A marston agent attended my property and wrongly executed a warrant that had been dealt with by the issuing court. The court in question had not relinquished the warrant but I had all the relevant paperwork to prove it had been dealt with but the bailiff refused to take that s proof or let me call the court for them to clarify.

I was not at home at the time but my heavily pregnant partner was, by the time she called me she was hysterical and in floods of tears. The agent had terrorised her with threats saying that he was going to remove goods unless payment was made in full and that he was not going to accept the paperwork that proved the warrant should not have been executed. I spoke to him and explained that it had been dealt with in court and a call to the court would get it rectified but he point blank refused and said that if I didn’t make payment now he would get the removals van.

I felt that I had no choice as I was extrememely concerned about my partner’s condition being so heavily pregnant. I paid over £1000 over the phone and when I got home a quick call to the court proved I was right. It has now taken since January 12th 2015 to this day, still with no proper investigation or response from Marstons directly answering my complaints that I find myself at my wits end with them. I have 2 active complaints which are currently being ignored by their ‘customer care’ team, I have written and emailed their board and I am still to get any kind of response.

I have notified CIVEA and they are fully aware but won’t act until Marstons have exhausted their 3 stage complaints procedure. I really do not know what to do now. All I want is my money and compensation for what I have reasonably incurred due to them not refunding my money and the financial distress it has caused me and my family.

Can anybody help?

I am so sorry to hear of your complaint.

In the first instance, you need to be aware that once a warrant is passed to an individual enforcement agent, he or she must obey by the precise wording on the warrant which COMMANDS that the enforcement agent must attend to 'take control of goods'. Accordingly, if there had been an error with the warrant (in that it should not have been enforced) it is for the court to instruct Marston's to cease to enforce. In other words, the court are wholly responsible.

Thank you fro your response Bailiff Advice.

It looks like my contacting the board has forced the issue. I have been contacted today and a full investigation is being undertaken, at least that is what they have said. I will update accordingly with any news.

Thank you fro your response Bailiff Advice.

 

It looks like my contacting the board has forced the issue. I have been contacted today and a full investigation is being undertaken, at least that is what they have said. I will update accordingly with any news.

Please do update the board and thank you for letting us know.

Do you know if the visit was video'd by the EA?

It would be very helpful if you would email me on our admin email address with any reference number you have relating to this and also some contact details.

Thank you

Hi BankFodder - The Video footage was lost by Marstons funnily enough, which I found quite lucky for them.

I will send details through now

The Video footage was lost by Marstons funnily enough, which I found quite lucky for them.

Ah yes, that old trick, how utterly pathetic!

Bet they're watching it and laughing at it now.....make my teeth itch these arrogant bullies.

Hi BankFodder - The Video footage was lost by Marstons funnily enough, which I found quite lucky for them.

 

I will send details through now

Ah yes, that old trick, how utterly pathetic!

Bet they're watching it and laughing at it now.....make my teeth itch these arrogant bullies.

Have to agree with BB here. How on earth do Marston expect they are to be taken seriously and/or cleaning their act up when this happens. They either use the systems or they don't and stop fudging the issue when complaints are made. No wonder they are thought to be just as bad if not worse than before. About time they behaved themselves instead of trying to hoodwink people - hope in this instance they get more than their knuckles rapped, there was nothing stopping the attending Officer checking but he was blinded by the ££ signs in front of his eyes.

Details sent to admin.

I have had dealings with them in the past and nothing has changed. I am completely aware of what they are allowed and not allowed to do yet the openly flaunt the rules put in place to protect consumers and nothing ever seems to get done to reprimand them.

To me part of the problem is that they should not be able to investigate their own complaints. In a similar vein CIVEA are paid for by their members - the enforcement companies - so how can they be taken seriously. It's very much the old boys network and scratching of backs seems to reap rewards. I think you should also direct a complaint to the MOJ.

MOJ?

I did contact the HCEOA as well but they only sent a standard response

The court has admitted their fault in the problem and has responded in a professional and timely manner. They issued my refund within two days of asking and I have had no issues with them at all. It seems that after contacting the Marston board that my complaint is now being dealt with properly, but I will wait and see what happens.

MOJ?

 

I did contact the HCEOA as well but they only sent a standard response

MOJ = Ministry of Justice

HCEOA would not be interested in this case as they only deal with High Court matters.

Didn't think to contact the ministry of justice. Was looking to see if they are FCA regulated as I can pursue them through work if that was the case

The matter of the video was debated on other thread a week or so ago, and whether we like it or not, the advice from the Information Commissioners Office was then the footage should only need to be retained for a period of 28 days.

Two weeks ago the Local Government Ombudsman (in relation to council tax and parking debts) suggested that enforcement agents should consider extending that period to 3 months from the date of a final response (to a complaint) to a local authority.

It appears there was enough evidence at the time for the Officer to retire - your heavily pregnant partner - upon the grounds of vulnerability, or did he thing she had stuffed a pillow up her jumper. Maybe Marstons instructions on vulnerable people need to be reviewed or better still all their agents need a lesson in the classroom.

I find what has happened beggars belief and sincerely hope they do not get away with it again.

They certainly will not be getting away with it!!

The evening after they attended my partner was admitted into hospital due to reduced foetal movement due to the extreme emotional distress and anxiety caused by their agent. I had to take a week off work to be with her and despite my company being extremely understanding at the time I had not been there very long I had to take it unpaid. I am claiming reasonable expenses incurred and have requested they make an offer for the extreme emotional distress and anxiety caused by their agent, to my partner and to me.

Good for you, but being the belligerent bully boy bailiffs that they are, I bet they won't pay easily!

Would be good to get a rival firm to go and do the same to them!

Given that there appears to have been an error with the warrant have you made a Formal Complaint to the Magistrates Court?

That I have Bailiff Advice. The court has admitted their fault in the problem and has responded in a professional and timely manner. They issued my refund within two days of asking and I have had no issues with them at all.

Even so the Marstons agent needs to be held accountable for his actions, as do they as a company for their complete lack of customer care in dealing with my refund which took 51 days to be issued, and dealing with my complaints which are now well over 60 days with no resolution offered.

That I have Bailiff Advice. The court has admitted their fault in the problem and has responded in a professional and timely manner. They issued my refund within two days of asking and I have had no issues with them at all.

Delighted to hear this. Was the refund just for the amount of the court fine or did it include enforcement agent fees as well?

Hi BankFodder - The Video footage was lost by Marstons funnily enough, which I found quite lucky for them.

 

I will send details through now

Received thank you.

I have responded by email. If you don't see in your inbox then please check your spam folder

Delighted to hear this. Was the refund just for the amount of the court fine or did it include enforcement agent fees as well?

No it was for their part of what was taken. I chased Marstons for 51 days to get my refund from them