Marston final and only notice plus assault on my sister

[Nothappybunny]

Hiya all

i hope I'm posting this in the right place a month or so ago my other half who can't drive anywhere without a sat nav. Did a u turn that his sat nav told him to but there was a sing he missed it and got caught on camera, he's on job seekers so has made 2 attempts to make a payment offer (me payin it over. Couple of months ) £90 I think it was, I only work part time but I'm off sick at the moment.

Both attempts he called the number to try and sort out payment both times he was told someone would call him back.

My bf is not here full time he just stays every now and then as having a messy divorce also stays with friends.

His van blew up last week and as he owed his mobile mechanic some money he said he could have it to scrap and gave him the keys, my bf has been away for few days and yesterday someone put a seized notice on his van I took no notice as nothing to do with me. And yesterday it was gone mechanic picked it up in afternoon I saw him and waved.

today I had a knock at the door I'm home with my sister who's babysitting 11 month old I'm in wheelchair from spinal injury and my mum waiting knee replacement hobbling about,

my sister went to open the door I heard her raise her voice a bit which she never ever does she had baby in right arm, as I wheeled into hallway was winding something back to someone and I saw a hand grab our door handle and shut her wrist in door, she screened nearly dropping baby and kicked front door shut .

THIS MAN WAS A BALIF FROM MARSTON BALIFF

her wrist swelled up we called police as this was assault and they called ambulance took her to hospital and gave x rays etc just bad bone brushing arm in sling lost next 3 nights work at £100 per night !!!

police finally came a while ago and took statements from us both I guess he will be arrested but what I don't get is how can someone have a final notice when we've never ever had a notice here before? I explained everything in the house belongs to me and my mother but BALIFF don't care I told him what he did to my sister was disgusting. He didn't care he said he coming back in morn to collect.?

but collect what ? He owns nothing here all his positions are in his marital home of which I gave him the address (messy separation) he has nothing now not even a van that I bought him that the mechanic took.

How can they do this assault my sister and insist they gonna force entry in morn although police have said should he turn up hell be arrested for the assault.


But we had no letters prior how did it come to this so quick and how can he insist on taking things of my mothers and mine which he insists he will do.

my bf has called him and now they want £556 he has made 7 attempts to make a payment arrangement as he is on jsa

i don't know what to do .

called marston they were unhelpful

can anyone advise.?


not happy bunny xxxxx

[labman]

Re: Marston final and only notice plus assault on my sister

Did you receive a Further Steps Notice from the Magistrates' Court?

Send Letter 1 from here for a breakdown of bailiff fees:

http://www.legalbeagles.info/forums/...Useful-Letters

The process for Magistrates' Court fines is set out below, but the immediate question is about the Further Steps Notice? I assume your boyfriend is now registered at your address?

http://www.legalbeagles.info/forums/...s-Courts-Fines

[ploddertom]

Re: Marston final and only notice plus assault on my sister

Was he caught on camera from the Police and received a Fixed Penalty Notice or was it from the Council and a Penalty Charge Notice?

[CleverClogs]

Re: Marston final and only notice plus assault on my sister

how can he insist on taking things of my mothers and mine which he insists he will do.

It is simple to explain how the bailiff can insist he would do that: he was already assertive to the point of arrogance, before his training as a bailiff taught him how to tell lies.

However, not only does he not have the right to cause Actual Bodily Harm to someone - which would probably be reduced by the Criminal Protection Service to common assault if they even bothered to prosecute - the bailiff does not have the right to seize goods and chattels that do not belong to the debtor or that belong to one of his wives.

[bizzybob]

Re: Marston final and only notice plus assault on my sister

Is your mother the householder? if so she could swear a Statutory Declaration as to the fact that the debtor is non resident, and an occasional visitor and all goods and chattels on and around the premises belong to her and the immiediate family, send a Notarised copy to marstons and the court. As you are third parties they will hide behind Data Protection, but as long as the court are appraised they should call off the thug from marstons, who should be in jail.

Your OH should contact the court and Marstons, as it is their debt not yours, who will not cease and desist until the court call them off and/or the police drag the bailiff off in cuffs when he re-attends

No wonder marstons are threatening webmasters on forums with takedowns for exposing their bailiffs predilection to assault debtors, this is yet another in their sorry involvement with fine enforcement for HMCS and councils.

