Marston Group

[Lonsdale1]

John Martson were appointed HCEO's for a debt I owed.

 

I agreed to pay by monthly installments to them, but due to lack of income, my last cheque to them was returned by my bank. Martson wrote to tell me this and I contacted their office to come to a solution. They told me that I could not make new proposals and that the debt should be made in cleared funds that day otherwise they would send removal contractors in to seize goods. I informed them that I did not have the monies available that day and wished to make a new schedule of payments. They said this was not possible. I told them I had moved from my Wife's house, as we were splitting up and she was seeking a divorce. She asked me to ensure that baliffs would not visit her house. (it belongs solely to her and I have no claim on her house) Despite this an officer did call when my wife was out and left a note. She beacame furious with me for allowing an officer to call. I called John Marston and they said she would need to contact them to stop them calling at her house.

Since, they have now declared that I can make new arrrangements, but now their charges have gone up to £1,200. I asked for a breakdown, which I was told I would not get, but have this morning recieved a letter saying they are based on HCEO Regulations 2004 at shedule 3. I believe they have charged for a visit, although they did know I was not residing at the address they had on file, so it was fruitless. Do they need to show a breakdown of their costs, plus, why did they say I could not make a new payment agreement when clearly I can. Are they deliberately doing this to increase their revenue? I have tried to converse by email, as I wish to record the events, plus I find them agressive and intimidating, so do not wish to speak with them on the telephone. The officer contacted me by my mobile last week and declared that I should not contact him by e-mail as he 'does not work this way'

 

Your comments would be appreciated.

 

Many thanks

[Guest BURP]

The bailiff indicates they are already holding a walking possessions agreement, have you signed an agreement that lets them send contractors in to seize goods? If there is no agreement then the bailiff is exceeding his authority by threatening you in this way. At a minimum the bailiff is being unreasonable. The bailiff is correct in saying that your wife needs to write to them and ask them to stop calling. There have refused you a breakdown? Write and ask them for one (others on this forum may disagree with me on this point) but you have a legal right to know the fees before you pay them. Was the original debt pronounced in the high court? or was it transferred up from a county court solely for the purpose of enforcement. A different set of bailiff fees may apply. Never speak to a bailiff by phone, never open the door to one and keep all communication in writing hereforeward.

 

Your wife needs to send this to the bailiffs.

 

The Managing Director

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REFS] Restraint from committing harassment

 

I write following your bailiff harassing me by making unsolicited visits to a non debtor property being [ADDRESS AND POSTCODE OF PROPERTY]pretending he has a right to send in contractors to seize goods without a valid levy contrary to Section 1 of the Protection of Harassment Act 1997. Your bailiff should know his action amounts to harassment and intimidation to me and others and is causing undue distress to them. I formally request that you instruct anyone under your control to stop behaving in this way.

 

For the avoidance of doubt if there is any repetition of this behaviour by anyone at anytime (subject to statutory limits prescribed in the Limitation Act 1980) I believe to be representing your firm I will enter no further correspondence with you and automatically file a claim at court an application for a restraining order to be served on your firm's principle director and I will make a criminal complaint to police under Section 2 of the Act.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

YOUR NAME

 

 

Bear in mind an HCEO doesn't need to be certificated but....

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Opportunity to refund and compensate for fee error

 

I write following visits by your bailiff, however there appears to be an irregularity with your fees and I ask you to provide the following within fourteen (14) days:

 

a) The name of the certificating court and certificate number for the bailiff in charge

 

b) Written confirmation of your fees and charges

 

c) Truthfully confirm in writing they are lawful according to prescribed legislation

 

d) The name and address of the person or body you act for

 

If you cannot complete the above, please unconditionally pay me within fourteen (14) days a refund of all unlawful fees and unconditionally pay me compensation of £4999.00 for failure to comply with the law and I will consider this aspect of the matter closed.

 

If I later find an irregularity with your fees within the statutory time limit of 6 years prescribed under Section 2 of the Limitation Act 1980, I will enter no further correspondence with you and automatically file a Form 4 at court for committing offences under the Fraud Act 2006. This may also involve a criminal investigation by police and your firm's director(s) may receive a criminal record for fraud, assisting an offender and benefiting from proceeds of crime.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

[Lonsdale1]

Thankyou for this information, I'll ensure that the letters are completed and sent to them today.

 

I did not sign any agreement that lets them sieze any goods, however, I have recieved today, yet another note saying 'the excecution has not been settled and now write to give fair warning that my officers will attend my premises with REMOVAL CONTRACTORS on 19/11/08.' They go on to say that I should budget for approximately £300.00 for the first hour or part thereof and £250.00 per hour thereafter.

 

This is a copy of an email I sent to them on 24th October 2008:

 

Thankyou for your text message.

I would like to make my proposals to finalise the payments due to your client ***** UK limited. So I can calculate what I can afford, I require you to show me a detailed account of all monies paid to date, (together with receipts) and what is outstanding, including any of your costs, which may or may not be applicable.

I will not telephone your office due to the abrupt, rude and threatening manner in which your officers seem to conduct themselves. Therefore, until I am convinced that their tone has improved, I would like to converse via e-mail.

******* ********

 

 

 

 

Again they have my wife's address, which they will attend. She has telephoned me and said she is extremely frightened and annoyed at the situation.

[Guest BURP]

Keep a copy of that document, the law doesnt provide them to charge waiting time and you have a right to make a complaint to police.

 

To whom it may concern

Name of Police Station

Address line 1

Address line 2

Address line 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Report of fraud and extortion.

 

I was visited on [DATE] by [NAME OF BAILIFF(S)] who I understand might be a bailiff from [NAME OF FIRM].

 

I have enclosed a copy of a document which was given to me by the bailiff and says they will charge fees which I understand are not prescribed in law. I understand this is misrepresenting his authority and commits a criminal offence under the Fraud Act 2006. I understand I am also a victim of extortion and no such power to commit any crime in this way without having permission from a Magistrate.

 

To assist police to perform a thorough and objective criminal investigation I enclose a copy of the document which details the name of the person making the threat.

 

I am happy to stand as a prosecution witness and provide a statement for the proceedings and you can contact me on [PHONE NUMBER] to arrange this. Meanwhile, please provide me with a crime reference number.

 

Yours Faithfully

 

 

 

[YOUR NAME]

Enc copy of threat document

[Guest BURP]

Sorry forgot to add.

 

If the original debt was pronounced in a county court (the bailiff is enfoircing a CCJ) then the fees should comply with the County Court Fees Order(Amended 1994) 1982

 

If the original debt was pronounced in the high court (bailiff is enforcing a writ) then Schedule 3 of Regulation 13 of The High Court Enforcement Officers Regulations 2004

 

Amend your letter as required.

[cas28]

Hi

marstons towed my car away today for a PCN i was disputing...... i have asked them if they are able to accept monthly instalments, they said no and if i dont make payment within 7 days my car will be sold.

 

i havent got the money to pay is there anything i can do? help

[Lonsdale1]

I do actually believe that cash is always better than goods, so would ask Martson's to accept a payment scheme from you. You would need to pay the first payment in cash / credit card, so they have cleared funds and maybe send post dated cheques thereafter. As they already have your car, they would be unwilling to return it until all the fees are paid. I not entirely sure, but if you show you are willing to pay and demonstrate this by making a payment, they should see some sense. It maybe best to seek some professional advice. First hour is uaually free with a solicitor

 

You're in a difficult postion when they have goods. I'm not sure what you owe and unsure what a PCN is, but if your car is worth less than you owe them, it would be in their interest to get cash payments from you. Good luck! Un masked 'Dick Turpins' are all they are!!!