bailiffs threating to take my stuff

[bizzybob]

Re: bailiffs threating to take my stuff

Maybe then they can deliver Xmas Dinner but you'll only get sprouts & stuffing.

No if they call on Christmas Day they will try to levy the turkey and Christmas tree. If they were allowed in Scotland imagine what would happen to a bailiff if he called on a Glaswegian on Hogmany and tried to levy the whisky.....

Whatever the digression if he doesn't call today poppilea can rest easy tomorrow at least, but must get onto things early doors Monday. Be aware that bailiffs may call at 5:30 or 6 am if they are feeling particularly fee hungry, and levy any car they set eyes on.

[poppilea]

Re: bailiffs threating to take my stuff

just spoken to my son he got a letter a month ago so he foned them up to tell them he asnt been fined for any think nor has he bin to court and marstons sead on the phone to my son (oh thers nothing on our system your name here and that was it till bailiff turned up and the bailiff knew this because he said to me yes it was myself your son spoke to confused )

[labman]

Re: bailiffs threating to take my stuff

It is the court this needs taking up with NOT Marstons. Marstons have simply been issued a warrant by the court to execute. That is their sole job, to execute that warrant.

If there has been a mistake, and the warrant has been issued erroneously, the ONLY people who can correct that is the court.

Any issues with Marstons over possibly using a bailff who may not be certificated (there is no certainty in this at all), is an entirely separate issue.

Involving the police will achieve nothing. It is the court, and only the the court who is potentially at fault here. There is a slight chance of a side issue with Marstons if you want to pursue it.

[poppilea]

Re: bailiffs threating to take my stuff

so do I phone courts up first but what is baliffs come first

[CleverClogs]

Re: bailiffs threating to take my stuff

It is the court this needs taking up with NOT Marstons. Marstons have simply been issued a warrant by the court to execute. That is their sole job, to execute that warrant.

They are only obeying orders?

Do their orders include misinforming someone who telephones them upon receipt of their initial letter? That is what seems to have happened here, if one reads post #32 - poppilea's son appears to have been told that his name was not on their system.

Do their orders also include threatening to seize and/or remove goods belonging to a third party?

[wales01man]

Re: bailiffs threating to take my stuff

your right CC interesting points

[CleverClogs]

Re: bailiffs threating to take my stuff

so do I phone courts up first but what if bailiffs come first

Tell them, once more, that your son does not live with you and that none of the contents of your house belongs to him.

[CleverClogs]

Re: bailiffs threating to take my stuff

your right CC interesting points

One might even wonder if their apparent misinformation was not the result of a simple mistake but an attempt to garner fees by "making the bailiff have to visit".

[labman]

Re: bailiffs threating to take my stuff

They are only obeying orders?

Do their orders include misinforming someone who telephones them upon receipt of their initial letter? That is what seems to have happened here, if one reads post #32 - poppilea's son appears to have been told that his name was not on their system.

Do their orders also include threatening to seize and/or remove goods belonging to a third party?

What I said, if you read my post in its full context was the main issue here is the claim the son is not liable for this fine at all.

With regards to that main issue, it will ONLY BE SETTLED WITH THE COURT.

The court have passed a warrant to Marstons to execute. Marstons are doing that as instructed by the court.

If Marstons are executing the warrant improperly, then of course they can be held to account for this.

[bluebottle]

Re: bailiffs threating to take my stuff

What I said, if you read my post in its full context was the main issue here is the claim the son is not liable for this fine at all.

With regards to that main issue, it will ONLY BE SETTLED WITH THE COURT.

The court have passed a warrant to Marstons to execute. Marstons are doing that as instructed by the court.

If Marstons are executing the warrant improperly, then of course they can be held to account for this.

Agreed. The OP's son needs to contact the court that issued the DW, as a matter of priority, and get this sorted. If it is a ferk-up, then the necessary steps can be taken to set aside the conviction and recall the DW. Any further problems with Marstons, then the HMCTS Area Enforcement Team is the next step.

