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Marstons Seized goods belonging to a different ltd company - please advise

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  • Marstons Seized goods belonging to a different ltd company - please advise

    Hi all,
    first post-and this can be a little complicated but here goes;

    2009 a company starts from a leased unit fine for 2 or so years (ABC UK ltd) selling sweets, runs into trouble and a incurrs a few fines, court costs and otherwise, directors resign, bank account is closed -at the banks request and has no assets, no vehicles, no stock, no directors and is genuinely not trading at all. The company is still showing on companies house but as of today there is an application to strike off.

    said company hasn't traded for well over a year, is not registered to the unit address and has no links there at all.

    here's the complicated bit;

    18 months ago i started another company trading from the same unit address (the units council tax, insurance and lease in in the new name (ABC REMOVALS LTD)) we have done really well - sweets was not our game clearly! however, and i believe due to the company being gazzetted for strike off, Marstons have come knocking about the debts that were incurred on the previous company, we have 7 vehicles all emblazened with ABC REMOVALS, STORAGE, SUPPLIES, nothing sweet related and clearly a removal company, they clamped a trailer - equally logo'd up, they have provided paperwork for the fines in the name of (ABC) no ltd on the end, and not even ABC UK (which is the company that had the debts) and certainly not ABC REMOVALS LTD.
    I informed them that the trailer was purchased from an ebay account by the removal company, showed them a receipt and informed them that we are using it for storage of a customers items as there is no room in our unit, the trailer in question was clamped by us - and Marstons (two wheels)
    worth noting that they did not clamp any of the other vehicles at all, they claim that because it says ABC REMOVALS-STORAGE-SUPPLIES on the side that this is similar to the ABC that is on the paperwork, now i have no problem with them seizing assets that belong to the original entirely unrelated sweet company but it has none, and hasnt for well over a year, i have resigned years ago as a director and was going to let companies house wind it up automatically. the removal company has no debts whatsoever, is clearly unrelated in any way to the sweet company the only connection is the name.

    They were getting very aggressive on the phone and hung up on me on a number of occasions, today, i find the trailer gone (complete with the customers items inside!!!!), and our wheel clamp drilled out and abandoned by our front door!

    i really do fail to see how they can do this, the trailer belongs to the removal company and the paperwork issued just relates to ABC, no 'limited' no 'uk' (original company) and not 'removals ltd' i have never run as a sole trader only a ltd company, the original and now directorless ABC UK LTD and the LTD removal company.
    How can they seize an asset that belongs to - and was proved with a receipt - an entirely different company.
    What is the next step please, any help gratefully received - and thats even before we start talking about the customers belongings that are in the trailer!

    please help

    thanks

    Mike

  • #2
    Re: Marstons Seized goods belonging to a different ltd company - please advise

    I think you need professional advice. But apply to the court which issued the writ for a stay against marstons. I'm sure more experienced and knowledgeable beagles will be along shortly.

    Comment


    • #3
      Re: Marstons Seized goods belonging to a different ltd company - please advise

      Hello adamlaker and elcome to the forum.

      Question 1) Did Marston leave any paperwork relating to the removal of the trailer? Even if they did you should report the trailer as "stolen"to the Police, because the paperwork relating to the removal of the trailer should clearly state the name of the Debtor i.e. ABC sweets, and clearly the trailer belonged to ABC Transport.

      Also, if you have an inventory of what was inside the trailer, you could file a theft report on behalf of the customers whose goods where inside it.

      If the bailiff did what the book says, the Police should be able to tell you that the trailer was not stolen, but it was seized and removed on the strenghth of a Warrant issued by HMCTS Countyshire by bailiff Joe Bloggs and the incident number is XXX/dd/mm/yyyy.

      Also, I would report the removal of the clamp by way of drilling as "criminal damage".

      You need an incident number before going any further.

      Once you got the incident number, and this is subtle, call the bailiff that removed the clamp and removed the trailer and tell him that you will report him for theft and criminal damage. Do not get in an argument over the telephone, just end the conversation.

      Then you can go to your local Police Station with all relevant documentation and press charges.

      What the bailiff did is totally out of order and he/she deserves nothing but a brief spell in one of Her Majesty's Penal facilities.
      The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

      A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

      A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



      It's a dirty job, but someone got to do it!

      My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

      Comment


      • #4
        Re: Marstons Seized goods belonging to a different ltd company - please advise

        Sir Vere
        This is a Trailer in other cases on LB we have Cars not belonging to the Debtor being clamped/removed is this not also theft ? If so and presuming it happens more times than we read on here how many cases have gone to court
        Anyone even a Bailiff taking Goods belonging to A N other not the Debtor must be theft ????

        Comment


        • #5
          Re: Marstons Seized goods belonging to a different ltd company - please advise

          Originally posted by wales01man View Post
          Sir Vere
          This is a Trailer in other cases on LB we have Cars not belonging to the Debtor being clamped/removed is this not also theft ? If so and presuming it happens more times than we read on here how many cases have gone to court
          Anyone even a Bailiff taking Goods belonging to A N other not the Debtor must be theft ????
          When it is blatantly obvious that goods on premises do not belong to a debtor removing them is theft.

          In this case there is a trailer signwritten ABC Transport, and the bailiff ( sorry EA ) is after ABC Sweets, what on earth did he take that morning to make him take it?

          The same goes for cars, easy enough who the registered keeper is .... if a lease car .... or on HP, some EA are just too thick/lazy to do the job right.

