floor of the building.I would refuse such an offer and ask that the person from the relevant dept came to Reception to see me (citing claustrophobia as my reason not to use the lift and a very sore ankle so can't climb stairs)....and sit down within the receptionists eyeline..and wait............

[bizzybob]

Re: Marstons and tennants debt

I would take my proof to the council and very LOUDLY but totally unthreateningly declare my case to the Receptionist,,who would re direct me to a different floor of the building.I would refuse such an offer and ask that the person from the relevant dept came to Reception to see me (citing claustrophobia as my reason not to use the lift and a very sore ankle so can't climb stairs)....and sit down within the receptionists eyeline..and wait............

I'm sure the council would keep you waiting, whilst down at the Magistrates Court... Marstons will carry on until Op has a go at the HMCS staff.