Marstons confusion....!!

[rich_the_fitter]

Hi. First of all, my apologies if this is in the wrong thread. I'm a bit of a newbie to all this, but in need of some advice, or at least a point in the correct direction!!

Ok: I had a letter from Marstons informing me I've been fined from Bournemouth Magistrates' Court a couple of weeks ago & hadn't paid. (I've lived in Derby for 4 years & didn't know I'd been fined for anything.) Wrote to the court for clarification & have yet to receive a reply. In the meantime I've been working out of town. Last Thursday early morning, unbeknownst to me, a Marstons rep called at my house & informed my mother that he had come to remove my goods. This he has done. Now to be honest, I'm not too fussed about my xbox & bits, but he's taken my PC, laptop, & tools. All of which I use for work. They're full of invoices, tax returns, graphics & such. I called him & told him they were work tools, & he told me that he was only obliged to leave me £150 worth of tools. I've emailed Marstons for clarification, but have not as yet received a reply. This morning I received a text from the rep informing me that my goods are off to the auction house. Thus I'm trying to figure out if or how I can get them back. At least my work stuff.

I'm not trying to wriggle out of paying a fine, but do feel I should have been informed as to what it was for before all this happened.

Cheers & apologies for being a newbie with green gills!!

[ploddertom]

Re: Marstons confusion....!!

What paperwork have you been left? Have you contacted Bournemouth to find out what this is all about? Is it likely you have visited that area and been fined for something? If you have no knowledge of any of this the Court should allow you to file a Statutory Declaration.

[rich_the_fitter]

Re: Marstons confusion....!!

Hi. Cheers for the reply.

I'm still away from home, so unsure as to any paperwork left. I'm due to get back tomorrow.

Used to live in Poole, so a fine for something isn't out of the question, but I did leave circa 4 years ago, so there's surely been ample time to find me at my current address. It evidently didn't take Marstons too long!!

I wrote to the court after my first letter from Marstons about a fortnight ago, but, thus far, I'm not aware of any reply.

Excuse my ignorance (I'm in construction, not law!) but what is a statutory declaration?

Cheers.

[ploddertom]

Re: Marstons confusion....!!

If you have been fined and know nothing about it, then providing you contact the Court within 21 days of becoming awarethen you should be allowed to make a Statutory Declaration. This is an oath sworn that you have no knowledge of the proceedings - if found to be otherwise then you could be had for Perjury so it is not to be done lightly. If granted then it can revoke the original Hearing & whatever sentence was passed, however it may mean that it could laos be heard again.

It sounds as if time is of the essence and you should contact the Court ASAP.

[rich_the_fitter]

Re: Marstons confusion....!!

Ah, spectacular. Thank you. I'll get right on that. Any idea if that'd also allow me to get my stuff back?

Thanks ever so much for your help. I shall raise a glass to you. :-)

[ploddertom]

Re: Marstons confusion....!!

Ah, spectacular. Thank you. I'll get right on that. Any idea if that'd also allow me to get my stuff back?

Thanks ever so much for your help. I shall raise a glass to you. :-)

If you get through to the Court ask to speak to the Court Manager of Fines Officer. Tell them the first of you knowing anything about this is when the Bailiff has called and also advise he has removed items to sell at auction. As you are in a different area of the country you should be allowed to make the Stat Dec locally that can forwarded on.

The Court should inform the Bailiffs but in reality it is easier to do it yourself as well. You say they have removed a PC - were you given the opportunity to save or copy details from your hard drive, the tools they removed which you claim tools of the trade may I ask what they were. These should have been made available for collection by yourself once they realised what they were for. I assume you cannot carry out your normal employment without them.

[bizzybob]

Re: Marstons confusion....!!

If you get through to the Court ask to speak to the Court Manager of Fines Officer. Tell them the first of you knowing anything about this is when the Bailiff has called and also advise he has removed items to sell at auction. As you are in a different area of the country you should be allowed to make the Stat Dec locally that can forwarded on.

The Court should inform the Bailiffs but in reality it is easier to do it yourself as well. You say they have removed a PC - were you given the opportunity to save or copy details from your hard drive, the tools they removed which you claim tools of the trade may I ask what they were. These should have been made available for collection by yourself once they realised what they were for. I assume you cannot carry out your normal employment without them.

Looks like from initial post bailiff has said tough only allowed to retain £159 worth of tools so it is quite likely that the hard drive will have already been wiped, or will be unless Op gets that Stat Dec in pronto.

[rich_the_fitter]

Re: Marstons confusion....!!

You are quite correct. I can't really work without them & no, wasn't given the option to back anything up.

