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MARSTONS Bailiff

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  • MARSTONS Bailiff

    Bailiff was supposed to visit me yesterday to seize goods. Prior to this I paid them through the bank every month but Mays payment got knocked back by the bank by £2.00 because of an insurance payment for my cooker hood of £3.40. On the 23rd (Friday) I received a letter of enforcement to seize goods. I didn't realise what the bank had done so I went to the branch and topped my account up to the £55. Came home and rang Marstons and the lady was quite bitchy with me and told me to stop enforcement they require £240. If I was in a position to pay that I wouldn't be paying them £55 monthly. Next day I phoned them to ask for a breakdown of charges but a sweet lady told me she only takes payments because the office is closed till Tuesday. I rang Tuesday and asked for a Breakdown of charges and gave the woman my email address, and told her I need it asap preferably as I contacted in the morning the same day. Wednesday was approaching so I asked my daughter with her 1 year old son if on Wednesday she could take him out to a friends or round town, as if the bailiffs came it would be utter confusion. My 8 year old was scheduled to go to his bedroom if the event occurred.
    I then came across an article " Regulation 6 of the taking of goods regs 2013 which states that you must have 7 days clear notice of a taking of goods visit excluding Sundays and Bank holidays. They cannot go on the postmark or day of letter it is from when you receive it.

    I rang Marstons Wednesday morning and the woman on the other end made out she couldn't hear me clearly. The ref no on its own took about 5 mins to get through to her. My postcode took another 5 mins. It was I think that she had a case of selective hearing. Bits she did understand what I said was that they was breaking the law because of the 7day thing. she began to waffle on about the letter was sent 1 day before it was written. She came back with "I cannot stop the enforcement you will have to email my seniors. Then she went back to selective hearing. She accused me of shouting at her and slammed the phone down. All I did was to higher my voice so that she could hear me.
    I then emailed the office quoting the law and asked them for immediate response. Waited , no reply. Did this three times politely but no reply. Then I realise that I haven't a clue if anybodys going to arrive on my doorstep.
    At 6.00pm my daughter got in touch and asked me if she could now come home.
    I went on the internet to try and find the latest a bailiff can call. Some said business hours but quite a few said midnight.
    I asked my daughter if she could find a mates to stop at which she has never done before. She got back to me after half an hour and said Yes.
    At 11.00 I received a phone call of of my daughter saying that my grandson couldn't sleep. I asked her if she could get a taxi and come home realising by the time this was sorted it would be 12 midnight.
    Why couldn't Marstons let me know that they wasn't coming. They tell you have got to do what they say but the other way round its different.
    I haven't a clue whats happening now because the people who make the decisions will not talk to me.
    What can I do to get these to talk to me?
    Tags: None

  • #2
    Re: MARSTONS Bailiff

    What are you paying for?
    Bailiff times 6am - 9pm 7 days per week - now can include Sundays.

    Comment


    • #3
      Re: MARSTONS Bailiff

      You say you have been sent a Notice of Enforcement.
      What date is on the letter they have sent?
      What postal service did they use? Royal Mail or another & what class of postage?
      Is there a date on the envelope?
      What date have they said you must contact them by?
      Have they listed a time in the letter?

      Comment


      • #4
        Re: MARSTONS Bailiff

        Date on the letter was 21st May 2014 and they used royal mail. I didn't keep envelope. I had to contact them on receipt of letter which was the 23rd which I did. No time was given in letter just the 28th May 2014. The original debt was HSBC finance which I borrowed to try and start my own business but it unfortunately folded

        Comment


        • #5
          Re: MARSTONS Bailiff

          Right Ok then the Notice of Enforcement is non-compliant and can be disregarded, they won't be happy but there again if they did right in the first place. As for the rest I assume this is for a CCJ that has been transferred up to the High Court for enforcement.

          If so did you know about the CCJ?
          If you knew about did you defend it?

          Comment


          • #6
            Re: MARSTONS Bailiff

            It was sorted in Northampton County Court. You will have to excuse me Ploddertom but this all confuses me and I will try and answer you to the best of my knowledge. The original mention of high enforcement officers was by DG solicitors.

