Marstons confusion....!!

[Monkey Drunk]

Re: Marstons confusion....!!

Bailiffs who don't follow the rules get found out soon enough. :tinysmile_twink_t2:

[rich_the_fitter]

Re: Marstons confusion....!!

Hey Monkey Drunk. I didn't know it wasn't spot on. We learn a lesson everyday I suppose.

How would you (From a bailiff's perspective) think I stand? As I've tried to make clear, not trying to wiggle out of paying my dues, but the taking of work tools....??

Cheers.

[rich_the_fitter]

Re: Marstons confusion....!!

Update:

Well, that's the Stat Dec done & signed my the local magistrate. I suppose it's a waiting game now.

[bizzybob]

Re: Marstons confusion....!!

Any sign of the computer and tools?

[rich_the_fitter]

Re: Marstons confusion....!!

Hey Bizzybob.

As yet no. But to his credit (After I explained my situation) the Magistrate asked for a list of tools I use for work (I had the Marstons checklist with me) & took a rather dim view that a bailiff should deny a person the ability to ply his trade & thus earn money to pay a fine!! I believe the court are suggesting to the bailiff that my (Protected, at least) goods should be returned forthwith.

Doubt I'll hear anything by this evening, but I'll keep everyone posted. :-)

Cheers.

[bizzybob]

Re: Marstons confusion....!!

Hey Bizzybob.

As yet no. But to his credit (After I explained my situation) the Magistrate asked for a list of tools I use for work (I had the Marstons checklist with me) & took a rather dim view that a bailiff should deny a person the ability to ply his trade & thus earn money to pay a fine!! I believe the court are suggesting to the bailiff that my (Protected, at least) goods should be returned forthwith.

Doubt I'll hear anything by this evening, but I'll keep everyone posted. :-)

Cheers.

If any of the specialist items are damaged and the computer hard drive wiped I would contact the court as the bailiff will be in very hot water indeed.

[rich_the_fitter]

Re: Marstons confusion....!!

I'll certainly be checking everything as soon as they return. Spoke to the bailiff today to verify the status of my PC, he told me that, as yet, nothing has been wiped, but the best way to guarantee it won't be is to pay today. (10 out of 10 for effort!).

Rather hoping that I won't be forced to take it further, but I'll stand my ground if my stuff doesn't show up rather soon.

Cheers. :-)

[ploddertom]

Re: Marstons confusion....!!

Did you suggest he contact the Court for clarification? If not I would text him giving him details.

[bizzybob]

Re: Marstons confusion....!!

Did you suggest he contact the Court for clarification? If not I would text him giving him details.

Also remind him that as the Stat Dec has been accepted he has no right in law to keep the goods, and will be personally liable for any loss of data, or damage.

[rich_the_fitter]

Re: Marstons confusion....!!

When you say accepted Bizzybob, do you mean accepted at my local court (Where I filled in the Stat Dec) or by Bournemouth court (Where the original case was heard & where today's stat dec is being sent to?) Sorry to sound ignorant, but just wanted clarification so if I call him tomorrow, I'll be 100% accurate.

Where would I be without you, plodderton et al. Seriously, I can't thank you enough for all your help & advice. If anyone ever wants electrical advice, I'm yourman. :-D

[bizzybob]

Re: Marstons confusion....!!

AFAIK, once accepted and bailiff informed they should withdraw and return or make available for collection any seized goods

[wales01man]

Re: Marstons confusion....!!

This got me thinking, If this Bully bailiff who is now stopped in their tracks loses out in this case and has to return the goods and collect little or no fees like the school bully do they move on to the next victim and make their life worse?
There can only be a few reasons why some Bailiffs break the rules Greed a sense of power like a bully amongst them.
Interesting how this one develops after the text threat from the Bailiff about Body cam evidence.

[Sir Vere Brayne d'Emmidge]

Re: Marstons confusion....!!

I'll certainly be checking everything as soon as they return. Spoke to the bailiff today to verify the status of my PC, he told me that, as yet, nothing has been wiped, but the best way to guarantee it won't be is to pay today. (10 out of 10 for effort!).

Rather hoping that I won't be forced to take it further, but I'll stand my ground if my stuff doesn't show up rather soon.

Cheers. :-)

To be 1,000% sure check with the Court if they have told Marston to put the Warrant on hold, sometime they forget this very important step.

Once Marston are told so then the "protected" items should be returned to you forthwith, any attempt to continue enforcing the Warrant, i.e. bailiff telling you on the phone that if you want to make sure that data is not cleared from the hard drive you have to pay, is illegal.

[bizzybob]

Re: Marstons confusion....!!

To be 1,000% sure check with the Court if they have told Marston to put the Warrant on hold, sometime they forget this very important step.

Once Marston are told so then the "protected" items should be returned to you forthwith, any attempt to continue enforcing the Warrant, i.e. bailiff telling you on the phone that if you want to make sure that data is not cleared from the hard drive you have to pay, is illegal.

Absolutely Sir Vere

so bailiff as quoted from Rich's post # 52 "Spoke to the bailiff today to verify the status of my PC, he told me that, as yet, nothing has been wiped, but the best way to guarantee it won't be is to pay today. "

is on extremely thin ice with that suggestion, as if Rich did pay, it would have to be refunded anyway. I would check to make sure Marstons and in particular their chancer bailiff are fully informed as to developments, and if any data wiped they must be in no doubt that they are liable.

[rich_the_fitter]

Re: Marstons confusion....!!

Ok. So just come off the phone to main admin at Bournemouth Magistrates' Court: They've not had anything updated to their system as yet, but promised to call back within 24hrs & let me know anything regarding Stat Dec processing time. They weren't pleased to hear that I've still not had my work stuff returned in spite of my informing the bailiff that specific items were protected. They suggested I call Marstons directly to clarify the situation.

Called Marstons: They were distinctly unhelpful, until I dropped into the conversation "...I've heard about a complaint procedure called a Form 4. Could you tell me that, if my being unable to work due to you keeping my tools, & informing me that you have every right to take them & leave me only a selection of small hand tools, would be a fair reason to look further into the submitting of one...?". Without further ado, I was transferred to someone further up their hierarchy who has also promised to be back to me with further information before midday tomorrow.

Cheers. :-)