Issue with Marston Group

[Makkie]

Hello,

I came across this forum via Google and read some great advice so thought I should register and ask for some advice from members please.

My issue is as follows:
Marston Group had sent bailiffs today due to an unpaid debt (£XXX) which my brother had owed who does not live with us, at the time he was at the property with my older brother and had answered the door in which the bailiffs forcefully entered. None of the possessions in the household belong to my brother who owes the money nor does he live in the property (he's not even on the council register for the property). The bailiffs were demanding money or else they'd take goods, unfortunately, as we had no choice we made the payment as it'd either be the payment or the goods. Were they allowed to forcefully enter and demand for payment even though my brother does not live in the property? Is there anything we can do to receive a refund?

I would appreciate any advice.

Thank you

[Inca]

Re: Issue with Marston Group

Hi and to LegalBeagles...someone will pop by and help you

[Makkie]

Re: Issue with Marston Group

Hi and to LegalBeagles...someone will pop by and help you

Thanks, just a note;
- My brother does not live in the household.
- None of the possessions in the household are his.
- We did not receive any letters (well, he didn't inform us of any bailiffs coming so I'm not sure if he was hiding it or no correspondence was received).
- The car isn't his either (they tried to clamp that too - are they allowed to if it isn't his?)

Thanks.

[bluebottle]

Re: Issue with Marston Group

Hi and welcome to Legal Beagles.

Was this for a court fine or what was it for, please?

[bizzybob]

Re: Issue with Marston Group

Either way Marstons had no right to seize or otherwise interfere with your goods for a Third Party debt, if they clamped your car you could swear a Statutory Declaration at the court and show them the V5 or proof of ownership, if Marstons didn't remove the clamp you could sue them for consequential loss in the small claims court under the tort of unlawful interference with goods.

[bluebottle]

Re: Issue with Marston Group

If this was for a court fine, the matter needs to be referred to HMCTS Criminal Enforcement Team asap. What Marstons' bailiffs have done is serious. Even if it wasn't a court fine, Marstons and their creditor client are still in the proverbial.

[Makkie]

Re: Issue with Marston Group

If this was for a court fine, the matter needs to be referred to HMCTS Criminal Enforcement Team asap. What Marstons' bailiffs have done is serious. Even if it wasn't a court fine, Marstons and their creditor client are still in the proverbial.

Thanks for your reply. Would that be from this:
https://courttribunalfinder.service.gov.uk/ ?

Will I be able to get my money back if I chargeback?

Thanks

[bluebottle]

Re: Issue with Marston Group

Thanks for your reply. Would that be from this:
https://courttribunalfinder.service.gov.uk/ ?

Will I be able to get my money back if I chargeback?

Thanks

No. And don't even think of using chargeback. What Marstons have done is serious and I very much doubt HMCTS are going to be very happy when they find out what they have done.

If you know which court is involved, please post up. You will need to email the relevant HMCTS Area Enforcement Team with a formal complaint. To be honest, I would not let Marstons try and resolve this themselves. Once the name of the court is known, the relevant email address can be posted up.

[Makkie]

Re: Issue with Marston Group

Wouldn't a charge back work though as it was made under duress?

It's Manchester Crown Court, they didn't give any documents but a receipt.

Is there any light of a refund?

I just confirmed with my brother he did not hide any letters, so they didn't send any. Plus, when I called Marston Group, to complain, they asked for my address since I didn't know the reference number (no documents) and they said nothing was coming up, so I didn't say anything else and thank'd the lady and hung up.

Also, advice bureau said that I should get a statutory declaration, so that I can prove to the bailiffs and the company that all items belong to me. Does this help?

[bluebottle]

Re: Issue with Marston Group

Firstly, do not, under any circumstances, attempt chargeback with bailiffs acting on behalf of HMCTS.

Secondly, the bailiffs involved have clearly overstepped the mark and the fact that Marstons have confirmed your address is not on their system tends to indicate the bailiffs should not have been anywhere near your address. Demanding money from someone who does not owe any money, even if you have a distress warrant from the courts naming someone else as the debtor, is a very serious matter indeed,

You need to refer this to the HMCTS Greater Manchester Area Enforcement Team in the first instance. This is best done by email. Mark your email "For the attention of Service Delivery Manager or Senior Enforcement Manager" and be very clear as to what has happened in the body of your email, especially Marstons informing you that your address was not on their system. Make it clear what resolution you are seeking.

