Hi guys long time no see, hope the old gang is doing well.

Have a huge problem here but please bare with me

My son had huge issues with dvla for a car he sold to a garage.

All paper work was sent off by him but the garage failed to do their part.

He got a letter from dvla saying the car was not insured.

he wrote off to them with all the details stating the car was no longer in his pocession and it had been sold to this garage.

Dvla wouldnt except that so they appealed, again they refused to accept it and again he appealed. Then nothing.

It had gone to court without his knowledge and fined.

Marstons have it on record that they wrote to him in February this year.

But my son has never received a letter from them or a court fine.

Today without any warning a bailiff turns up.

She threatens to take everything in the house bar the children's things.

She was asked to leave.

She then went ahead and clamped the car.

My son who is disabled and his wife who is a very anxious lady both on reciept of benefits so are classed as vulnerable with 2 children told her this and requested if they could pay in instalments by she refused.

No warning was given that she was coming round and they had no idea that a debt even existed.

She had no certificate on her and said it was in the middle of being transferred from Liverpool so she couldn't show it.

Their was no paperwork apart from what she showed on her tablet.

No break down was given.

She called the police and they immediately took her side letting her claimp the car.

She had her mother talking with her and the police officers who lived opposite my son.

Who stood there hands on hips staring at us whilst we tried to reason with this abnoxious woman.

Even try in to push past a 20 of stone man.

1. I thought that they had to give notice that they were coming 7 days before they turned up.

2. I didn't think they could turn up on a Sunday unless via a court order.

She even threaten to take my car off the drive so to get to my son's.

Before this visit she went to a friend of mine.

She clamped her car again with no notice for a debt for her daughter that hadn't lived there for two years.

The car was in my friends name so she hadn't even checked.

She went into the home and told a 7 year old boy to pick out his dba because she was going to take them.

She didnt care how upset this little boy was.

My friend had to pay this bailiff to get the clamp off her car.

Surely this bailiff cannot do this.

The bailiff then proceeded to tell my friend that she will be back to collect other debts of her daughter's that she openly discussed,

her is 21, surely she shouldn't be shouldn't that.

Any advice on this be for i put in my complaints.

By the way the car is worth 1800. The debt was only 600. It was paid but not by my son.

Cheers guys

As they are disabled was there a Blue Badge on the car? Since 2014 they can call on Sunday, I am horrified that Marston behaved in this way, perhaps BA will come along soon.

Hi brassy, no it wasn't in the car and she said it was too late she had seen the car without a disabled badge.

Hi brassy, no it wasn't in the car and she said it was too late she had seen the car without a disabled badge.

Surely calling on a Sunday can't help those who can check on what is happening.

This was totally out of the blue.

She even admitted that there was no other correspondence from marstons since February.

Such a rude and obnoxious woman.

so they can clamp a car not belonging to the debtor.....???

ah read it wrong then..

We need to know exactly what it is that you wish to complain about.

Marston will almost certainly claim that a NoE was sent out and they were quite within their rights to visit today.

Furthermore, the amount outstanding has been paid.

All Marston visits are filmed so it will be a fairly easy task to verify conflicting versions of events.

 

There appears to have been an awful lot of letters not received here,

posted by your son,

the court & Marston.

 

 

It is also worth pointing out that it wouldn't have mattered what the garage did with their slip,

it was your son' responsibility to give details of the new keeper.

 

The only possible thing that may help is if the court paperwork was sent to an incorrect address but I really think that you are wasting your time complaining.

What do you seek to gain from a complaint?

 

 

You must appreciate that a visit from a bailiff is never going to be a happy experience and the bailiff's job is to crank pressure onto the debtor to pay the debt.

If there was a blue badge inside the car, then it shouldn't have been clamped.

If there was no blue badge then the bailiff was entitled to clamp it.

 

 

It may have been prudent to have made more enquiries about the disability and the blue badge but as the clamp was removed, it is hypothetical now anyway.

 

Had the money not been paid, you may well have had a good, strong argument to be allowed to make payments in installments but this issue is also now hypothetical.

 

I would check with the court to see what address all of their paperwork was sent to but as regards to complaining, I don't think that you have much of a case.

You will not get the money back, you will not be compensated and the bailiff is highly unlikely to be disciplined based on what you have posted.

Wow! Did you actually read anything I wrote? For YOUR information I deal with ALL my son's correspondence . I prefer comments from people who are helpful not condescending or patronising.

OH AND EXCUSE ME! " WE NEED TO KNOW" Who is we?

1. No paperr work

2. No idea what court it was as no paperwork.

3 no notice.

4. Everything to do with the car was sent. I sent it I helped appeal twice, then nothing.

Nothing from the court...... No paperwork

Nothing from Marstons only a little note she had on her tablet.

Threatening to take children's items, clamping the wrong car. Discussing the matter with her mother.

