Marstons Debt Collectors

[Driver26]

Re: Marstons Debt Collectors

Hello everyone, just a quick update. just returned from holiday to a letter addressed to me from marstons thanking me for providing "proof of occupancy". it goes on to confirm that the warrant in respect of this individual has now been returned to our (their) instructing client. Whilst we were away we recieved via text from the youngest that a visit occured on the 24th the same date heading the letter-this could simply be some crossed wires I suppose, (he didnt answer the door, so we cannot say for certain who the caller was. As per ploddertoms advice i've repeatedly told the debtor to get this dealt with or he risks being arrested. He's proving too lazy so far to do this. A photocopy of the SD remains tacked to the wall behind the front door.

[Driver26]

Re: Marstons Debt Collectors

Well without the hypothetics here i hope their correspondence highlighted in post 40 is the beginning of the end

[bluebottle]

Re: Marstons Debt Collectors

Some of it is a lack of proper training, but some of it is because a number of the certificated bailiffs in circulation are former police officers who have been kicked out of the police force for misconduct, which includes Violent Conduct towards members of the public and other police officers, Fraud, Perverting the Course of Justice and Drunkenness On Duty and lull serving officers into a false sense of security by claiming to be "ex-job". Obviously, being kicked out of the police force for the matters listed earlier in this post would make a certificated bailiff or prospective certificated bailiff not fit to act as a certificated bailiff. However, I suspect HMCTS are not made aware of this, or checks are not sufficiently stringent or comprehensive enough. However, I am with Dougal in that there is nothing to prevent a serving police officer from arresting a certificated bailiff who has committed an indictable offence or any offence for which a power of arrest exists.

[bluebottle]

Re: Marstons Debt Collectors

Very, very dangerous advice. Criminal law is very complex and most people will not understand this. There are several points to prove to accuse someone of theft and to be making an arrest (especially if using force) could potentially land someone in deep water. Legal implications aside - if you were to try and restrain someone and they were to defend themselves then the potential for the situation to escalate is there!

the simple answer is to call the police if you believe a bailiff is committing an offence, weather you agree with their actions or not, you will be avoiding a potentially bad situation getting much worse.

However, if like Dougal and myself, plus a number of other LB members who have worked in law enforcement, that would be a different matter, but for a layman, as you say, it could escalate into something nasty. Certificated bailiffs are not beyond using violence to achieve their objectives. However, a criminal appeal at Hove Crown Court, in December 2012, confirmed that a debtor is entitled to use as much reasonable force as is necessary to remove a bailiff who has entered their home illegally or unlawfully and to protect their property where the bailiff has no power or right to seize or remove or be at the debtor's home.

[Driver26]

Re: Marstons Debt Collectors

I daresay I've enough 'bottle' (sorry I could't help that one!) to prevent an attempted entry providing I was there in the first place, due in no small part to advice I've gleaned on this 'ere site. Layman I still am, but but other occupants are more vunerable still. Anyone got any comments on my post (40). As I speak I'm photocopying their letter to tack up with the SD

[ploddertom]

Re: Marstons Debt Collectors

I daresay I've enough 'bottle' (sorry I could't help that one!) to prevent an attempted entry providing I was there in the first place, due in no small part to advice I've gleaned on this 'ere site. Layman I still am, but but other occupants are more vunerable still. Anyone got any comments on my post (40). As I speak I'm photocopying their letter to tack up with the SD

Good idea to keep a copy handy. Have you thought about checking with the Court they have done as said and it is finished with - not the first time a Warrant has been given to another Bailiff Co?

[Driver26]

Re: Marstons Debt Collectors

No I have not checked up with the Court, but then again thie unpaid fine is not mine. When I first made out the Stat Dec to protect our belongings I told the debtor to get himself to the issuing Court and try to get a Means Test and settle up. He was told (so he says) that this business had been transfered to a different Court. I believe he has made no attempt to date to pursue being Means Tested at the new Court. Personally I don't know the reference details or anything anyway. I could send a copy of the Stat Dec, at least this shows my address and stance on the matter. If the recent caller was from a different Bailiff Co I'm unaware of this so far.

