New member in need of bailiff advice (Marstons)

[Mikey4]

Hi
hoping someone can help

I will try and keep it as short as possible.
I received 3 pcn's in the space of 11 days back in August of this year whilst working in Maidstone
Cut a long story short,after not paying them due to a failed representation and then putting them in the the pile of papers to get forgotten about.
so on the 28th October I receive 3 letters warrant of execution,stating I owe £125.44 for each pcn equaling to £376.32
Again my own fault,these are put on the back burner.
So today whilst out shopping with my partner,I get a phone call from my neighbor saying that Marston bailiffs are about to drag my work van off my drive on to a low loader!
heading straight home to find in loaded onto the truck!
the bailiff was now demanding the sum of £890.52 in full or else they would take my van to be auctioned off.

Now I was always under the impression that they can not take a vehicle which is used for your work,which my van is solely used for.
he wanted to see my insurance document and went on to say,because I am not insured for business use only they can take it. Where as I am insured for business use and domestic and pleasure use.

i felt very pressured to pay this amount as I need the van for work and not having it would have dire implication on my family. So had to borrow the amount from my mothers friend!!
He did not show me any paperwork regarding the matter.
also I thought bailiffs needed to give you a notice of seizure before they can take your vehicle?

The question is
-should the bailiffs have taken my van as it's a work vehicle?
-should they have produced a notice of seizure and produced the relevant paperwork?
-can they be liable for any damage to my van from dragging it off my drive?

they seem to have charged me a lot for just putting it on the truck and then taking it off again,is this legal?

will stop rambling on now
really appreciate any replies as all this is like a mine field for me and just don't want to be taken for a mug.
Cheers
Alan

[bluebottle]

Re: New member in need of bailiff advice (Marstons)

Hi and welcome to Legal Beagles.

A few questions -

1. Is the van signwritten?
2. Have you been given a document called a Form 7 - Notice of Seizure?
3. Have you been given a breakdown of fees charged?
4. Who is the creditor?
5. Did you know that bailiffs lie?

[Mikey4]

Re: New member in need of bailiff advice (Marstons)

Hi
thanks for the reply
the van is not sign written due to me working for different shops.
was never given the notice of seizure form F7.
No breakdown of fees was given.
the fine was from Maidstone borough council.
I was a bit gullible to be honest,just hate the way they try and put you in a corner and with not knowing my rights,you feel like there's no other way.

[ploddertom]

Re: New member in need of bailiff advice (Marstons)

How many people are insured to drive the van?
Could whatever is in the van be carried in another vehicle?

[Mikey4]

Re: New member in need of bailiff advice (Marstons)

How many people are insured to drive the van?
Could whatever is in the van be carried in another vehicle?

Hi
I am the only person insured on my van.
I'm a Floorlayer/carpet fitter so need a larger van for my tools and goods.

[Mikey4]

Re: New member in need of bailiff advice (Marstons)

Do bailiff's have to give you the form 7 or form 9?

[Fair-Parking]

Re: New member in need of bailiff advice (Marstons)

There are a number of issues here, but two stand out above all else.

First such an enforcement was only possible due to ANPR and that means there was no warrant. That makes the enforcement unlawful.

Secondly the question of insurance. Nothing to do with the bailiff who is highly unlikely to have had any training in such matters. That being so, he just as likely to be in complete ignorance of what type of motor policy the OP had. Most small vans used for trade are covered by a commercial vehicle policy.

This short title speaks for itself.

[bizzybob]

Re: New member in need of bailiff advice (Marstons)

@ FP if the vehicle is a Transit (not connect) or bigger, then you will not get "Private" insurance all policies will be "Commercial" whatever the usage, I use a Transit sized van for work and as my private conveyance, I have high mileage at unsocial hours so could not use public transport nor cycle the 180 miles at 3am, as I frequently need to do.I have to have Commercial policy, but by the bailiffs reckoning such a vehicle would be fair game.

It is about time seizure of any vehicle essential for a person to work should be automatically exempt from being taken. As it stands, the private use is the tool by which the bailiff gains his levy, but as such milege would be usually far less than work travel, it should be ignored by law and not used to justify an otherwise dodgy seizure. Come on MOJ implement this.

OP should fight this as it does look like an unlawful seizure.

