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Marstons Bailiffs

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  • Marstons Bailiffs

    Hi,

    A friend of mine got pulled over middle of last year for no license, tax and insurance. He hasn't paid the fine and because he has been using my address as care of they have tracked him to my place. I came home on last Wednesday to find a letter through my door but as it wasn't addressed to me I didn't open it. My friend came round on the following Saturday and while he was here I got a phone call from The bailiff. I didn't know what the letter was so said I hadn't received a letter from him. he then called back again after 5 mins and in that time id spoken to my friend about it. I passed my friend the phone for him to answer as I knew it was the bailiff who was calling. The bailiff has said that if my friend didn't pay by the Sunday the removal people are coming round on the Monday and take my stuff. My friend told him that he doesn't live here and none of the stuff in the house is his. The bailiff told my friend that I have to prove that the things are mine with receipts. I buy all my stuff second hand so don't have receipts. I called the bailiff back to see if I could get anywhere with him and he was so rude and arrogant on the phone to me and refused to help me and said its not his problem and that he doesn't care. I then called what thought was Marstons customer services (which just turned out to be a call centre). they couldn't help in the slightest. I waited in on the Monday for them to turn up but by half 7 in the evening no one had come. I called the bailiff back and asked if he knew what was happening and he told me that they could turn up from 6am till 9pm Monday to Saturday. So I waited in for 5 days and still no removal people. I then called the bailiff on Friday and asked nicely for some help as I have a child and I didn't want them turning up and taking things with her there, he refused point blank saying its not his problem and he doesn't care. he also told me that it should be sorted this side of Christmas. I called the "customers service" department again and they told me that a tenancy agreement would be OK to show them as proof when they turn up. I had already asked the bailiff if this was OK as I have one that proves its just myself and my daughter who live here and he told me no its wasn't. they said they would ring him and call me back. when they called back they told me that the bailiff has said that my friend had told him that he was my boyfriend and that he lived at my address, which he didn't. he told them that because my friend answered the phone meant he lived there as well. The lady at customer services then became completely unhelpful, she wouldn't let me finish a sentence and would only answer any question with you need to speak to the bailiff. I eventually ended up speaking with the customer services manager and she said she would get the bailiffs boss to call me, but I have heard nothing from him.
    I have spoken to a neighbour and she said that she saw the bailiff sitting in his van on the Wednesday for 10/15 mins, he got out and walked up the path to my door and put the letter through my post box without knocking and walked away. There were no other visits from him as I haven't had an other notices through my door.

    Please help me I don't know what to do!

  • #2
    Re: Marstons Bailiffs

    Hi Spagbol and welcome to Legal Beagles.

    Firstly, if this bailiff wants to keep their certificate or have it renewed, they attempt to seize your goods at their own risk. Legally, they can only seize goods belonging to the defendant, that is, your friend. This will be a condition endorsed on the Distress Warrant held by the court that fined your friend. Your friend needs to sort this matter out as soon as possible.

    Aside from this, the bailiff has breached the Data Protection Act 1998 by discussing your friend's case with you. If I were you, I would ring the court and complain about this bailiff's behaviour. If they refuse to take responsibility, then it will be a case of escalating the matter to a higher level within HMCTS.

    As a matter of interest, where in England and Wales is this happening and do you have the surname of the bailiff by any chance?
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: Marstons Bailiffs

      Hi Spagbol and a warm welcome to LegalBeagles!

      I have taken the liberty of putting paragraphs into your post so that it's easier to read for those who will be along to help you. Keep calm - help will come!

      Originally posted by spagbol View Post
      Hi,

      A friend of mine got pulled over middle of last year for no license, tax and insurance.

      He hasn't paid the fine and because he has been using my address as care of they have tracked him to my place. I came home on last Wednesday to find a letter through my door but as it wasn't addressed to me I didn't open it.

      My friend came round on the following Saturday and while he was here I got a phone call from The bailiff. I didn't know what the letter was so said I hadn't received a letter from him. he then called back again after 5 mins and in that time id spoken to my friend about it. I passed my friend the phone for him to answer as I knew it was the bailiff who was calling. The bailiff has said that if my friend didn't pay by the Sunday the removal people are coming round on the Monday and take my stuff. My friend told him that he doesn't live here and none of the stuff in the house is his.

      The bailiff told my friend that I have to prove that the things are mine with receipts.

      I buy all my stuff second hand so don't have receipts. I called the bailiff back to see if I could get anywhere with him and he was so rude and arrogant on the phone to me and refused to help me and said its not his problem and that he doesn't care. I then called what thought was Marstons customer services (which just turned out to be a call centre). they couldn't help in the slightest. I waited in on the Monday for them to turn up but by half 7 in the evening no one had come. I called the bailiff back and asked if he knew what was happening and he told me that they could turn up from 6am till 9pm Monday to Saturday. So I waited in for 5 days and still no removal people.

      I then called the bailiff on Friday and asked nicely for some help as I have a child and I didn't want them turning up and taking things with her there, he refused point blank saying its not his problem and he doesn't care. he also told me that it should be sorted this side of Christmas.

      I called the "customers service" department again and they told me that a tenancy agreement would be OK to show them as proof when they turn up. I had already asked the bailiff if this was OK as I have one that proves its just myself and my daughter who live here and he told me no its wasn't. they said they would ring him and call me back.

      when they called back they told me that the bailiff has said that my friend had told him that he was my boyfriend and that he lived at my address, which he didn't. he told them that because my friend answered the phone meant he lived there as well. The lady at customer services then became completely unhelpful, she wouldn't let me finish a sentence and would only answer any question with you need to speak to the bailiff.

      I eventually ended up speaking with the customer services manager and she said she would get the bailiffs boss to call me, but I have heard nothing from him.