[Sir Vere Brayne d'Emmidge]

Re: Marstons Debt Collectors

Hello to everyone. I hope someone can offer some advice. We have had a visit from Marstons re an unpaid fine by my stepson from 2007/8 (according to the visitor). He said he owes £400 and if the money is not paid in 21 days he will send a "removal team" for goods, vehicles etc, to sell at auction. Everything in our house, apart from an old weightlifting bench and some weights has been bought and paid for by me and my wife. He says he cant afford the money and they want it all at once. I dont trust him to repay me if I lend it to him as he has proved difficult in the past. What can I do if these people turn up when we're on holiday in three weeks and take our things? The house will be occupied by my two sons while we're away. The youngest 19, and the debtor 25.

Just a few points that can make the big difference.

1. Did the bailiff from Maston disclose to you why he was there or did you find out by opening the sealed envelope that he left for you son's attention marke Private & Confidential?
2. Assuming the first happened you can report him (or your son can) for a breach of the Data Protection Act, if the latter happened did you challenge your son about the issue?
3. Can you provide the bailiff with any type of documentation that the house (and its content) is yours....saying that the muppet from Marston should realise that its unlikely for the child to own the house and have parents and siblings freeloading accomodation from him (unless of a different cultural background)
4. Phone Marston, followed by an email and a written letter sent by recorded delivery, and tell them that yes, your son lives with you, he only owns the content of his bedroom and that as far you are concerned you do not have any issues with a bailiff attending the property and his whatever is in his bedroom.
5. Watch them disappear in Scotch Mist!

[labman]

Re: Marstons Debt Collectors

I suspect much of the stuff in the bedroom belongs to parents as well - bed, wardrobes, drawers, etc....

[Driver26]

Re: Marstons Debt Collectors

yes the stat dec makes it as clear day who owns what. The baiiff simply asked for him by name and did not profer any envelope sealed or otherwise. I learned about what he owed from my son himself after he and the bailiff spoke on their mobiles. I do have issues with anyone, bailiffs or otherwise who may demand to view the contents of my home. The stat dec proves hook line and sinker its all mine anyway

[labman]

Re: Marstons Debt Collectors

I do have issues with anyone, bailiffs or otherwise who may demand to view the contents of my home.

The problem here is it also the home of your son, so the bailiff will turn up at your house, like it or not, as it is your son's address. You may not like it (nor would I), but where else is he supposed to go? :beagle:

[charitynjw]

Re: Marstons Debt Collectors

The problem here is it also the home of your son, so the bailiff will turn up at your house, like it or not, as it is your son's address. You may not like it (nor would I), but where else is he supposed to go? :beagle:

[Driver26]

Re: Marstons Debt Collectors

Ok. The unpaid fine is not in dispute here. The letter from Marston Group indicates they have returned the Warrant to their client as I have said earlier. The Stat Dec proves my ownership of my home and contents. If other Bailiffs turn up at the door to levy goods is it not enough to present the Stat Dec at the doorstep? I cannot stop visits of course, but I want to keep my property where it is. Obviously I cannot stay at home guarding it. Should I send photocopies of the Stat Dec to Court and if so, to whom should I address it? Many thanks.

[Driver26]

Re: Marstons Debt Collectors

To all who may help in this matter. The original Court was Ashton-u-Lyne Mag's. They say they have now passed on this business to Manchester Mag's Court, (I heard this second hand.) However, its one or the other.

[labman]

Re: Marstons Debt Collectors

Thanks, the email address you need in addition to addressing the Fines Officer at the court, is below. Give a synopsis of the case to each and explain why you're sending a copy of the SD. :beagle:

GM-AEUEnf@hmcts.gsi.gov.uk