Some Advice Please (Marstons)

[CleverClogs]

Re: Some Advice Please (Marstons)

Unless they cross Anjem Chodary or another mad mullah and he places a Fatwah on Marstons as being anti Sharia and unislamic, and they hold a mass protest outside Marston's HQ.

Might this unite Christians and Mohammedans in the same jihad?

[bizzybob]

Re: Some Advice Please (Marstons)

Might this unite Christians and Mohammedans in the same jihad?

I quite possibly would, and would be a good thing imho, to unite the disparate aggrieved persons.

[bluebottle]

Re: Some Advice Please (Marstons)

I quite possibly would, and would be a good thing imho, to unite the disparate aggrieved persons.

What you say makes a lot of sense, BB. It would, in all probability, unite people from all walks of life, backgrounds, social classes and faiths.

[bizzybob]

Re: Some Advice Please (Marstons)

What you say makes a lot of sense, BB. It would, in all probability, unite people from all walks of life, backgrounds, social classes and faiths.

Bailiffs and HCEO would likely come under USURY as far as the Bible and Q'ran are concerned

[bluebottle]

Re: Some Advice Please (Marstons)

Bailiffs and HCEO would likely come under USURY as far as the Bible and Q'ran are concerned

They are infidels! :grin:

[Docherty89]

Re: Some Advice Please (Marstons)

Hello again, just an update.

I spoke with a very nice woman on the phone she read through what has happened to my case. She said that the case has been passed to a debt company 3 times 2 times before this i wasnt even aware about no letters from either debt company or the court. She said the debt would be passed back to them she reiterated it "Will" come back and i should ring them then. Until then i still have marstons to deal with. What should i say to the baliff when he comes round?

My partner said she thought he broke the data protection act she said and i quote "Is this about his fines" He replied "yes it is, at the minute he owes £748" and then continued to talk to her about it.

[bluebottle]

Re: Some Advice Please (Marstons)

After re-reading your original post I noticed the above.

Unless the bailiff had written permission from you to divulge any information to your partner he has Broken the Data Protection Act in a BIG way.

Worth writing a letter of complaint to Marston about it, and copy the Court as well as, and without fear of repeating myself, all corerespondence should be sent Recorded Delivery.

The muppet visiting your property and spouting non existing threats should lose his Certificate.

The National Standards for Enforcement agents, to which Marston undersigns, are very clear:



Enforcement agents must act within the law at all times, including all defined legislation and observe all health and safety requirements in carrying out enforcement. They must maintain strict client confidentiality and comply with Data Protection legislation and, where appropriate the Freedom of Information Act.


Enforcement agents must not be deceitful by misrepresenting their powers, qualifications, capacities, experience or abilities, including, but not restricted to;


Falsely implying or stating that action can or will, be taken when legally it cannot be taken


Falsely implying or stating that a particular course of action will ensue before it is possible to know whether such action would be permissible


Falsely implying or stating that action has been taken when it has not

Enforcement agents should, so far as it is practical, avoid disclosing the purpose of their visit to anyone other than the debtor. Where the debtor is not seen, the relevant documents must be left at the address in a sealed envelope addressed to the debtor.

Notwithstanding that the Information Commissioner can slap data protection transgressors with a fine of up to £500,000. Ouch!

[CleverClogs]

Re: Some Advice Please (Marstons)

Notwithstanding that the Information Commissioner can slap data protection transgressors with a fine of up to £500,000. Ouch!

And how likely would that be?

I'd say it's only marginally more likely than Patrick Bingham (the Earl of Lucan) winning the Grand National by riding Shergar.

[bluebottle]

Re: Some Advice Please (Marstons)

And how likely would that be?

I'd say it's only marginally more likely than Patrick Bingham (the Earl of Lucan) winning the Grand National by riding Shergar.

As yet, Cloggy, no-one has been fined the maximum £500,000. However, from conversations I have had with ICO Helpline staff, it would appear the ICO would have no qualms about fining any civil enforcement company or bailiff who breached data protection.

The criteria ICO uses to determine the level of fine includes -

a. The transgressor's ability to pay the fine;
b. The gravity of the breach(es);
c. Any harm suffered by those affected by the breach(es);
d. Any mitigating action taken by the transgressor to redress or reduce harm caused to those affected by the breach(es);
e. Any action taken by the transgressor to prevent recurrence;
f. Co-operation with the ICO;
g. Speed with which the breach(es) are reported to the ICO.