No reason for complaint? I havnt started yet.

Hi guys long time no see, hope the old gang is doing well.

 

My son had huge issues with dvla for a car he sold to a garage. All paper work was sent off by him but the garage failed to do their part.

 

He got a letter from dvla saying the car was not insured. He wrote off to them with all the details stating the car was no longer in his pocession and it had been sold to this garage.

 

DVLA wouldnt except that so they appealed, again they refused to accept it and again he appealed. Then nothing.

 

It had gone to court without his knowledge and fined. Marstons have it on record that they wrote to him in February this year.

But my son has never received a letter from them or a court fine.

 

Cheers guys

First things first...when the car was sold to the garage, the responsibility for advising DVLA of new keeper, was with your son and not the garage. Furthermore, a motor dealer would not be required to inform DVLA.

You say that your son had been fined in his absence and furthermore, that the enforcement agent confirmed that Marston had written to your son in February. What this seems to indicate to me is that all notices from the court (the summons, the Notice of Fine/Collection Order and the Further Steps Notice) and the Notice of Enforcement from Marston Holdings had been sent to a previous address.

Has your son moved address since selling the vehicle?

PS: Good to see you back on this part of the forum. Its been a long time !!!

First things first...when the car was sold to the garage, the responsibility for advising DVLA of new keeper, was with your son and not the garage. Furthermore, a motor dealer would not be required to inform DVLA.

 

You say that your son had been fined in his absence and furthermore, that the enforcement agent confirmed that Marston had written to your son in February. What this seems to indicate to me is that all notices from the court (the summons, the Notice of Fine/Collection Order and the Further Steps Notice) and the Notice of Enforcement from Marston Holdings had been sent to a previous address.

 

Has your son moved address since selling the vehicle?

No he hasnt moved in 3 years, he sold the car 2 years ago he sent in the correct paper work. The garage had closed down just after.

He got the notice from dvla and it was appealed twice then nothing. We don't even know what court it was heard at or even when.

 

Nothing from Marstons only a little note she had on her tablet.

If it is the case that Marston Holdings sent a Notice of Enforcement in February and nothing further since that time, it would usually mean that the account had been passed to Marston's 'tracing department '. This was again indicate to me that all notices had been sent to a previous address.

If it is the case that Marston Holdings sent a Notice of Enforcement in February and nothing further since that time, it would usually mean that the account had been passed to their 'tracing department '. This was again indicate to me that all notices had been sent to a previous address.

We asked her if she had the right address and she was adamant the address was correct. She was not very forth coming in giving anything. Not even a payment plan even though shevwas told that the family are classed as vulnerable.

No he hasnt moved in 3 years, he sold the car 2 years ago he sent in the correct paper work. The garage had closed down just after.

He got the notice from dvla and it was appealed twice then nothing. We don't even know what court it was heard at or even when.

If it can be established that all notices from the court had been wrong addressed, then this in itself would mean that your son could contact the magistrates court to get an appointment for a Statutory Declaration.

so they can clamp a car not belonging to the debtor.....???

This is what she did to my friend. She clamped her car before even knocking on the door, my friend had to pay for someone else's debt before she would unclamp the car, she was even shown proof that the car was hers and not her daughter's who didn't even live there.

If it can be established that all notices from the court had been wrong addressed, then this in itself would mean that your son could contact the magistrates court to get an appointment for a Statutory Declaration.

We need to find out what court that was then. Only Marstons know that?

We asked her if she had the right address and she was adamant the address was correct. She was not very forth coming in giving anything. Not even a payment plan even though shevwas told that the family are classed as vulnerable.

I continue to be doubtful about the address used by the courts. This is because, it would be almost unheard of for Marston's to sit on this account since February. Furthermore, the contract that Marston has with HMCTS provides for a very strict period of time for retaining a warrant.

I continue to be doubtful about the address used by the courts. This is because, it would be almost unheard of for Marston's to sit on this account since February. Furthermore, the contract that Marston has with HMCTS provides for a very strict period of time for retaining a warrant.

I will get onto them first thing to request for all paperwork pertaining this matter. I've already got a letter of authorisation to deal with this from my son.

We need to find out what court that was then. Only Marstons know that?

That is almost certainly the 'starting point'. I would suggest that you try calling the enforcement agent in the morning for further details. Please post back once you have done so.

That is almost certainly the 'starting point'. I would suggest that you try calling the enforcement agent in the morning for further details. Please post back once you have done so.

No number on reciept just her name. She refuses to tell me or any one anything. I will have to contact Marstons direct.

No number on reciept just her name. She refuses to tell me or any one anything. I will have to contact Marstons direct.

As you have authorisation, you should be able to make enquiries. You need to find out which HMCTS court had issued the warrant and what address the company had written to in February.

