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seanamarts

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Posts posted by seanamarts

  1. she really doesnt want to get to the court stage, she is going through some serious personal issues at the moment which I cannot repeat, hence why Im helping her with this so to take some of the strain from her.

     

    Depends on whether or not she wants to embarrass the claimant in front of the judge.....the sooner these NWNF outfits are outlawed the cheaper insurance will become.

     

    Oh I totally agree, but she really wants this stopped in its tracks as soon as possible. I just want to do this as quickly and with as little mess as I can and at no costs to my friend.

  2. There was no breach of contract though??

    There was a consultation first, which she signed to say that she had had, but has now denied that she had a consultation and also signed a disclaimer to state that she had no ongoing injuries or illnesses that would be impeded by this treatment.

     

    Wouldnt it be in my friends best interest to send these copies to the solicitor before it even got to court?

     

    Wouldnt it be on the onus of the claimant to prove that the massage caused the torn ligament? as Ive said its nigh on impossible, the type of massage is actually used to help these types of injuries not cause them.

     

    would my friend be in within her rights to request a copy of the doctors report?

  3. Client has stated or written her a letter before claim ?

    The client has never approached her has only gone straight to these no win no fee solicitors.

    My friend had no idea that anything was up until she got this solicitors letter.

  4. Need a bit of advice here for a friend who cannot afford a solicitor.

     

    Quick run down.

     

    Friends is a masseuse, working in many different areas including hot stone massage.

    She is very professional and has done many years in training for what she covers.

     

    A client has decided to sue her using one of these no win no fee companies and has lied stating that my friend didnt get her to sign a disclaimer etc, well I know for a fact she had signed and she has the paperwork to prove it.

     

    Now this client has stated that she had a torn ligament from this hot stone massage, now if anyone has had the pleasure of one of these you would know its nigh on impossible to get a torn ligament, Ive had one myself and its the most relaxing form of massage, not to mention when you tear a ligament which I have its bloody painful and the pain is instant and this client showed no signs of being in any pain when having this procedure.

     

    Now this friend of mine has no liability insurance, only does this part time and has literally no assets to her name, she is also a single parent.

    We feel that this is either someone trying to discredit her because she is a new business or they have some other vendetta against her. Why we have no idea as my friend is the most loveliest lady you could ever meet plus extremely professional.

     

    This is a bit out of my comfort zone but she has requested that I help. There is no way she can afford a solicitor and she is scared that this will reach the court stage and will lose what little she has if this woman wins.

     

    Any advice at this stage would be greatly appreciated.

  5. Always the same with large companies. They think they are beyond the law and can do as they wish. Marstons seem to have lost track of what their Bailiffs should and should not be doing, makes you wonder what training if any some of them get.

     

    Ohhh Ive had this in writing that all their bailiff are fully trained, albeit my particular lady has been sent back to be retrained. Somehow I dont believe them.

    I had actually thought that bailiffs had finally come to terms with being good but they seem to be creeping back to their old ways.

  6. Hi I’m finding this site a little difficult to navigate round so I can’t find the admin email address, it’s all done through a mobile phone mine and his, I don’t know his full name just mr ***** the number provided on the form was a mobile....the car in question was probably in my name, hence the action being in my name but I have had no notification until the hand delivered notice, he said he doesn’t have the registration number of the car, but surely I should have the opportunity to know how much the original penalty notice was for? He says not, it’s all gone past that stage now

     

    Sounds like he doesnt have much info here, he should have.

    This seems to be the norm for Marstons at the moment. Information very basic and not very forthcoming.

  7. Typical Marston bullying tactics, I thought they had dealt with these bullying bailiffs. Obviously not.

    I didnt think they could threaten with a locksmith with regards to this type of fine?

     

    What happened to letters warning people that bailiffs are being involved. Im hearing more and more that this is happening, is this to rap up more charges so to line their pockets?

     

    Might also be worth contacting DVLA, then again they are just as bad with their notifications.

  8. You have 2 routes for non-Compliance of the SAR:

     

    ICO - will probably take forever and no doubt will end up telling them they have been very naughty

    Court - submit an N1 but be warned it is classed as a non-money claim so the fee is reasonably steep. Does make them sit up and take notice though as they could b held in Contempt if ordered to comply.

     

    Dont really want to go the court route and throw money at this as im trying to get money back.

    However Ive been in touch with the DVLA with regards to my sons case and they are not having any of it. Going to stage two complaints with that one as well, They have also told me to make an application to the court with regards to the fine. He was fined £200 plus £130 costs, which I find this very steep indeed. I was on the understanding that this was a £100 fine with £80 costs. Its like they have doubled it. They have admitted that they received a letter stating that the car was no longer with my son and that they had sent back all the relevant paperwork, but that it was too late as now a charge had gone against him.