[Sir Vere Brayne d'Emmidge]

Re: bailiffs threating to take my stuff

This post somewhat worries me for a variety of reasons, mainly to do with Mr Anderson, but also with the son's involvement.

Let's deal with the son first, if he received a letter asking to pay for a fine he could have never received, I would have got hold of the Courtlike a flash and asked what's going on, but some people think that it does not partain to them so ignore it.....

However Mr Anderson has made a few mistakes for which he should be hauled over hot coals...

1. By handing the notice for the alledged defendant to his mother he has infringed all rules under the DPA
2. The letter should have mentioned the client name
3. Mr Anderson should have tried to get hold of the OP's son to disclose what it was for, just in case the same did not receive the letter from Marston giving him 7 days to pay before a bailiff would be sent out at the cost of £215.00
4. Finally if Mr Anderson said to the OP that he was going to seize her goods, who is obviously not the defendant (for a start a mother can not be a young male) he should be reported for causing distress and threatening behaviour....an unsimpathetic court my convict him of affray actually!

[bluebottle]

Re: bailiffs threating to take my stuff

No if they call on Christmas Day they will try to levy the turkey and Christmas tree. If they were allowed in Scotland imagine what would happen to a bailiff if he called on a Glaswegian on Hogmany and tried to levy the whisky.....

Whatever the digression if he doesn't call today poppilea can rest easy tomorrow at least, but must get onto things early doors Monday. Be aware that bailiffs may call at 5:30 or 6 am if they are feeling particularly fee hungry, and levy any car they set eyes on.

I believe the phrase that would be uttered, BB, is, "Pick yer windy, Jimmae!"

[bluebottle]

Re: bailiffs threating to take my stuff

This post somewhat worries me for a variety of reasons, mainly to do with Mr Anderson, but also with the son's involvement.

Let's deal with the son first, if he received a letter asking to pay for a fine he could have never received, I would have got hold of the Courtlike a flash and asked what's going on, but some people think that it does not partain to them so ignore it.....

However Mr Anderson has made a few mistakes for which he should be hauled over hot coals...

1. By handing the notice for the alledged defendant to his mother he has infringed all rules under the DPA
2. The letter should have mentioned the client name
3. Mr Anderson should have tried to get hold of the OP's son to disclose what it was for, just in case the same did not receive the letter from Marston giving him 7 days to pay before a bailiff would be sent out at the cost of £215.00
4. Finally if Mr Anderson said to the OP that he was going to seize her goods, who is obviously not the defendant (for a start a mother can not be a young male) he should be reported for causing distress and threatening behaviour....an unsimpathetic court my convict him of affray actually!

Agreed. The OP's son needs to contact the court pronto. As previously stated, if Marstons are unco-operative, the area HMCTS Enforcement Team is the next step. From experience, Marstons aren't exactly flavour of the month with court staff. The usual response when Marston's name is mentioned is, "Oh.Them."

[labman]

Re: bailiffs threating to take my stuff

Much as it seems to buck the trend, I still think the priority is contact the court and sort out whether or not the son has to pay this fine. Anything to do with Marstons is secondary to this. It may be worth pursuing, it may not, depending how the OP sees things, but the main priority has to be to sort out the main issue with the court still. :beagle:

[bizzybob]

Re: bailiffs threating to take my stuff

Much as it seems to buck the trend, I still think the priority is contact the court and sort out whether or not the son has to pay this fine. Anything to do with Marstons is secondary to this. It may be worth pursuing, it may not, depending how the OP sees things, but the main priority has to be to sort out the main issue with the court still. :beagle:

Absolutely LM, poppilea cannot deal with the court it must be the son. If things are erroneous and it isn't his fine, a Stat Dec will sort it, if bailiffs still call then they can drop the heed on the plonker with a hearty CEE YOOO Jimmy. Seriously, the bailiff will hide behind the warrant even if it is erroneous, and will try to get paid, he doesn't care "who" pays just so long as somebody does.