Marstons Bailiffs

[wales01man]

Re: Marstons Bailiffs

Bluebottle will know?
Is there a criminal law that this bailiff is breaking by doing and threatning all this to the OP who is not the debtor, I presume the OP is female and the debtor is male thick and stupid some bailiffs may be but they can tell someones sex?

[bizzybob]

Re: Marstons Bailiffs

Bluebottle will know?
Is there a criminal law that this bailiff is breaking by doing and threatning all this to the OP who is not the debtor, I presume the OP is female and the debtor is male thick and stupid some bailiffs may be but they can tell someones sex?

McGovern is a known nasty b*gger, who will try most likely every intimidatory trick, it doesn't matter to him that the person at the address is NOT the debtor, all he wants are his fees, who pays them, he cares not a jot.

[spagbol]

Re: Marstons Bailiffs

thank you all for your help. I knew a lot of this didn't add up.

[bluebottle]

Re: Marstons Bailiffs

McGovern has a history of enforcing against persons who are not debtors or defendants and using intimidation as a means of achieving his objectives. Given his history, it is now time for Marstons to terminate his contract before he does something so serious, HMCTS are left with no choice but to terminate Marstons' contract with them which, for a company the size of Marstons, could be devastating. Yes, they may own Swifts and Rossendales, but can anyone see local authorities using them or their subsidiaries after they have had a major contract terminated for failing to adequately and properly supervise or control an employee with a history of behaviour such as McGovern's?

Turning to Wales' question of criminal liability, as long as a bailiff abides by the conditions attached to a Magistrates Court Distress Warrant to the letter, the law will protect them. However, it is when the bailiff decides not to abide by the conditions attached to the DW that things can turn sour for them. Demanding a third party pays a debt they are not liable for, including a court fine, and using threats in an attempt to coerce the third party into paying is a very serious matter indeed. The very least a bailiff would risk, in such circumstances, is signing on for JSA, at worst, a spell in one of H.M. Holiday Camps. As for threatening the OP with forced entry and locksmiths, my gut-feeling is that Mr McGovern needs to tread very carefully indeed if he doesn't want things to go pear-shaped.

Certainly, Bodmin Magistrates Court needs contacting first thing tomorrow morning. If they are unco-operative or appear clueless, then it will be a case of emailing the HMCTS Area Enforcement Team for the area the OP is in. This team is based in Plymouth.

[bizzybob]

Re: Marstons Bailiffs

Has McGovern ever been orderd to pay back wrongly extorted fees and fines from third parties in the past? Seems to me spagbol needs to pursue this first thing Monday, and if necessary swear that Stat dec at bodmin court, which would expose McGovern as the liar and bully he is if he calls at the address subsequently, spagbol should dial 999 and report him as an intruder, or bogus official. A letter to the DJ at McGovern's certifying court would not go amiss in this case, what do you reckon BB?

My feeling is Sharkstons will move McGovern elsewhere rather than sack him.

[bluebottle]

Re: Marstons Bailiffs

Has McGovern ever been orderd to pay back wrongly extorted fees and fines from third parties in the past? Not known.

Seems to me spagbol needs to pursue this first thing Monday, and if necessary swear that Stat Dec at Bodmin Court... Agreed.

...which would expose McGovern as the liar and bully he is... It would stop him attempting to seize the OP's goods.

If he calls at the address subsequently, spagbol should dial 999 and report him as an intruder, or bogus official. Devon & Cornwall Police know of McGovern's modus operandi and normally advise those being targetted by McGovern not to open the door to him and to let them deal with him. It is my understanding that if McGovern shows up in Plymouth, Devon & Cornwall Police call up the On-Call Kraken from Plymouth Sound and threaten McGovern with that.

A letter to the DJ at McGovern's certifying court would not go amiss in this case, what do you reckon BB. Agreed, BB. I am sure His Honour Judge Graham Cottle, a Circuit Judge, at Exeter Combined Court Centre would be delighted to hear about Mr McGovern's antics. HHJ Cottle is a good judge.

My feeling is Sharkstons will move McGovern elsewhere rather than sack him. The Outer Hebrides, maybe? Or how about The Mewstone?

@@@@

[bizzybob]

Re: Marstons Bailiffs

"It would stop him attempting to seize the OP's goods." exactly, surely even a greedy git like McGovern wouldn'y argue with a Stat Dec... then again...

My feeling is Sharkstons will move McGovern elsewhere rather than sack him. "The Outer Hebrides, maybe? Or how about The Mewstone?"

I was thinking more the middle of the Sahara.

[bluebottle]

Re: Marstons Bailiffs

"It would stop him attempting to seize the OP's goods." exactly, surely even a greedy git like McGovern wouldn'y argue with a Stat Dec... then again...

My feeling is Sharkstons will move McGovern elsewhere rather than sack him. "The Outer Hebrides, maybe? Or how about The Mewstone?"

I was thinking more the middle of the Sahara.

That's too easy, BB. If you put him on The Mewstone, he'd be barking within a week. Can you imagine him calling Plymouth Magistrates Court -

PM: Hello. Is that Plymouth Magistrates Court?
PMC: Yes.
PM: Oh good. It's Mr ******** from Marstons here. I need permission to force entry with a locksmith.
PMC: What's the defendant's name?
PM: A Seagull.
PMC: And the address?
PM: The Mewstone.
PMC: Is that the name of the property?
PM: No. It's where I am.
PMC: (whisphering): Call the police. There's a nutter on the line.
PM: What do you mean? I'm sound as a pound.
PMC: Really?
PM: Could you get the police to attend?
PMC: I'm sure we can arrange that (Mutters under breath) Then they can take you to the funny farm.
PM: What was that?
PMC: I said "They won't be long". (Mutters under breath) The sooner they get there, the better.

The above written with tongue planted firmly in cheek.