Marston - TVL

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Re: Marston - TVL

Well, the saga continues. Still nothing from the court. Bailiffs came at 0800 on Saturday morning and got my flat-mate out of bed, who then called me and I was there within 30 mins for an entertaining conversation with through the letterbox. Bailiff provided one of their dodgy 'warrant' printouts to me and said if I didn't pay up, they would be back with a locksmith resulting in more costs. When I challenged them about the alleged previous visit, they simply said 'that's nothing to do with me...'
Now then, my flat-mate lost his mother on Thursday and was pretty annoyed about this rude awakening. I hate the idea of other people being affected by this, so for that reason and that reason alone, I paid them. Against my better judgement, but, there you go...
It is still my intention to dispute this, but I'm stumped as to how I go about it. I don't imagine proving that they didn't leave any documentation of their alleged previous visit is going to be easy. Is that even grounds for a dispute in the first place? I'm beginning to wonder! Do you think its worth complaining to the court again?

[bluebottle]

Re: Marston - TVL

Did you inform Marstons that the matter was disputed and that you were in active contact with the court? Strictly speaking, Marstons should have contacted the court for further instructions, not continue regardless. I would email the HMCTS Area Enforcement Team and appraise them of what Marstons have done. Do make it clear that you are prepared to escalate the matter to a higher level, especially if the alleged conviction is not sound. Do that today.

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Re: Marston - TVL

Did you inform Marstons that the matter was disputed and that you were in active contact with the court? Strictly speaking, Marstons should have contacted the court for further instructions, not continue regardless. I would email the HMCTS Area Enforcement Team and appraise them of what Marstons have done. Do make it clear that you are prepared to escalate the matter to a higher level, especially if the alleged conviction is not sound. Do that today.

Done. The bailiffs were aware the matter is in dispute when they knocked on the door because they told me! Surely this constitutes an act of fraud by false representation? Providing false documents (the bogus warrant) for an amount of money (£215) they claim I owe them for levying distress (which they didn't do because they did not leave documentation on their alleged first visit). That's even before I start trying to unravel the mystery of the conviction itself.

Surely if Marston's are doing this on a regular basis it constitutes fraudulent trading under Section 9 of the Fraud Act 2006??? Getting the money back would be sweet, but if I can do something to make sure this doesn't happen again, I'd be even happier! Am I right in thinking that, in order to report fraud, I should contact the police?

[bluebottle]

Re: Marston - TVL

You need to get back to the HMCTS Greater Manchester Area Enforcement Team asap and find out what is going on. Although I hope it does not reach the stage of having to escalate this to the HMCTS Northern Regional Area Enforcement Team, you should not rule this out.

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Re: Marston - TVL

Finally, a bit of good news! I had an email from HMCTS this morning saying that they have instructed Marston to refund the money and that Marston have agreed! :santa_cheesy:

VICTORY!

I'd still like to get to the bottom of the conviction and this has really highlighted to me just how corrupt these people are, so I will be perusing the complaint with HMCTS and my MP. They absolutely cannot keep getting away with this! How many people must just give in to their fraudulent claims and cough up vast sums of money? Its disgusting.

Thanks all, especially Bluebottle.

[wales01man]

Re: Marston - TVL

Looks like another outdated system not fit for purpose that needs reforming.

We need a 21st century system of debt collection for all debts

[CleverClogs]

Re: Marston - TVL

IAnd you do know the difference between a vitamin and a hormone, don't you?

One difference between a vitamin and a hormone is that one can never hear a vitamin.

[CleverClogs]

Re: Marston - TVL

I had an email from HMCTS this morning saying that they have instructed Marston to refund the money and that Marston have agreed!

How much money will be refunded and how quickly will that be done?

[bluebottle]

Re: Marston - TVL

How much money will be refunded and how quickly will that be done?

Marstons are able to make refunds by Electronic Funds Transfer directly into a debtor's bank account which, normally, takes 2-3 banking days.

[wales01man]

Re: Marston - TVL

My son does transfers into my account electronically in minutes why 2-days?

[bluebottle]

Re: Marston - TVL

Finally, a bit of good news! I had an email from HMCTS this morning saying that they have instructed Marston to refund the money and that Marston have agreed! :santa_cheesy:

VICTORY!

I'd still like to get to the bottom of the conviction and this has really highlighted to me just how corrupt these people are, so I will be perusing the complaint with HMCTS and my MP. They absolutely cannot keep getting away with this! How many people must just give in to their fraudulent claims and cough up vast sums of money? Its disgusting.

Thanks all, especially Bluebottle.

Regarding the alleged conviction, might I suggest you address any complaint to -

Correspondence, Complaints and Litigation Unit
Her Majesty's Courts & Tribunals Service
102 Petty France
LONDON
SW1H 9AJ

I would recommend you write the complaint in Times New Roman and number the paragraphs, e.g. -

FORMAL COMPLAINT IN RESPECT OF -

1. ENFORCEMENT ACTION FOR ALLEGED CONVICTION AND FAILURE OR REFUSAL ON PART OF HMCTS TO PROVIDE DETAILS OF SAME;
2. CONDUCT OF APPROVED ENFORCEMENT AGENT - MARSTON GROUP LIMITED

The circumstances are -

1. ..............................

2. ..............................

Write the complaint as a standalone document and enclose a covering letter.

If quoting an incident, I would recommend you commence the sentence or paragraph -

At [time] am/pm, on [date], at [location], ..........................

Hope this helps.

[bluebottle]

Re: Marston - TVL

My son does transfers into my account electronically in minutes why 2-days?

Depends on time and day of week when it is done. If done during office hours, I believe it is next banking day to be on the safe side. Also depends if it is same bank or different banks.

[CleverClogs]

Re: Marston - TVL

My son does transfers into my account electronically in minutes why 2-days?

It takes them that long to get the money out of Switzerland?

[handcut]

Re: Marston - TVL

Regarding the alleged conviction, might I suggest you address any complaint to -

Correspondence, Complaints and Litigation Unit
Her Majesty's Courts & Tribunals Service
102 Petty France
LONDON
SW1H 9AJ

I would recommend you write the complaint in Times New Roman and number the paragraphs, e.g. -

....

Hope this helps.

Thanks again, Bluebottle.

The refund came as a cheque and was for the full amount, including £2 for the card fees for both payments. Despite the incredible temptation to frame it, it has cleared.

[bluebottle]

Re: Marston - TVL

Thanks again, Bluebottle.

The refund came as a cheque and was for the full amount, including £2 for the card fees for both payments. Despite the incredible temptation to frame it, it has cleared.

How was the payment taken from you by Marstons? If it was cash or debit card, the mode of refund must be by the same method. Marstons do not have any say as to the mode of refund. It sounds as if a cheque was proffered in order to delay payment, which is potentially illegal.