    So now writing to the court and placing a complaint with the Ombudsman as I know the ICO will drag their feet just as Marstons have done.

  9. Another update, still nothing.

    However I have some good news for the 3rd complaint that was put in. A payment for £235 was returned. However the bailiff in question reported that she didnt attend on the day in question and yet again there was no recordings made even though she was requested by the person to turn it on and she said that it had been turned on.

     

    Still no further forward with the SAR that was sent well over 40 days ago, in fact we are now reaching the 3rd month since it was requested. still nothing on the stage 2 complaint procedure. I have sent in everything they have requested and yet still nothing apart from an acknowledgement that they have received the emails.

     

    So now going to write via snail mail to the CEO and place the complaint with the Ombudsman.

    I cant see what else I can do here.

  10. Take control yourself.

     

    Options include:

    a) https://www.truecall.co.uk for a landline (or the equivalent apps for a smartphone)

     

    b) (Politely!) wasting their time: getting them to hang on while you answer the door, turn off the boiling kettle, reminisce about your childhood or ask them ever increasing questions about their products .....

     

    Im getting these calls 2 to 3 times a day now. You block one number and another one replaces it with the same area code then 814 then the last 3 numbers are different. Even when you answer they put the phone down. Surely this company is breaking some communication law?

  11. I dont know whether to laugh about this or be very cross.

     

    I am helping a friend with his debt with Fredrickson, personally I dont think it should have been passed to them in the first place as its a disputed debt with BT and they have refused to discuss it further with my friend and so then passed it over to these monkies.

     

    I have written to them enclosing a letter of authorisation so that I can deal with this for him.

    However because I used his initial in the address and not his full name, albeit where he had signed his name it is in full and quite clear 3 lines down, they are refusing to deal with me wanting me to put his full name but they havnt said where I should place it??

     

    Their reply.

    Good morning

     

    Thank you for your e-mail.

     

    Unfortunately I am not able to accept the attached as authorisation to discuss this matter with you, as it does not confirm the named person's full name.

     

    I kindly ask if you have are to provide us with another letter providing you with authorisation.

     

    Kind regards

     

    Now if they still refuse to deal with me what would be my next step? Do I place a formal complaint if so to who?

  12. If I provide the link it will show who the bailiff is.

     

    Yesterday I put up some info in a spotted page for clacton,

    just generally asking people if they have had any issues with regards to this bailiff,

    i mentioned no names.

     

    I was overwhelmed by the amount of messages I received from people who have placed in a complaint about her and who wants to complain.

     

    Most of them were for the same thing as I have complained about.

    No 7 day notice

    Threats with a lock smith

    Clamping cars that did not belong to a debtor and not releasing them even when proof has been shown.

    bullying and threats to call the police if they didnt pay.

    Forcing her way into a property when a child answered the door.

    pushing past a heavily pregnant lady to get into the property.

     

    With this complaint, Marstons sent a bunch of flowers and the complaint is still at the first stage.

    Overcharging people, no paperwork showing the fees and charges, the list goes on.

     

    This woman is a total nightmare.

     

    These were all mainly to do with PCNs, some of which could have been taken back to the TEC if people knew they had them.

     

    To top it off, her mother started ranting on that now her daughter is being promoted so she doesnt have to deal with people at their address anymore so she cant be as bad as what people have made out. Seriously!!

     

    If this is the kind of bailiff Marstons want working for them then Im totally shocked that they are letting her get away with this as she is costing Marstons hundreds of pounds.

     

    This woman has only been a bailiff since November last year, she is nothing but a bully and a total liar.

     

    Certainly hasnt been trained to the standards that they are meant to be, unless Marstons are back to their old tricks again.

     

    Today I have had another 2 more people asking for help with regards to placing a complaint against this bailiff,

     

    again no 7 day notice and threats of entry with a lock smith, she pushed past another debtor and placed her foot in the door to prevent it being closed.

     

    Threatened to take tools of the trade and threatened to break into a property because the tools were removed from a works van that was clamped.

     

    This bailiff is waiting over 6 months to execute warrants??

     

    Once again one of these was a vulnerable house hold and this bailiff refused to take this on board.

  13. A little Update.

     

    Well we have gone through stage one of both complaints now and have started on stage two on both.

     

    Monies have been returned to the lady whose car was clamped unlawfully.

    There was footage but we believe that it has been tampered with as the bailiff was there for 2 hours and only 69 mins were recovered, I have requested the footage.

