Tuncay Yilmaz. Marstons.

[Craigs Gripe]

Hi, Today 31st Jan 2015. at 7.0am My daughter received a visit from a really aggressive Bailiff threatening to break into her residential home via a Locksmith if she did not answer her front door immediately. My daughter had purchased a car a couple of years ago via Hire Purchase and despite making payments after a fair while lost her job and the car was repossessed. Whilst my daughter has no issues with paying her debt, this Bailiff Mr Tuncay Yilmaz was aggressive, threatening, and completely unpleasant to the extreme. Despite this being a civil debt, he insisted it was a criminal issue, made threats to have my daughter arrested and brought before Magistrates Court, and despite myself trying to argue that although he could certainly take forceful action regarding any commercial premises, the enforcement and entrance of a private residential premises was a different matter. He responded by shouting at me saying I did not have a clue of what I was talking about.
I happen to have a rather thick skin when it comes to un warrented aggression but take exception to him behaving in the manner he displayed to my daughter. He was at best just plain nasty, threatening,roughly manhandled certain items of her property and when she tried to protest, was told the property no longer belonged to her to complain about. Despite this persons completely un necessary behaviour, our family managed to get the full amount together he was asking for but he then said that because it had taken until 12.0 midday, it was toolate for him to accept a cash payment and he would only accept a card payment. Un fortunately between the four of us, we do not hold a credit card and today being Saturday, we could not complete a deposit and bank transfer. Mr Tuncay Yilmaz has now threatened that because of this, there will now be an extra £158.00 chargeable and he will be making another visit with a locksmith which will also be charged for, leaving my daughter in a terrified state as he has already done a really effective job of convincing her of his strong arm tactics.
If any kind person out there can offer any advice or indeed any similar experiences of this Bully, we would obviously be very grateful.
With many thanks, C Buckley. ( My daughters father)

[ploddertom]

Re: Tuncay Yilmaz. Marstons.

What was the debt for & how much? had she ever recived a Notice of Enforcement?

[Craigs Gripe]

Re: Tuncay Yilmaz. Marstons.

What was the debt for & how much? had she ever recived a Notice of Enforcement?

Hi there, The debt was for £710.00 and was the amount remaining after her car had been repossessed. She has certainly had a couple of letters regarding this debt but not a notice of enforcement.
As I have said we have managed to raise the full amount by the time of 12.0 midday although he did not bother to re contact my daughter until 1.0pm saying by then it was too late to accept a cash payment.

[Craigs Gripe]

Re: Tuncay Yilmaz. Marstons.

Hi there, The debt was for £710.00 and was the amount remaining after her car had been repossessed. She has certainly had a couple of letters regarding this debt but not a notice of enforcement.
As I have said we have managed to raise the full amount by the time of 12.0 midday although he did not bother to re contact my daughter until 1.0pm saying by then it was too late to accept a cash payment.

[Craigs Gripe]

Re: Tuncay Yilmaz. Marstons.

P.s £90.00 of the £710.00 was for a Locksmiths call out charge. As my daughter had no imput in the call out or services of a Locksmith, and also answered the door to prevent any damage to her door, Would she be legally liable for this £90.00 Call out charge?

[ploddertom]

Re: Tuncay Yilmaz. Marstons.

If she owes for the car does she have a CCJ against her?

[Craigs Gripe]

Re: Tuncay Yilmaz. Marstons.

Hi again, no she does not have any ccjs. The car was repossessed and auctioned. The remaining amount of £620.00 was the balance after auction plus £90.00 Locksmiths call out charge. after the amount remaining has been paid, She is clear of the hire purchase agreement for the car. P.s, thank you

[ploddertom]

Re: Tuncay Yilmaz. Marstons.

There is something wrong here, a Bailiff working for Marston Group cannot go around demanding money for an unpaid civil debt unless:
a - a CCJ has been awarded
b - if no payment received and debt is over £600 it could be transferred to the High Court for enforcement BUT
c - as this is a debt regulated by a Consumer Credit Agreement this is not possible THEREFORE
d - it could only be enforced by the County Court Bailiff

Are you sure this is nothing to do with a fine from a Magistrates Court? You will need to read the paperwork left & if possible upload it here so we can see - remember to remove all personal details first & PDF is best.

[Craigs Gripe]

Re: Tuncay Yilmaz. Marstons.

The Bailiff has paperwork stating Marstons High Court Enforcement issued by Cambridge Magistrates Court but printed on Marstons own headed paper which states property can be removed if she defaults on the full payment demanded today but then in brackets it also states only if property is owned by or part of a Commercial premises. He also would not let her see the paperwork properly holding an envelope over the bottom half of the document and when she asked to see the document properly, he refused.

[ploddertom]

Re: Tuncay Yilmaz. Marstons.

If this is the case then it is not for the balance of monies owing on the car but for a fine for a criminal offence heard at the Magistates Court. This in turn could be for something like a TV Licence or one of several motoring offences. You may have to wait until Monday morning to ring the Court to find out what it is all about - bear in mind they will probably only speak to your daughter because of DPA issues. The letter heading Marstons use is dual purpose as in smaller writing it will mention Certificated bailiffs or similar.

[Craigs Gripe]

Re: Tuncay Yilmaz. Marstons.

Also I have read the paperwork left by the Bailiff and there is no mention of any fine imposed anywhere on the document and this looks to me as if the details of Cambridge MHCT are duplicated from an original paper by duplicate pad and obviously hand written.

[Craigs Gripe]

Re: Tuncay Yilmaz. Marstons.

I will indeed contact the court but there has been no mention of any fines for anything on the paperwork or by the Bailiff today to either my daughter or to myself when I spoke to him on the phone. The only details discussed were for the debt regarding the car. The fact he was not very forthcoming with the paperwork he himself held makes me wonder if he is trying it on a bit but then having not seen all the paperwork I could not possibly know for sure

[Craigs Gripe]

Re: Tuncay Yilmaz. Marstons.

I will indeed contact the court on Monday morning and will scan and upload the paperwork left by the Bailiff and any other paperwork he may leave. Finally Thank you very much for your help with this, You have already given me more to consider regarding this whole sorry business.

[bizzybob]

Re: Tuncay Yilmaz. Marstons.

I would be looking at DVLA, as in a fine for failure to notify change of ownership on the repossession of the car, and whether the tax ran out before car was auctioned and she was still the Registered Keeper. DVLA are good at doing court without telling you, That is one way to accrue a magistrates fine.

Film him next time he turns up, even with a mobile, he cannot prevent you from doind so, that should kill his pig when he tries the bully boy rant again. I would also query the Locksmith fee, as it might well be void. if this was his first visit.

[Milo]

Re: Tuncay Yilmaz. Marstons.

I will indeed contact the court on Monday morning and will scan and upload the paperwork left by the Bailiff and any other paperwork he may leave. Finally Thank you very much for your help with this, You have already given me more to consider regarding this whole sorry business.

Have you spoken to the court and is this debt in relation to a Magistrate Court fine?