[Fair-Parking]

Re: New member in need of bailiff advice (Marstons)

Bizzybob - You are quite correct BUT bailiffs are not interested in either law or logic. They have the vehicle and they are going to keep it. The person who has lost it is merely on the outside looking in and the bailiff will laughingly taunt him to take action.

The saying that possession is 90% of the law was never more appropriate. ALL commercial vans will be used privately at some time. Shopping on the way home, buying a paper or a sandwich, taking kids to school. Who hasn't? but that doesn't make them fair game for bailiffs. You cannot stop them acting illegally and the real problem is the fact that there was no warrant. Without that it really doesn't matter what the bailiff says or imagines about insurance

If the OP wants help in getting back his money, then he is welcome to contact me

[Mikey4]

Re: New member in need of bailiff advice (Marstons)

Bizzybob - You are quite correct BUT bailiffs are not interested in either law or logic. They have the vehicle and they are going to keep it. The person who has lost it is merely on the outside looking in and the bailiff will laughingly taunt him to take action.

The saying that possession is 90% of the law was never more appropriate. ALL commercial vans will be used privately at some time. Shopping on the way home, buying a paper or a sandwich, taking kids to school. Who hasn't? but that doesn't make them fair game for bailiffs. You cannot stop them acting illegally and the real problem is the fact that there was no warrant. Without that it really doesn't matter what the bailiff says or imagines about insurance

If the OP wants help in getting back his money, then he is welcome to contact me

Hi
Thankyou very much for all your replies,it really is appreciated.
the more I think about what happened the more it makes me angry. Like the bailiff stating the van no longer belongs to me,it now belongs to Maidstone council!!!
and him calling me a liar saying there was two people insured on my van? Which there clearly was not.
I defiantly want to take this further! Can't believe how they can get away with such disregard for peoples livelihood and there family.

What at would be the next step to take with this?
thanks again
alan

[Fair-Parking]

Re: New member in need of bailiff advice (Marstons)

Alan - With the permission of the moderators, you are welcome to visit my website.

www.fair-parking.co.uk

If you still need help after let me know.

Just to let you that your van was never the property of Maidstone BC or anybody else except yourself.

[Mikey4]

Re: New member in need of bailiff advice (Marstons)

Also just to say,I think they have damaged my van due to it getting dragged off my drive with the handbrake on and in gear!!!
Would I be able to claim the repair costs back?

[bluebottle]

Re: New member in need of bailiff advice (Marstons)

Also just to say,I think they have damaged my van due to it getting dragged off my drive with the handbrake on and in gear!!!
Would I be able to claim the repair costs back?

If the bailiff had no right in law to seize your van, then, I see no reason why you should not claim the cost of making good any damage caused. What you need to bear in mind is that if the damage is such it results in the vehicle being deemed unroadworthy or BER (Beyond Economical Repair), then you could be talking the cost of hiring a van whilst your van is in the garage being repaired or the cost of a replacement vehicle. Get your van surveyed by a competent independent engineer. If you are an AA or RAC member, you may be able to get them to inspect for damage and prepare a report. Then claim from Marstons.

[CleverClogs]

Re: New member in need of bailiff advice (Marstons)

If the bailiff had no right in law to seize your van, then, I see no reason why you should not claim the cost of making good any damage caused. What you need to bear in mind is that if the damage is such it results in the vehicle being deemed unroadworthy or BER (Beyond Economical Repair), then you could be talking the cost of hiring a van whilst your van is in the garage being repaired or the cost of a replacement vehicle. Get your van surveyed by a competent independent engineer. If you are an AA or RAC member, you may be able to get them to inspect for damage and prepare a report. Then claim from Marstons.

Even if the bugger did have any right in law to seize the van, he did not have any right to damage the van, the driveway, any gates or any other thing in the process.

If the only damage sustained was that the tyres were abraded against the driveway, then the tyres may need to be replaced and the driveway may need to be expertly cleaned. The OP's goods and property should have been left in the same condition as if the bailiff had never appeared and the cost of any claim should be the minimum required to return the goods and property to that state or condition.

I would argue against claiming from Marstons, as the responsibility surely lies with the council who instructed Marstons.

[Sir Vere Brayne d'Emmidge]

Re: New member in need of bailiff advice (Marstons)

Do bailiff's have to give you the form 7 or form 9?

Most definetely, since there is a VAT element to the costs and fees that if you are VAT registered you can claim back.