Wrongly pursued for an unpaid magistrates fine

[wales01man]

Re: Wrongly pursued for an unpaid magistrates fine

just wondered?

Might be an idea to pursue the complaint with HMCTS

[lawman1234]

Re: Wrongly pursued for an unpaid magistrates fine

Hi wales01man,

Marstons don't have my address. They sent their bailiff to the address on the warrant which the defendant's. The defendant lives in the flat above me. I live in the ground flat. My flat has a seperate entrance to it. All the other flats at the address have a main entrance which leads to a communual area which takes them to the flats above me. All Marstons have is my email address and my name which I gave to them when communicating with them by email.

Hope this answers your question.:santa2:

[lawman1234]

Re: Wrongly pursued for an unpaid magistrates fine

Hi wales01man,

I am doing that bluebottle gave me this advice too.

Thanks for your input it is much appreciated.:santa2:

[bluebottle]

Re: Wrongly pursued for an unpaid magistrates fine

If I may offer some words of advice.

When putting together a complaint of this nature, you need to leave emotion out of it completely and stick to cold, hard facts. This may be difficult, given what has happened, but it has to be done. You need to put the facts across to HMCTS in a way that will appear to be very cold and clinical. Unfortunately, that is how it needs to be done. HMCTS will only be interested in facts.

If the episode has affected you psychologically, you need to tell them this, e.g. -

"The actions of your Approved Enforcement Agent have left me feeling anxious and apprehensive. I am normally self-confident and self-assured."

not

"The knuckle-dragging baboons you employ have left me a nervous wreck."

I worked in law enforcement for a time and you learn to detach yourself from emotion when relating the facts of an incident to someone.

Hope this helps.

[Inca]

Re: Wrongly pursued for an unpaid magistrates fine

Personally I would take this as far as you can.
No explanation would suffice,,the bailiff and his company had all the chances to put a stop to this but,,as usual,,they refused to listen to reason and that alone is bad enough to pursue actions against them.
I'm all for ID cards.......but hell would freeze over before I showed mine to a bailiff who was wrongly chasing me...why make his/her job easy? They need to PROVE who I am not vice versa and no amount of bullying by them would make me budge.
They are a bunch of lying bullying scrotes...and the quicker they are all bought to book the better.
I don't believe in debt avoidance either,,my view is,,you spent it,you pay it back.
One day (probably not in my lifetime) someone in Govt with some balls and at least one working brain cell will find a better way of debt recovery and put a stop to neanderthals being allowed to terrify folks.

[CleverClogs]

Re: Wrongly pursued for an unpaid magistrates fine

One day (probably not in my lifetime) someone in Govt with some balls and at least one working brain cell will find a better way of debt recovery and put a stop to neanderthals being allowed to terrify folks.

It is remarkably simple to do, as nearly everyone has some sort of bank account these days.

The obvious step to take is to replace distress of goods with a third party debt order. Alternatively, if the anemocracy thinks that distress of goods is a success, perhaps they should license burglars in the same way?

[bluebottle]

Re: Wrongly pursued for an unpaid magistrates fine

Personally I would take this as far as you can.
No explanation would suffice,,the bailiff and his company had all the chances to put a stop to this but,,as usual,,they refused to listen to reason and that alone is bad enough to pursue actions against them.
I'm all for ID cards.......but hell would freeze over before I showed mine to a bailiff who was wrongly chasing me...why make his/her job easy? They need to PROVE who I am not vice versa and no amount of bullying by them would make me budge.
They are a bunch of lying bullying scrotes...and the quicker they are all bought to book the better.
I don't believe in debt avoidance either,,my view is,,you spent it,you pay it back.
One day (probably not in my lifetime) someone in Govt with some balls and at least one working brain cell will find a better way of debt recovery and put a stop to neanderthals being allowed to terrify folks.

You said that with such relish and conviction, Inca. :santa2:

Seriously, what you have said holds a lot of truth. Far too many in the civil enforcement industry behave like neanderthals and the industry, itself, appears to be in a perpetual state of denial, claiming incidents of violence, fraud and corruption are isolated and down to rogue individuals when, in fact, it appears to be more commonplace and widespread than the public are being lead to believe. I have a feeling 2014 is going to be the year some very unpleasant facts come to light about government and the private sector and, when that happens, I have a feeling the courts are going to be busy hearing Judicial Reviews and human rights cases. I doubt there will be civil unrest of the noisy protest marches and violence and rioting variety. People are a lot more intelligent and shrewder than that. They are more likely to turn to the law and use that against the politicians, as many have done in the past. Add to this an increasing number of judges putting their heads above the parapet and speaking out about their concerns and a Lord Chancellor who thinks they can browbeat barristers into submission and you can see the politicians and their corporate cronies are going to be in a sticky situation.

