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Bailiff Advice

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Bailiff Advice last won the day on November 24 2022

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  1. hi i hope some will be able to advise me . all this started on friday 7/01/22 when i picked mail up there was a bailiff card behind the door for my partner i gave him the card apparently it was from a speeding fine . what i didnt know was he had recieved notification of this at our old address . on monday 10th there was another card . having dealt with bailiffs befor and some very good advice from people on here i went and got a Declaration of Ownership . as eveything at my new address is actually mine house land and everything inside as my late mum left everything to me so to back my mums will up and the deeds and land registary documents got the declaration. i emailed this to Marston Recovery and the issuing courts on the monday also to the arrogant enforcement office MARK COOPER . i also said that they were not permitted to come on to my property nor enter . as they were tresspassing  this MARK COOPER text back saying i could stop making idle threats he would get a warrant to enter my property failing that a warrant to use reasonable force . i then emailed the issuing court and got no response and marston totally ignored the declaration also . this then mark cooper told me he could enter my property and i had to make a third party claim . my partner settled the debt but i feel that i have a case due to the nature of the threats they ignoring the declaration and then they courts emailed me to day to say matter closed . i emailed back saying no the matter is not closed as they failed on the declaration  and marston plus the threats and lies . i have every email and text . can i make a formal complaint againts the court and marston. hope you can help 

    1. Bailiff Advice

      Bailiff Advice

      Good morning Trazy, 

      I have never before responded to private questions as the forum do not like it one bit. I can though give you some advice which is that you have been given (or more likely, have read on the internet) some very wrong advice.

       

      I don't know when you last had experience with a bailiff but new regulations came into effect on 2014.  As this is magistrates courts fine....which is a criminal matter, the bailiff has a legal right to enter a property...and in fact, can do force using force. 

       

      If it is the case that the bailiff 'takes control' of any goods belonging to you.....then the law provides for YOU to file something called a 'Third Party Claim' under Section 85 of the Civil Procedure Rules. As this procedure is provided for in legislation, it appears to bypass the need for a person to send a Statutory Declaration stating that all goods in the property belong to you. 

       

       

      What your partner should have done was to  file a Section 14 Statutory Declaration. It would be important to do so given that he would have been given MORE points on his licence and a much higher fine on the basis that he failed to respond to the summons. This should also affect his motor insurance. 

       

      As the debt had ben paid, the court responded to advise that the account was closed. 

       

      There is nothing to stop you from making a formal complaint to Marston or the Court. 

       

      Kind regards

      Sheila 

    2. trazy1

      trazy1

      Thank you I have put formal complaints in today and made sure both the courts and marstons have to sign so they can not say they not received them . Sorry I thought the post was for all to see I not been on for awhile but thank you for your assistance 

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