Is this a council Notice as they operate cameras for trafficv enforcement as well as police, or is it deffo a magistrates court matter?

[labman]

Re: Marston final and only notice plus assault on my sister

Was he caught on camera from the Police and received a Fixed Penalty Notice or was it from the Council and a Penalty Charge Notice?

Eek - basic mistake Labman! Thanks Plodder.

[Nothappybunny]

Re: Marston final and only notice plus assault on my sister

To reply to some of the questions it's a council one and was in communication with tham then we received a final notice no court notice no nothing.

Im doing all these things letters , BALIFF charges , etc and finding out why we heard nothing but final notice, my sisters arm is black today, and she nearly dropped the baby,

BALIFF lied straight off said mt bf on electrolyte roll and council tax here which is wrong its not his perm enact residence.. He's never been registers here sorry is spelling bad just had my meds for my back makes hard to use ipad xxx


my sister is pressing full charges on that particular BALIFF

Bunny

[Nothappybunny]

Re: Marston final and only notice plus assault on my sister

Thank you every one for ur help xxxxx I have the number of a reporter who's been investigating bullying tactics by bailiffs so I'm goin to contact her too, xxxx

[labman]

Re: Marston final and only notice plus assault on my sister

Have you filed a Statutory Declaration (Out of Time)?

See 'Important Information for PCN's' in this thread:

http://www.legalbeagles.info/forums/...rking-Offences

[CleverClogs]

Re: Marston final and only notice plus assault on my sister

Have you filed a Statutory Declaration (Out of Time)?

It isn't her ticket - the traffic violation was done by her bf/sd - and it was for a U-turn where such a manoeuvre was prohibited.

[labman]

Re: Marston final and only notice plus assault on my sister

It isn't her ticket - the traffic violation was done by her bf/sd - and it was for a U-turn where such a manoeuvre was prohibited.

Sorry, I meant you as in 'the two of you.' A Stat Dec is still in order as the process has not been followed correctly as payment has not been taken when offered.

[Nothappybunny]

Re: Marston final and only notice plus assault on my sister

Right that's next on the list !""

Thank you xx

[Milo]

Re: Marston final and only notice plus assault on my sister

With a complaint such as this it is vitally important that it is brought to the attention of senior management at Marston Group. This same principle applies for all other bailiff companies as well.

I am sure that many people take complaints to the press but to be fair, any responsible journalist would immediately contact the bailiff company for a statement before publishing a story.

As you will need to know details of where to complain etc I sent a PM to you a few days ago. Have you received it?

[CleverClogs]

Re: Marston final and only notice plus assault on my sister

With a complaint such as this it is vitally important that it is brought to the attention of senior management at Marston Group. This same principle applies for all other bailiff companies as well.

I agree, but do you believe that the "senior managers" of any bailiff company are unaware of the appalling abuse that is rife throughout their trade?

If a journalist contacted a bailiff company for a comment, the reply would doubtless refer to the number of "agents" the company used - they don't like to call them bailiffs these days - and how few complaints there had been. As complaints are probably under-reported, that response may be less than wholly accurate.

Another part of the problem is that there does not seem to be any independent authority to which one could complain. The bailiff company is likely to deny any/all responsibility, or even that the incident happened at all. CIVEA is a trade body, but it seems not to perform any disciplinary role and hence it may just be a waste of time to take a complaint to them. The CIVEA website (link) does not appear to list any complaints that have been upheld, whilst the complaint leaflet (PDF link) makes it clear that, even if a complaint were to be upheld, CIVEA could only "recommend" remedies rather than enforce them. The CIVEA Code of Conduct (PDF link) seems to have been intended as an attempt at humour, as it is rarely - if ever - followed by any bailiff. For example, when has a bailiff left a copy of the Regulations under which a fee may be charged, or a notice of all the fees charged to date? Yet those are both required under the Code of Conduct.

[labman]

Re: Marston final and only notice plus assault on my sister

I guess the issue is, if you make the senior manager aware of the issue and they do nothing, they have only themselves to blame for anything that ensues. They have to be given the chance to put things right.

I'm sure they acknowledge the industry falls far short of expectations. Whether they genuinely want to address the issue is another entire debate in itself. As a site, we can campaign to try to address policy, training etc...., but we also have the critical role of addressing the individual cases as they occur - far too often!