High Court Bailiff - do they know what they are doing?

[layperson]

Apologies. Reposted from welcome thread.

Dear All,


1) Martons turn up asking for the debtor - not me - who owed about £400.
2) They end up clamping my car. I show proof of purchase, bank statement, invoice, tax, insurance. No release.
3) Debtor pays on-line to Marstons same day as car is clamped. Receipt from Marstons for payment in full.
4) The car is still clamped. It has been 4 days now.
5) Every day they come and post that the car will be taken away and asking for money. Apparently is has been valued.
6) I have called 101, called 999. The police have logged the issue. They are satisfied it is my car. They say soon as the car is taken away you can report a crime. I also report a crime of not having access to the highway.
7) I use my car for work on call evening and night (Doctor). I have had two days off - lost earnings and now rented a car for work.


I am pissed off. Pissed off my employer. Pissed off my colleagues who had to cover for me.
Advise on next steps please. Everyone's comments appreciated.

[seduraed]

Re: High Court Bailiff - do they know what they are doing?

Has the debtor paid the costs as well as the bill.

[Milo]

Re: High Court Bailiff - do they know what they are doing?

Apologies. Reposted from welcome thread.

Dear All,


1) Martons turn up asking for the debtor - not me - who owed about £400.
2) They end up clamping my car. I show proof of purchase, bank statement, invoice, tax, insurance. No release.
3) Debtor pays on-line to Marstons same day as car is clamped. Receipt from Marstons for payment in full.
4) The car is still clamped. It has been 4 days now.
5) Every day they come and post that the car will be taken away and asking for money. Apparently is has been valued.
6) I have called 101, called 999. The police have logged the issue. They are satisfied it is my car. They say soon as the car is taken away you can report a crime. I also report a crime of not having access to the highway.
7) I use my car for work on call evening and night (Doctor). I have had two days off - lost earnings and now rented a car for work.

.

I am sorry but in order to provide an accurate reply, it would help to have some background information:

1) Is the debtor a relative or friend of yours?
2) Is the debtor know to you?
3) Did you receive any previous letters from Marston's in relation to this debt?
4) What did you do with the letters?
5) You say that the debtor paid the debt in full to Marston's. The compliance fee would have been £75 and the enforcement fee £235. If payment was made of £400 then I am assuming that the debt that was being enforced was just £75. Is this correct?

[layperson]

Re: High Court Bailiff - do they know what they are doing?

Thank you for your comments.

Milo answers to your questions:

1) Is the debtor a relative or friend of yours? Friend share house
2) Is the debtor know to you? As above friend house share
3) Did you receive any previous letters from Marston's in relation to this debt? Yes my friend did - plenty of them.
4) What did you do with the letters? ignored them.
5) You say that the debtor paid the debt in full to Marston's. The compliance fee would have been £75 and the enforcement fee £235. If payment was made of £400 then I am assuming that the debt that was being enforced was just £75. Is this correct?
I double checked this. Logged on Marstons website paid fine and fees. It is the same value being posted in the letter box everyday £462.

The point is the debt was cleared in full. It is the 4th day since payment in full. Thanks once again.

Thanks again.

[suffering]

Re: High Court Bailiff - do they know what they are doing?

is there any connection with the car and the debtor i.e do they /have they ever used it are they on the insurance or is it just the address that connects it?
If it has no connection send a notice to Marston that you are giving them 24hrs to remove the illegal clamp after which you will be claiming loss of earnings and a hire car
is the car on private land?

[layperson]

Re: High Court Bailiff - do they know what they are doing?

Hi suffering. No connection with car and debtor. They have never used or sat in it or are on any paperwork related to it what so ever. The car is parked on our front private driveway to the house.

[suffering]

Re: High Court Bailiff - do they know what they are doing?

This is pure intimidation by the bailiff to extort money (personally i would cut it off but thats me i am not advising you to do that ) You have got to make marston know you mean business and it will cost them money if it is not removed. Text the enforcement agent and tell him you will be employing a lock smith to remove his clamp and you will hold it untill he pays the lock smiths bill

[bizzybob]

Re: High Court Bailiff - do they know what they are doing?

Did you make a third party claim to Marstons? if so and they do take the vehicle report it stolen and Formal Complaint to Marstons and the creditor. Milo can advise further What is/was the debt?

[suffering]

Re: High Court Bailiff - do they know what they are doing?

Send this to the enforcement agent;
I hereby put you on full legal notice. Dear xxxx You have illegally fitted an immobilising device to my vehicle, Reg xxxx at my address xxxxx This device has cost me loss of earning's totalling £xxx and i have also lost the pleasure of the use of my vehicle i put the cost at a value much higher than the value of the wheel clamp i am also aware no one has ever been convicted for removing a clamp, if i am forced to take the necessary action required to remove the clamp i will retain it for evidence. as i intend to take legal action against you. You now have 24 hours to remove the clamp or produce evidence to satisfy me and my legal representative that you have a legal entitlement to immobilise / take control of my property
Your Name

[layperson]

Re: High Court Bailiff - do they know what they are doing?

Clamp is off!!!!!!

I didn't get to send any court action letters etc. but came home with clamp off. Don't know exactly when but believe after lunch. I called them and asked why it took so long to release the clamp. They said payment cleared today. 4 days to clear a an online payment which is rubbish as my friend received confirmation of payment including reference number. My friend confirmed with bank that payment cleared within hours. I'm still though out of pocket and annoyed by the whole affair. I will take them to small claims court as they simply clamped the wrong persons car. Give me luck. I will keep you all posted.

Thank you all once again.

[bizzybob]

Re: High Court Bailiff - do they know what they are doing?

Just be careful with small claims track, bailiff will put defence of Honest mistake guv probably.

[ploddertom]

Re: High Court Bailiff - do they know what they are doing?

I will take them to small claims court as they simply clamped the wrong persons car. Give me luck. I will keep you all posted.

Thank you all once again.

Be wary of doing this as you need to be very careful. Enforcement Co will use banking system times & to filter through to account. Don't believe all you read about Faster Payments.

[suffering]

Re: High Court Bailiff - do they know what they are doing?

Follow the link below for the code of conduct that bailiffs / enforcement agents must follow

https://www.gov.uk/government/upload...-standards.pdf

[layperson]

Re: High Court Bailiff - do they know what they are doing?

Update. I filed a small claims via MCOL. In period of acknowledgement/file defence etc. Thank you.

[Sir Vere Brayne d'Emmidge]

Re: High Court Bailiff - do they know what they are doing?

Apologies. Reposted from welcome thread.

Dear All,


1) Martons turn up asking for the debtor - not me - who owed about £400.
2) They end up clamping my car. I show proof of purchase, bank statement, invoice, tax, insurance. No release.
3) Debtor pays on-line to Marstons same day as car is clamped. Receipt from Marstons for payment in full.
4) The car is still clamped. It has been 4 days now.
5) Every day they come and post that the car will be taken away and asking for money. Apparently is has been valued.
6) I have called 101, called 999. The police have logged the issue. They are satisfied it is my car. They say soon as the car is taken away you can report a crime. I also report a crime of not having access to the highway.
7) I use my car for work on call evening and night (Doctor). I have had two days off - lost earnings and now rented a car for work.


I am pissed off. Pissed off my employer. Pissed off my colleagues who had to cover for me.
Advise on next steps please. Everyone's comments appreciated.

Your car was clamped illegally, you have the right to remove it, using force (disc cutter) if necessary.Send a bill to Marston for the loss of earnings.