            Comment


            • #7
              Re: MARSTONS Bailiff

              As said previously did you know all about it or if not when did you find out?

              Comment


              • #8
                Re: MARSTONS Bailiff

                Ploddertom, can you explain why the Notice of Enforcement is non-compliant please? Thank you

                Comment


                • #9
                  Re: MARSTONS Bailiff

                  Originally posted by Pixie123 View Post
                  Ploddertom, can you explain why the Notice of Enforcement is non-compliant please? Thank you
                  A Notice of Enforcement has to be delivered to a debtor by one of a variety of accepted methods, probably the most accepted way is via post. This could be via Royal Mail 1st or 2nd Class or a 3rd party postal service such as DHL for instance. After this the Enforcement Co have to give 7 days clear notice asking a debtor contacts them before an Enforcement Agent may visit which in turn incurs an extra Enforcement Fee of £235.

                  Taking into consideration the dates given in this thread, the letter was dated 21 May and they were given just 7 calendar days to comply being 28 May - this is wrong.

                  Letter Dated 21 May - a Wednesday - giving them the benefit of the doubt this would be posted on the following day and again we'll say they sent it 1st Class. This is deemed to be served 2 business days later which would be Saturday. They are not allowed to include Sundays in their calculation of 7 clear days and because it was Bank Holiday weekend they could not include Monday either, the first day would have been Tuesday 27 May, counting 7 clear days excluding Sundays takes us to Tuesday 3 June, then the next day that can be used is Wednesday 4 June before anyone can visit.

                  I believe Marstons have already been taken to task over their times & even their own trade body CIVEA is advising they allow at least 14 Calendar days. In this case I have already reported this lapse by them and hopefully that in turn will find its way to the MOJ who are trying to clamp down on these abuses of process.

                  Why do they do it? Quite easily they hope the debtor is not going to find out. If the letter had been send 2nd Class then a further 3 days should have been allowed (7 June) and in the case of the 3rd party mail companies a further 2 days again (10 June). I've only used 1st Class as an example.

                  Comment


                  • #10
                    Re: MARSTONS Bailiff

                    Thank you Ploddertom for that very clear answer. In my case then I received the letter from Marstons by post on Wednesday 21st May 2014 and they wanted to enforce the warrant and visit with removal contractors (although I have not ever given walking possession rights) on Tuesday 27th May 2014 which I assume is breach?

                    Comment


                    • #11
                      Re: MARSTONS Bailiff

                      It is. However to resolve all they need to do is write again giving the correct info.

                      Comment


                      • #12
                        Re: MARSTONS Bailiff

                        Originally posted by ploddertom View Post
                        As said previously did you know all about it or if not when did you find out?
                        I knew about it when DG Solicitors got involved. I paid them several payments and found it hard one month to pay another. They went straight to enforcement officers and wouldn't accept my excuse. I asked the enforcement officer why they didn't give me a chance and he replied that they know that we can get the money. The letter fro DG solicitors was 4 Aug 2013

                        Comment


                        • #13
                          Re: MARSTONS Bailiff

                          I need to qualify what I said earlier about the 7 day rule & Civea.

                          Civea are the body that represents Enforcement Agents (Bailiffs) and it is to there members that they advise allowing 14 calendar days so it encompasses the 7 Clear days the Regulations stipulate.

                          For both this thread & Pixie123's thread we are concerned with High Court matters. They are members of the High Court Enforcement Officers Association who as far as I know have offered no guidance at all. If Marstons believe that 7 calendar days is enough then they are sadly mistaken as the 7 Clear days rule applies to them as well.

                          Comment


                          • #14
                            Re: MARSTONS Bailiff

                            Originally posted by Dahtman View Post
                            I knew about it when DG Solicitors got involved. I paid them several payments and found it hard one month to pay another. They went straight to enforcement officers and wouldn't accept my excuse. I asked the enforcement officer why they didn't give me a chance and he replied that they know that we can get the money. The letter fro DG solicitors was 4 Aug 2013
                            Are you saying you knew nothing of the original CCJ?

                            Comment


                            • #15
                              Re: MARSTONS Bailiff

                              I found out from DG soliciters and they quoted the court no etc in their letter

                              Comment

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