The email address you require is: GM-AEUEnf@hmcts.gsi.gov.uk

Please be aware that if the HMCTS Area Enforcement Team considers the matter should be referred to the HMCTS Regional Enforcement Team which, in the case of Greater Manchester, is based at Gildersome, in West Yorkshire, you will need to let the necessary procedures be gone through.

If Marstons contact you as a result of complaining to HMCTS and offer a "goodwill payment", I would be inclined to seek professional legal advice as "goodwill payments" are only appropriate in certain circumstances.

[Makkie]

Re: Issue with Marston Group

Thanks for your advice. Would you please suggest what should be added in the email to them?

P.S. I forgot to mention, they also said they were involving the police and auctioneers and said that they'd give us "10 minutes" before they remove the goods.

[bizzybob]

Re: Issue with Marston Group

Marstons are in the carp again, there is no way they should have accepted the money, but then they don't care who pays, just that someone does. It may be worth contacting the police for a crime number after you have taken the steps outlined by Bluebottle, but definitely swear a Statutory Declaration and send a copy to the court that sent the bailiff. Marstons may well claim you paid "voluntarily" so will say they will not pay the money back, that will be the rope that may well hang them, and they may offer the goodwill payment that BB mentioned, after HMCS prod them with a pointed stick.

[Makkie]

Re: Issue with Marston Group

I contacted the local police, but they didn't help. All they did was read what they could find on their systems in regards to what bailiffs can do and told me to go to the advice bureau and gave me a log number. After he finished, I was going to ask him a question and he didn't listen and said thank you, good bye!

[Milo]

Re: Issue with Marston Group

Makkie,

In order to give a proper response it will be necessary to ask a few questions.

You say that at the time of the visit by the bailiff that your brother was actually at the property ( although he does not normally live there). Did you brother speak with the bailiff and did he give them his correct address?

Did your brother know of the court fine?

If he knew, had he made any payments towards the fine and if so...when was the last payment?

If he had no idea at all about the fine then it is a simple matter of contacting the Magistrates Court that issued the fine and request permission to file a Statutory Declaration. He must make such an application within "21 days" of becoming aware of the fine. It he only knew about the fine today then he still has 20 days in which to file a "Statutory Declaration". This can be done enough though payment has been made and if accepted, the court will arrange a refund.

You have asked about making a chargeback against your debit/credit card. You will need to think very carefully before making a 'chargeback":

Firstly, unfortunately; there are some websites which positively encourage debtors to apply for chargebacks and will even go so far as to provide template documents for people to send to their bank. Almost always these letters make serious allegations about Fraud and almost always; they will advise the person not to mention that they had made a payment to a bailiff....in other words encourage the debtor to mislead the bank.

Only yesterday I received a telephone call from a gentleman who had made such a chargeback request using such a 'template" and he too had been told not to let the bank know that he had made a payment to a bailiff. Not only have the bank refused his request but they have closed his bank account !!!

The same websites will invariably try to advise debtors to issue a claim in the courts. So far...there is no evidence at all of any successful cases. You may also find references on websites to such fanciful claims that "apparently" the Secretary of State settle claims. A Freedom of Information request will confirm that the "Secretary of State" does not settle such claims !!!! If anyone is tempted to believe such "advise" then at the very least....ask for proof of successful claims. You wont see any.

If your are to consider a "chargeback" then do so only by writing your own letter and be truthful about what happend. If the bank were to agree, you will need to consider what will happen afterwards. Naturally, if the payment were reversed, the distress warrant will become live and bailiffs will seek once again to enforce the warrant.

To avoid the bailiff coming back to your property you should provide the court or bailiff company with your brothers correct address. In cases where a 'chargeback' has been claimed it is obvious that when re-enforcing the warrant the bailiff will NOT under any circumstances accept anything other than cash from your brother.

[bizzybob]

Re: Issue with Marston Group

For clarity which of you actually paid the bailiff, and was the warrant to your address? Has your brother registered a motor vehicle using your address, or was he previously resident there?