Okay. Soapbox put away. Happy New Year, Inca.

[bizzybob]

Re: Wrongly pursued for an unpaid magistrates fine

It is remarkably simple to do, as nearly everyone has some sort of bank account these days.

The obvious step to take is to replace distress of goods with a third party debt order. Alternatively, if the anemocracy thinks that distress of goods is a success, perhaps they should license burglars in the same way?

They all ready did, it is called HMRC. but anemocracy is a great word to describe the whole lot of the Brussminster Parasites. Wonder how they would like it if it was THEIR car JBW were after, with the odious ANPR or Marstons called on them in their Westminster office regarding that DVLA fine for forgetting to SORN the classic Bentley in the garage back home.

[lawman1234]

Re: Wrongly pursued for an unpaid magistrates fine

Hi to Bluebottle,Inca and clevercloggs,

First I would like to wish you all a very HAPPY & PROSPEROUS NEW YEAR!

Thank you for your replies. Bluebottle, thank you for your advice. It has been noted.

[bluebottle]

Re: Wrongly pursued for an unpaid magistrates fine

Hi to Bluebottle,Inca and clevercloggs,

First I would like to wish you all a very HAPPY & PROSPEROUS NEW YEAR!

Thank you for your replies. Bluebottle, thank you for your advice. It has been noted.

Once you have completed the complaint, feel free to post it up and I will be happy to give it the once over before it goes off to HMCTS.

[Inca]

Re: Wrongly pursued for an unpaid magistrates fine

And an extremely Happy Prosperous and Bailiff free New Year to you all too.:bedjump:

Oooh the very thought of bailiffs terrifying the good,decent people in this country who just need a break winds me right up.
They should go after the 'can pay..won't pay' brigade instead of hounding and harrassing the elderly,vulnerable,sick and gullible folks.
When I come back as God..there will be a few changes in my world.. msl:

[lawman1234]

Re: Wrongly pursued for an unpaid magistrates fine

Thanks Bluebottle.

Should I include any supporting enclosures with my complaint when sending it off, such as all my emails to, and replies from, marstons? Or should I just submit a complaint without them?

[bluebottle]

Re: Wrongly pursued for an unpaid magistrates fine

And an extremely Happy Prosperous and Bailiff free New Year to you all too.:bedjump:

Oooh the very thought of bailiffs terrifying the good,decent people in this country who just need a break winds me right up.
They should go after the 'can pay..won't pay' brigade instead of hounding and harrassing the elderly,vulnerable,sick and gullible folks.
When I come back as God..there will be a few changes in my world.. msl:

I can just picture you now, standing on Cloud Nine, hurling thunderbolts at certain bailiffs and headquarters buildings of certain bailiff companies, Inca. I'll make sure I'm standing well clear when you hurl them, because I, certainly, don't fancy third degree burns to the bum from a thunderbolt! :santa2:

[bluebottle]

Re: Wrongly pursued for an unpaid magistrates fine

Thanks Bluebottle.

Should I include any supporting enclosures with my complaint when sending it off, such as all my emails to, and replies from, marstons? Or should I just submit a complaint without them?

Send all supporting evidence with the complaint, making reference to them in the text of the complaint thus -

[LM/1... LM/2]

and so on. The letters I have shown above are an example, but you should use your actual initials. You should also attach a Schedule of Evidence. This, in layman's terms, is a list of documents, etc., you are presenting as evidence -

SCHEDULE OF EVIDENCE

Exhibit Number Description of Exhibit

LM/1 Print-out of email from Marston Group Limited, dated *********

LM/2 CD-Rom with Recording of Telelphone Conversation with Marston Group dated *****

and so on. If you are using a CD-Rom and have telephone conversations on it, you should compile a separate list of them. This will make it easier for whoever at HMCTS has to deal with your complaint to refer and follow them.

By taking the time and trouble to present your complaint and evidence in a form HMCTS will recognise and be familiar with, it gives them the impression you are taking the matter seriously and, consequently, they are more likely to take the matter seriously, albeit that HMCTS take complaints of misconduct by Approved Enforcement Agents against members of the public - defendants and third parties - seriously in any case.

Hope this helps.

P.S. Make sure the Exhibit Number and Descriptions of Exhibit are properly imposed as I could not get them to impose properly, as you will see.

[lawman1234]

Re: Wrongly pursued for an unpaid magistrates fine

Thank you very much for advice, bluebottle. Your advice is very helpful. I don't have any CD-Roms with telephone conversations as I never made any calls to them. The means of communication with them was by email. And there is quite a lot of emails I sent and received, do I need to send all or only the relevant ones?

Sorry to be a pain