The tools in question are some really specialized stuff (Neon tester, flex skin puller etc..(I fit signs)) so it makes life awkward. That said, if a bailiff touches the neon tester, they'll be liable to a 10'000 volt electric shock!! But I digress....

Been in touch with the court who confirmed I can make a Stat Dec locally, so currently trying to call Derbyshire Magistrates to make an appointment to do so.

[Milo]

Re: Marstons confusion....!!

Delighted to hear that the court will allow you to make a Statutory Declaration. In most cases the court contact the enforcement company (in this case Marston Group) to advise them that a Statutory Declaration is to be processed and to advise the company to cease enforcement awaiting the outcome.

It is therefore VITAL that you speak with the court and advise them that a sale of your goods is immenent and that they need to contact Marston asap.

[rich_the_fitter]

Re: Marstons confusion....!!

Ok, had to jump through some hoops, but appointment made for Stat Dec on Monday at 0930. Called Bournemouth court back & they're attaching that info to case notes.

One presumes it's worth calling Marstons direct & informing them of the new developments so maybe they won't be selling my stuff?

[Milo]

Re: Marstons confusion....!!

I would suggest that you now sent a TEXT message to the bailiff who seized your computer and advise him that you had not been made aware of the court fine as you had moved address and accordingly, Bournemouth Magistrate Court have granted you permission to file a Statutory Declaration and that an appointment has been made for next Monday at 9.30

[bizzybob]

Re: Marstons confusion....!!

Great stuff, follow Milo's advice as the bailiff MUST return those goods. I would make sure that Marstons and HMCS know that without those items of specialised equipment they will end up having to attach to benefits as you will be out of work. Also inform thenm that as client details are on there you may hold the bailiff liable for any losses due to any "accidental" erasure of your data.

[ploddertom]

Re: Marstons confusion....!!

I've been busy for the rest of today but am very pleased things are moving for you. Please keep us up to date with progress.

[rich_the_fitter]

Re: Marstons confusion....!!

Ok, so to update:

Stat Dec arranged for Monday morning at 0930. Before I had a chance to follow Milos' advice & text the bailiff this information this morning, I received one from him stating that he'll be forwarding video footage to the court of a letter. The fact that I've been granted my Stat Dec due to my not knowing about the original hearing Oct 2011) seems to escape him. I presume it's a scare tactic to make me give my card details before Monday??

I'm as yet not further in getting my stuff back, but at least I know it won't be sold & following Bizzybob's fine suggesting, Marstons have been informed in writing (recorded delivery) & by email, that they'll be liable for any loss of client data because, as we all know, accidents do happen, don't they.

So that's this mornings' update. Oh, & I'd just like to thank you all for taking the time to help. Be it one word or many replies, it all helps & means a lot.

I'll update again in due course.

Cheers.

[Sir Vere Brayne d'Emmidge]

Re: Marstons confusion....!!

Hi. First of all, my apologies if this is in the wrong thread. I'm a bit of a newbie to all this, but in need of some advice, or at least a point in the correct direction!!

Ok: I had a letter from Marstons informing me I've been fined from Bournemouth Magistrates' Court a couple of weeks ago & hadn't paid. (I've lived in Derby for 4 years & didn't know I'd been fined for anything.) Wrote to the court for clarification & have yet to receive a reply. In the meantime I've been working out of town. Last Thursday early morning, unbeknownst to me, a Marstons rep called at my house & informed my mother that he had come to remove my goods. This he has done. Now to be honest, I'm not too fussed about my xbox & bits, but he's taken my PC, laptop, & tools. All of which I use for work. They're full of invoices, tax returns, graphics & such. I called him & told him they were work tools, & he told me that he was only obliged to leave me £150 worth of tools. I've emailed Marstons for clarification, but have not as yet received a reply. This morning I received a text from the rep informing me that my goods are off to the auction house. Thus I'm trying to figure out if or how I can get them back. At least my work stuff.

I'm not trying to wriggle out of paying a fine, but do feel I should have been informed as to what it was for before all this happened.

Cheers & apologies for being a newbie with green gills!!

What the goon from Marston did is totally out of order and he/she should lose the Certificate.

1. Before removing goods the defaulter should be given the opportunity to pay.
2. Goods seized should be left with the debtor for six days, to give them time to find the money, unless there is a real risk for the goods to sprout legs and go walkies
3. He divulged to your mother the reason for his visit, so he has flouted the DPA.
4. Any type of computer big, small, handheld cannot be removed unless the hard drive is wiped clean, with the owner's permission, at the time of removal.