          When it comes to other goods, say a ride-on lawn mower, then it can be a bit tricky ...... but let's not forget, before an EA removes goods, they must have made contact with the debtor and give them the opportunity to pay before removal ..... think about it, 100% of warrants are issued for the last known address of the debtor, 75% of debtors have moved on ...... there are some cases on this forum where some twit of a bailiff seized goods belonging to a new occupier.

          Besides, it must be a very stupid bailiff the one that removes first rather than ask for the money first.
          The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

          A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

          A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



          It's a dirty job, but someone got to do it!

          My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

          Comment


          • #6
            Re: Marstons Seized goods belonging to a different ltd company - please advise

            Sir Vere, thanks very much.

            they did leave paperwork purely addressed to 'abc' no sweets or otherwise - i did have a HMCTS reference so i contacted the courts and they have it as ABC too, i informed them that the fines were in a ltd company and after doing a search they found the correct fines, linked to ABC UK LTD, i have today emailed the courthouse at their request to explain the situation, i have also followed your advice - reported it as stolen, and on behalf of the customer too, i now have a crime reference number and i called the baliff and informed her of my proceedings....within 3 minutes i had a male baliff call me back threatening to come and seize all the vehicles and saying that unless we paid the fine and the costs that the trailer would be sold by the 24th....complete with the customers possessions!!

            what do i do now? I have called them to inform them, emailed them and informed the police and the courthouse (who are getting the fines re-written in the ltd company name apparently)

            i have 14 days apparently!

            help

            Comment


            • #7
              Re: Marstons Seized goods belonging to a different ltd company - please advise

              I would contact the police and the court and tell them that the bailiff is going to go ahead and sell the trailer, and could the court call him off.

              Comment


              • #8
                Re: Marstons Seized goods belonging to a different ltd company - please advise

                Is this Bailiff a complete Moron ? if the other vehicles do not belong to the Company that owes the debt and he stakes them he must be unsuitable to hole a Bailiff certificate.
                I hope the OP takes the case of the trailer theft all the way

                Comment


                • #9
                  Re: Marstons Seized goods belonging to a different ltd company - please advise

                  Originally posted by adamlaker View Post
                  Sir Vere, thanks very much.

                  they did leave paperwork purely addressed to 'abc' no sweets or otherwise - i did have a HMCTS reference so i contacted the courts and they have it as ABC too, i informed them that the fines were in a ltd company and after doing a search they found the correct fines, linked to ABC UK LTD, i have today emailed the courthouse at their request to explain the situation, i have also followed your advice - reported it as stolen, and on behalf of the customer too, i now have a crime reference number and i called the baliff and informed her of my proceedings....within 3 minutes i had a male baliff call me back threatening to come and seize all the vehicles and saying that unless we paid the fine and the costs that the trailer would be sold by the 24th....complete with the customers possessions!!

                  what do i do now? I have called them to inform them, emailed them and informed the police and the courthouse (who are getting the fines re-written in the ltd company name apparently)

                  i have 14 days apparently!

                  help
                  If they seize more vehicle that would be excessive seizure, but I think the bailiff that call you threatening that is on seriously dangerous thin ice, did you get his name?

                  Originally posted by bizzybob View Post
                  I would contact the police and the court and tell them that the bailiff is going to go ahead and sell the trailer, and could the court call him off.
                  Excellent advice!

                  Originally posted by wales01man View Post
                  Is this Bailiff a complete Moron ? if the other vehicles do not belong to the Company that owes the debt and he takes them he must be unsuitable to hold a Bailiff certificate.
                  I hope the OP takes the case of the trailer theft all the way
                  Do pursue this line of action, if deep in your heart you know that the bailiff actions are totally wrong, you have nothing to lose.
                  The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                  A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                  A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



                  It's a dirty job, but someone got to do it!

                  My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

                  Comment


                  • #10
                    Re: Marstons Seized goods belonging to a different ltd company - please advise

                    Marstons need to rein their bailiff in he is obviously out of control. He has an unlawful levy, and now wants to compound the folly by seizing more third party goods, and sell them. What a cretin. He needs a holiday in Strangeways Hotel,

                    Comment


                    • #11
                      Re: Marstons Seized goods belonging to a different ltd company - please advise

                      Originally posted by bizzybob View Post
                      Marstons need to rein their bailiff in he is obviously out of control. He has an unlawful levy, and now wants to compound the folly by seizing more third party goods, and sell them. What a cretin. He needs a holiday in Strangeways Hotel,
                      The longer the better
                      The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                      A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                      A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



                      It's a dirty job, but someone got to do it!

                      My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

                      Comment


                      • #12
                        Re: Marstons Seized goods belonging to a different ltd company - please advise

                        Something tells me this EA is heading for JSA. Being done for theft is going to be the least of his worries. Threatening to sell something he had no right in law or lawful authority to seize in order to extract money from someone or company for a debt they are not legally-liable for is something a lot more serious and carries a far harsher penalty.
                        Life is a journey on which we all travel, sometimes together, but never alone.

                        Comment


                        • #13
                          Re: Marstons Seized goods belonging to a different ltd company - please advise

                          Originally posted by bluebottle View Post
                          Something tells me this EA is heading for JSA. Being done for theft is going to be the least of his worries. Threatening to sell something he had no right in law or lawful authority to seize in order to extract money from someone or company for a debt they are not legally-liable for is something a lot more serious and carries a far harsher penalty.
                          Hopefully the Whyte & Co team off Parking Mad will be done for something similar along with the coppers pulling the motorists in at the request of the bailiff.

                          As to this Marstons penypidyn, wonder if he has removed his levy? Hope OP gets back with an update soon.

                          Comment

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