Thread: Marstons bailiffs

Originally Posted by newton

I am going to ask for a Subject access request under S7

Is the address of

Marstons
PO box 308
Waltham Cross
EN9 1ZN

the best and only address to send a registered/recorded delivery letter/request

Registered post isn't necessary but recorded will suffice. Mail addressed to the PO Box address is delivered to Bridgman House, 37a Sun Street, Waltham Abbey, EN9 1EL.

Originally Posted by newton

Secondly

If i wish to pursue a charge of excessive fees am I better of going back to the county court and applying for a Part 47 CPR 1998 for Detailed Assessment at the local county court

The CPR isn't really set up for reclaiming bailiffs fees & its very expensive. If you must use the county court then reclaim it from the council (or person who instructed them) in the small track. The council is liable for its bailiffs. https://www.moneyclaim.gov.uk/csmco/index.jsp

Originally Posted by newton

Thirdly

I feel the fees were exhorbitant and calculated to be inflated to the max with walking posessions signed after payment had been made by the only person in the house who had language and literacy problems.

What kind? Is that person known to have mental health issues?

Originally Posted by newton

Is the best way to complain about the bailiff

You can do that by making an official complaint against the bailiff by completing a Form 4. http://www.hmcourts-service.gov.uk/c...form4_0606.pdf and remember to ask for compensation.

Originally Posted by newton

or his company or the council for maladministration because they had been sending letters and warnings and notices to incorrect adresess

You make a complaint of misfeasance against the council and ask them to pay you compensation. Take your complaint to the Local Government Ombudsman if you are fobbed off with excuses.

Originally Posted by newton

and that in essence led to the bailiffs seeking out the charges

I am going to get a Statutory declaration signed from the courts to the above effect for Northhampton because it was a Fixed Penalty Charge??

I know marston/Drakes representatives will be reading this and gloating at another one biting the dust but wait for it your will receive your ******* in the end and its sites like this giving out all the above information that will really stiffur end of year theft profits

My experience says going after the council, then its up to the council to settle its differences with the bailiffs. If you are only complaining about being overcharhged with bailiffs fees then use a Form 4. It costs nothing.

In the Details of Complint field - Tweak as necessary.

On [DATE] I was visited by the bailiff collecting unpaid business rates. He demanded £[AMOUNT] of which his fees were £[AMOUNT]. He continued by saying he would charge more fees if the debtor fails to pay his existing fees according to further deadlines.

The bailiff’s fees are inconsistent with Enforcement of Road Traffic Debts (Certificated Bailiffs)(amended 2003) Regulations 1993 and I understand defrauding a debtor in this way is an offence under Section 2 and 4 of the Fraud Act 2006.

I have tried to reach an amicable resolve with the bailiff and his form but they have become defensive and vexatious in nature.

I ask that I am compensated the sum of £[AMOUNT PAID TO BAILIFF] and reasonable costs in seeking discovery of information and bringing this matter to court

If you want to make a complaint to the council then...

Name of Council
Address 1
Address 2
Address 3
Address 4

[DATE]

Dear Sir/Madam

Re: YOUR NAME & ANY REF: Visit by your bailiff on [DATE]

I have had an opportunity to seek advice and I write on the understanding that case law rules an authority is liable for its bailiffs and you have made a factual error in your advice.

I now ask you to pay:

a) Fees paid to your bailiff while acting under your instruction
b) Discovery of information and researching the legal background to the case.
c) Administrative work and receiving a vexatious bailiff
d) 8% Statutory interest pursuant to Section 69 of the County Courts Act 1984 at the daily rate of 0.00022% from the date money became due.

It is also my intention to ask that you pay me litigant in person at the rate of £87.50 per hour for ten hours work as you have deliberately protracted the matter requiring me to seek legal advice and commence proceedings I would not have otherwise needed.

For the avoidance of doubt that if you fail to furnish me with full payment of £[AMOUNT] within fourteen days being [DATE], I will automatically file a claim in the small claims track without writing further and this will invariably involve further costs.

This document is delivered by Royal Mail and I deem it good service on you by the ordinary course of post under Section 7 of the Interpretation Act 1978 and therefore it is your responsibility and in your own interests this letter is handed to the relevant person within your organisation. I regret I am unable to discuss this matter by telephone or in person.

Yours Truly


[YOUR NAME]

Don't waste time being fobbed off with excuses from the council. Unless the council pays you the full amount, quickly file the claim it in the small track. https://www.moneyclaim.gov.uk/csmco2/index.jsp

In the Particulars of Claim:

On [DATE] the defendant ordered bailiffs to recover an unpaid parking ticket and over charged me [AMOUNT] and I asked the council to refund this along with other losses but they became vexatious in nature. This required me to seek discovery of information which incurred further expenses I would not have otherwise needed. I seek to recover from the defendant [AMOUNT] plus costs and interest allowed by the court.