      I have spoken to a neighbour and she said that she saw the bailiff sitting in his van on the Wednesday for 10/15 mins, he got out and walked up the path to my door and put the letter through my post box without knocking and walked away. There were no other visits from him as I haven't had an other notices through my door.

      Please help me I don't know what to do!

      Comment


      • #4
        Re: Marstons Bailiffs

        Hi,

        Thanks for the speedy reply!

        I live in south Devon, a little place called Holsworthy and the surname is McGowen.

        My friend has tried talking to him and he says the same to him. If he doesn't pay then my stuff will be removed. and to anything else my friend says he just gets not my problem and he doesn't care

        spagbol

        Comment


        • #5
          Re: Marstons Bailiffs

          The bailiff has no right to take your goods and he knows it, if the unhelpful muppet turs up again film him even with a phone to capture his drivel that he can clear your house out for a third party debt for someone who doesn't live there, then complain to the court, as suggested by bluebottle. You could swear a Statutory declaration that costs around a tenner at a solicitors, or even at the court that fined your friend, when the bailiff turns up show him the Stat Dec. that should kill his pig for him, if he carries on insisting he can have your stuff he will be a complete twonk who will be claiming JSA shortly., oops no he will be regarded as having given up, a job, so will be sanctioned.

          Comment


          • #6
            Re: Marstons Bailiffs

            thank you Bizzybob. he's said that he wont even be here when the removal people come, it will just be the removal guys and a locksmith. he will only be there if they need him.

            i'm sure that he should've given more notice or am I wrong on that one? All that has been received by my friend is this letter and as I saID he didnt even knock!

            Comment


            • #7
              Re: Marstons Bailiffs

              Originally posted by spagbol View Post
              Hi,

              Thanks for the speedy reply!

              I live in south Devon, a little place called Holsworthy and the surname is McGowen.

              My friend has tried talking to him and he says the same to him. If he doesn't pay then my stuff will be removed. and to anything else my friend says he just gets not my problem and he doesn't care

              spagbol
              I know Holsworthy. Could you confirm the bailiff's surname is McGovern, please? If it's who I think it is, what you have described is his modus operandi. Which magistrates court imposed the fine on your friend, please?
              Life is a journey on which we all travel, sometimes together, but never alone.

              Comment


              • #8
                Re: Marstons Bailiffs

                it was bodmin courts, and yeah it could be McGovern, looks like McGowen because of the way he writes!

                Comment


                • #9
                  Re: Marstons Bailiffs

                  yes definitely McGovern now i look at it properly

                  Comment


                  • #10
                    Re: Marstons Bailiffs

                    We know about Mr McGovern and so does Devon & Cornwall Police. I have just run a check with the online Certificated Bailiff Register and he is not showing as currently registered. I do know he allowed his certificate to lapse and was due to attend a hearing to renew it in September. You will need to ring Exeter County Court on Monday morning. Their telephone number is 01392 415300. You need to speak to the County Court office and check whether he is currently certificated. It may also be worth ringing 101 and speaking to Devon & Cornwall Police about Mr McGovern's threats. It is likely they will tell you not to open the door to him and to call them.

                    However, this does need chasing up with Bodmin Magistrates Court, first thing on Monday morning. Any more bullying from Mr McGovern and this may need to be referred to a higher level within HMCTS.
                    Life is a journey on which we all travel, sometimes together, but never alone.

                    Comment


                    • #11
                      Re: Marstons Bailiffs

                      O wow, thank you so much for your help! I really appreciate it. will let you know how. thank you again!

                      Comment


                      • #12
                        Re: Marstons Bailiffs

                        Do as Bluebottle suggests, McGovern is well known as a bully, liar and cheat, as to the locksmith and removal men, he is talking from his anus.

                        Comment


                        • #13
                          Re: Marstons Bailiffs

                          thank you, thank you, thank you, that really has taken a load of my mind. you have both been so helpful. I will get on the case first thing monday morning!

                          Comment


                          • #14
                            Re: Marstons Bailiffs

                            Originally posted by spagbol View Post
                            thank you Bizzybob. he's said that he wont even be here when the removal people come, it will just be the removal guys and a locksmith. he will only be there if they need him.

                            i'm sure that he should've given more notice or am I wrong on that one? All that has been received by my friend is this letter and as I saID he didnt even knock!
                            Mr McGonad, or whatever his name is, is not only a bully but very very stupid indeed. Breach of confidentiality, and saying that there is no need for him to be there, that's nonsense.

                            The bailiff must be present at all enforcement actions, if permission from the Court was granted to use a locksmith the bailiff must call at the property, advise the defaulter that permission for forceful entry has been granted and give the defaulter the opportunity to avoid the extra cost of the locksmith.

                            If the defaulter does not comply the he can call a locksmith and advise the local Constabulary of his intentions and, if needed, ask for Police presence to make sure that a breach of the Queen's Peace does not happen.

                            Then when access to the property is gained, he must perform a walking possession and eventually remove the goods 6 days later!

                            ​If this guy was on my team he would be sporting the imprint of a size 12 on a least one of his buttocks!
                            The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                            A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                            A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



                            It's a dirty job, but someone got to do it!

                            My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

                            Comment


                            • #15
                              Re: Marstons Bailiffs

                              Problem for McGovern is that the address is merely an accommodation as in maildrop address for the debtor, so once court is informed and proof given, then the court should call McGovern off, sadly McGovern who MO is known to LB is as bone headed as another Marstons muppet the Facebork queen Melanie Boswell, and will continue enforcement regardless. The danger is that it has been hinted in previous threads where he has cropped up that this bailiff will go in hard to get the OP to pay the third party debt with maximum prejudice. In this case a Stat Dec may well be a good option and McGovern filmed as he is presented with it.

                              Comment

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