 

I wasn't aware that the DVLA concerned themselves with insurance, they are normally involved in tax and sorn vehicles. If there is a discrepancy with the address,

For the last six years or so.

Right a little update.

I have been up all night with this going over paperwork.

Although no court documents have been received, a letter from Marstons was received on the 1st of march.

An Email was sent to Marstons on or around about the 7th and then again on the 20th as had no response from them. I have proof of both of these being sent.

The bailiff in question is NOT on the bailiff register, albeit she told me she was certificated in Liverpool.

No notice has ever been sent and she admitted that nothing had been sent from Marstons since February.

My daughter in law sent, via emails to prove that it was a vulnerable household.

There was no break down of charges left and as far as my son can remember it was an £80.00 fine for not insuring a car that he sold in early 2015.

They had sent numerous letters as I have said to DVLA stating that the car was no longer in their possession after receiving a letter from Parking eye from up north and please could they change the details accordingly.

A few months later the letter arrived to say the car was not insured, again DVLA was told that the car was no longer in their possession as they had stated previously.

Nothing was ever heard from Parking Eye again so we presumed that DVLA had changed over the details.

Then nothing until February of this year from Marstons. Which was responded to twice.

Marston knew the address, but have done nothing until yesterday.

I am also dealing with another incident with regards to the same bailiff that happened yesterday.

The bailiff was shown proof that the car she had clamped was not the debtors, but refused to take the clamp off until money from a credit card was taken.

she actually tried to take the money twice.

she threatened the lady and her son stating that his mummy would go to prison, she questioned the little boy asking where his sister worked and made him take out all his wii games and said she was going to take them to pay off his sisters debt and if she didnt get payment mummy could be arrested.

The bailiff threatened to call the police and say she had been assaulted but wont call them if the debt was paid.

she made the lady open all her daughters mail so that she could read them.

The lady has been in touch with her credit card company and has stopped her card plus they have explain to her that what this bailiff had done was fraud and they will be taking action.

I am now going to contact Marstons and see what they have to say about this.

Forgot to mention that the amount she was charging was £680.

no it was a cashed deal, the car was sold for scrap value.

There was a receipt, but it was so long ago now its been either binned or lost.

The garage went bust a short while after so we cannot even get a duplicate.

Right a little update.

 

I have been up all night with this going over paperwork.

 

Although no court documents have been received, a letter from Marstons was received on the 1st of march.

 

An Email was sent to Marstons on or around about the 7th and then again on the 20th as had no response from them. I have proof of both of these being sent.

 

The bailiff in question is NOT on the bailiff register, albeit she told me she was certificated in Liverpool.

 

No notice has ever been sent and she admitted that nothing had been sent from Marstons since February.

 

My daughter in law sent, via emails to prove that it was a vulnerable household.

There was no break down of charges left and as far as my son can remember it was an £80.00 fine for not insuring a car that he sold in early 2015.

 

They had sent numerous letters as I have said to DVLA stating that the car was no longer in their possession after receiving a letter from Parking eye from up north and please could they change the details accordingly.

 

A few months later the letter arrived to say the car was not insured, again DVLA was told that the car was no longer in their possession as they had stated previously. Nothing was ever heard from Parking Eye again so we presumed that DVLA had changed over the details.

 

Then nothing until February of this year from Marstons. Which was responded to twice.

 

So Marston knew the address, but have done nothing until yesterday.

 

I am now going to contact Marstons and see what they have to say about this.

Thank you so much for updating the forum with more background information. It helps a great deal.

I would suspect (but I could be wrong) that after receiving the letters from your daughter in law dated 7th and 20th March that Marston may have returned the warrant back to the court. If so, the warrant may have been reissued hence this could explain the absence of any involvement from Marston's until the weekend.

Can I just mention a little about 'vulnerability'. Firstly, exemption does not apply to a 'vulnerable household', instead, it is applicable to the debtor ( in this case; your son). With vulnerability, your son would need to provide evidence to outline what it is about HIS vulnerability that makes it difficult for HIM to deal with the debt.

You mention in your post that apart from the letter that had been received from Marston's in March that your son had not received the summons or any other documentation from the court. In most cases, I would suggest that an application could be made to the court for an appointment for a Statutory Declaration. Unfortunately, I think that this option is not going to be available to your son given that such an application must be made within 21 days of 'becoming aware' of the fine.

Please do post back once you have spoken with Marston's.

no it was a cashed deal, the car was sold for scrap value. There was a receipt, but it was so long ago now its been either binned or lost. The garage went bust a short while after so we cannot even get a duplicate.

I am assuming from your post that the vehicle was not scrapped and instead, was either sold on or used by others connected with the garage. In many cases such as this, DVLA will usually agree to amend their records to remove your son as being vehicle keeper if proof can be given that road fund licence and insurance were cancelled around the time of the disposal.