     

    There was some technical issues with it to start with and certain things havnt been dealt with because of this.

    Marstons have partly upheld the complaint and the bailiff is going to be called in by her manager and dealt with.

    The lies this bailiff has told is unquestionable and very serious.

     

    £200 pound has been given back to my son, again there were technical issues with her recordings and nothing was recovered from it.

    Again this bailiff has lied through her teeth.

     

    We have also found out that my son was fined 3 times for the same car on the same day.

    A formal complaint has been sent to DVLA.

     

    I now need to find out why a fine was issued 3 times for the same vehicle on the same day.

    The vehicle is no longer in his name and hasnt been since 2015.

    It had gone to court in May 2016.

     

    This was handed to marstons for collection in February 2017.

    Marstons have denied that emails were sent to them with regards to their financial and disabled status when they requested it,

    2 letters of proof were sent via email 2 weeks apart and proof of this can be seen from email records.

    No 7 day notice was given on both accounts.

     

    I have found out a lot with regards to this bailiff and my personal feelings about this, I feel should be relayed to Marstons.

     

    This particular bailiff made a point that she knew full well what the law was as her husband was a police officer.

    However what she failed to say was that his was dismissed from the police force last year for gross misconduct.

     

     

    Now this is the interesting bit.

    Against the advice of his superiors, he started a private detective business, whilst being a police officer,

    it was later found out and this is the reason he was dismissed,

    that he had been using the police data base for his own personal gain in finding out information for his clients.

     

     

    He was instantly dismissed, he then appealed and lost and was found that it was gross misconduct.

    Now, a few months later this bailiff, his wife, who was a carer, joined Marstons.

     

    What I would like to know is how much private data is she privy too and how much data can she pass on to her husband.

    He still has the private detective agency up and running.

    I wonder if Marstons are aware of this?

     

    Any way, Stage 2 is now going ahead on both accounts. Will update as and when.

  14. I'm still not quite there as that wouldn't explain why your son has not received the more recent correspondence.

     

    The DVLA should be contacted to see what enquiries they made after your son denied again that he did not own the car when the offence occurred and if they responded to your son after the second denial and what adddress they were using .

     

     

    As well as finding out from the Court what address they were using and where that came from as it wasn't your son's.

     

    Nothing has been recieved since 2015.

    Once I have recieved a response from Marstons at what court dealt with it and the case number etc then I can deal with that side of matters and see what address was on there. As the bailiff had no paperwork at all and only showed partial information on her broken tablet which was very difficult to see, I can only act on what she has said.

  15. You fail to understand what the fine is for.

    Vehicles can only be in 4 states.

    Sorn

    Taxed and insured

    Scrapped

    Exported

     

    Your son was fined for being the registered keeper at the time the vehicle was not sorned but had no tax and insurance in his name.

     

    They would of sent letters to the address that the car was registered at...... Not your address.

    That's why you haven't had all correspondence.

    But its been sent to the correct address.

    Your son did not follow the correct procedure in informing the dvla.

    And then did not follow it up.

    Then got warning letters but shrugged shoulders thinking its got nothing to do with me.

    Well it has otherwise the courts wouldn't of issued a warrant

     

    Please read very carefully with regards to what I am about to write. Words from the bailiff herself, that is all I can work on. Fine was for no insurance on the car from the dvla.

    I've never said the letters were sent to my address, please can you point out where I have said this please. I've also not said the correspondence was sent to the wrong address, please again can you point out to me where that has been said.

    The first my son knew something was amiss was that a letter from parking eye was sent to my son at his address that The car was parked over a time limit over 200 miles away.

    Immediately my daughter I law with my help wrote to DVLA and requested that the details be changed on their data base as my son was no longer the registered keeper.

    They wrote back and requested that he send in all information. A letter was written back stating that all relevent paper work had been sent at the time the car was sold. The next they heard was a notice that the car was uninsured sent by MIB

    Again letters were written stating that they were not liable as all relent paper work was sent.

    It went to and fro for a number of weeks then nothing. Since 2015 no sorn letters have come through, not in 2016 or 2017. Now if the car was still registered in his name, those documents would have Been sent which going by records would have been due in May.

     

    Not court papers have ever been recieved, my son is NOT a liar and has no reason too. He has dealt with car and selling of cars all his adult life. Never has he had this type of problem before.

    DONT go around falsely accusing people when you clearly do not have the proof. That IS NOT, what this forum is for.

    Marstons didn't get in contact until March of THIS year. 2 emails were sent and both were not responded too.

     

    Now unless you have anything useful to say then may I suggest you do not continue on this thread thankyou

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