Hope this provides some clarity.

[Docherty89]

Re: Some Advice Please (Marstons)

Hi All,

Just a further update. Yesterday I had a response from them regarding my complaint of a breach of the data protection act. In their response the say ' The allegations made against our Agent are refuted entirely' They go on to say that notes logged on their system state that NO contact was made at the door and a letter was posted through the letter box. In a nut shell they are trying to say my girlfriend is making up stories! This I know to be untrue not only because I know my girlfriend and that she would not lie but also her friend was helping her with the children that morning getting the children breakfast in our kitchen and she heard every single word he said. After speaking to him and him returning to his van he then sat outside for a number of minutes and posted a letter through the door.

Please can someone advise me further as where I can go from here. I am more than angry act the fact that he is basically calling my girlfriend a liar and the fact that bailiffs appear to not follow any guidelines they are suppose to adhere to.

Any help would be greatly received.

Thank you

[Sir Vere Brayne d'Emmidge]

Re: Some Advice Please (Marstons)

All Marston Enforcement Agents are issued with bodycams and their brief is:

1. As soon as one parks up near the warrant address the camera goes on, put the paperwork in front of the camera, read the information on it, get out of the van, knock on the door.
2. If one meets with the debtor advise them that the meeting is going to be videorecorded.
3. Do not switch the bodycam off until you have returned to your van and started moving away.

You can ask Marston, in writing (first class recorded delivery) to provide you with a copy of the footage taken when their goon visited your property and made contact with your partner.

You must quote section 28 of the DPA, and feel free to tell them that you are going to use the footage to prove that their agent broke the DPA by disclosing more than he had to when your partner asked if the visit was about your fines.

Marston will try to wriggle out of it by stating that your partner was aware of the situation, but their numpty disclosed how much you owed, and God knows whatever else spouted from his big gob, in hearing distance of a third party.

[bluebottle]

Re: Some Advice Please (Marstons)

Absolutely no excuse. The maximum penalty for breaching the DPA is £500,000 by way of Civil Monetary Penalty inflicted by the Information Commissioner's Office (ICO). The highest CMP to date is £480,000 inflicted upon a local authority. It would be interesting to see the directors of Marston Group explain a fine of that magnitude to their shareholders.

[wales01man]

Re: Some Advice Please (Marstons)

Bluebottle Nice thought Marstons getting a 500k fine first they have to be caught ? then action taken problem they don't get caught and the ICO don't really care as for Body cams we could compile a list of reasons no footage is available when the Bailiff is at fault

!,It wasn't switched on!
NEXT?

[bluebottle]

Re: Some Advice Please (Marstons)

Bluebottle Nice thought Marstons getting a 500k fine first they have to be caught ? then action taken problem they don't get caught and the ICO don't really care as for Body cams we could compile a list of reasons no footage is available when the Bailiff is at fault

!,It wasn't switched on!
NEXT?

Wales, please let me assure that the ICO takes breaches of the DPA very seriously, especially where personal data is concerned. The list of adjudications and CMPs the ICO has dished out is not exactly short. Since having the muzzle taken off and being let off the leash, the ICO has used their powers to impose CMPs upon companies, government agencies and departments and local authorities. £500,000 is the MAXIMUM fine the ICO can inflict.

HMCTS have full knowledge of the bodycams worn by EAs employed by certain civil enforcement companies under contract to HMCTS and so can require the likes of Marstons to provide footage when an alleged fine defaulter complains about an EA's conduct or actions whilst enforcing an alleged unpaid court fine. If the civil enforcement company is unable to provide such footage to substantiate the EA's claims of following the rules, how else can the EA prove their claims? And if the alleged fine defaulter has video footage clearly showing the EA being a tit, what else can HMCTS do? The bodycams are allegedly for the benefit of EAs and alleged fine defaulters, but, as you quite rightly point out, there is nothing to prevent a corrupt EA not switching on the bodycam or deleting footage that is compromising to the EA.

[bizzybob]

Re: Some Advice Please (Marstons)

They will lose the footage accidentally on purpose, if it shows them in a bad light. Their problem is where a property has CCTV and it records the visit.