Help needed- I want to take legal action

[stevelift]

Hi, I hope someone can help me here.

 

I am going to take legal action against Marstons. A brief scenario is as follows:-

 

Marstons have about 8 warrants from TFL for congestion charge fines in my name, and one in the name of our Limited company which I started with my wife before we split up. I left the marital home nearly 2 years ago and I am currently living in a touring caravan on a farm. I have informed Marstons twice in writing that I no longer live at my wifes address as they have visited there and made threats to her and previously clamped her car early in the morning just before she was due to take our 2 young kids to nursery and go to work. There were 2 babyseats in the car and the bailiff knew it was my wifes.

Following this I wrote to Marstons a 2nd time on 26th Feb. complaining about their bailiff and again telling them I have not lived there for almost 2 years (I am not on the Council tax bill or the electoral register), and asking them to stop harrassing my wife. They replied saying that because I have no permanant address to give them and my car is still registered to my wifes address that they would continue to go there. I have to use this address in order to get mail etc. which is usually passed onto me now but was not previously as things were not good between us for a while.

Early on Saturday morning the same bailiff returned and clamped my wifes car which is registered in our company name and demanded immediate payment of £3500 or he was taking the car. He only had 1 waarrant in the name of the company which was around £300, but said he was taking her car which is worth around £7000. He caused my wife and 2 young children great distress, so much so that my 17 year old stepson paid the bailiff £2200 of his own money which he had just got from the sale of some musical/recording equipment he had sold, to get him to release the car and go away.

Is he able to take my stepsons money ?

Is he able to take a car worth £7000 for one warrant worth £300?

Should he have even gone to that address as he admitted to my wife he knew I did not live there?

I also want to dispute the ammount as I know that they have added visit fees to all warrants for each single visit.

 

I feel that they have acted very badly in harrasing my wife and the bullying way in which the bailiff dealt with it. When I wrote to them on 26th Feb. I did tell them I could not afford to pay the full ammount in one go and asked if I could make arrangements to pay it off in instalments but this was refused. If necessary I am prepared to take them to court to recover my stepsons money.

 

Sorry it is so long but any advice will be most welcome.

 

Thanks, Steve.

[stevelift]

Has anybody got any advice as to the possibility of getting my stepsons money back?

Is it possible without going to court?

Would i have a case if I did go to Court?

Can they still charge me for visits even though they knew I did not live there?

 

Any advice appreciated.

Thanks.

[hallowitch]

you can send marstons a subject access request this cost £10 it will give you all the info you need they have 40 days to reply to this

or you could send for a screen shot of you accounts this gives you all the action that has been taken by marstons bailiffs name charges/added

times and dates make sure you ask for all 8 warrants

once you get that you can decide what to do next but you need the screen shot before you take any action i don't think you have to pay for this send for it recorded delivery and keep receipt as proof of posting

[stevelift]

Thanks for your reply-what is a subject access request?

[hallowitch]

all the info marstons hold on you there are template letters on here that are S.A.R. for bank charges so that will give you an idea

there is also a very good one on money expert in the bailiff section for the council you could adapt that it gives you every thing you need to ask for

hope this helps

[stevelift]

Thanks, it is helpful.

Will it freeze any further action as he told my stepson he will be back for the other £1300.

[hallowitch]

no it wont freeze any action but it will make them think twice before they take any unlawful action

a bailiffs company know if you are sending for a screenshot or S.A.R. that you think they have done something unlawful

you could always ask them in your letter to suspend any action until the information is received and scrutinised by your solicitor this may stop them

[stevelift]

Can anybody tell me if I can make an out of time decleration for the warrants already paid to the bailiffs as I did not get the letters? If not can I do it for the remainder that he is going back for?

 

Any help greatly appreciated, I am sending the letter today asking for the screenshot and also a subject action request. Do I just enclose a cheque for £10?.

[stevelift]

I have now found out that the one warrant he had for the car he clamped was too early?

Apparantly thier contract with TFL says that 17 days should elapse between the date of the first letter and the date the bailiff visits. The date of the first letter was 22nd April and the date he clamped the car was 2nd May, only 10 days.

 

Incidentally I never received letters from my wife for the outstanding warrants. Some that were passed on were paid in full before it got to bailiff stage and some were paid in full after the first bailiff letter. But as I have tried to explain to my eSTRANGEd wife I could not pay the ones I did not know about. TFL and the bailiffs will have records of the ones I paid in full during this time.

[k1mmie]

Once you have the information mentioned above, you can file a form 4 complaint with the court that issued the bailiff with his certification. If you are not sure what the local court is then do some research on some of these bailiff sites and get a thread for a link to the complaints service at the courts. You can then give them the name of the bailiff and they will tell you which court he is under. Alternatively if you have no name and they refuse to give it to you, then you can send it to the local court of the area the bailiff company are based and they will put the account on hold while it is being investigated.

[stevelift]

I am making out of time stat. declarations but can any body give me the dates for the 2 different forms PE2 & PE3 ?

 

I have seen it on here somewhere but cant find it now, so dont know which form to use for each PCN.

 

Thanks.

[stevelift]

Northampton TEC have emailed me forms PE2 and PE3. Do I fill in and send both forms for each PCN ? As they are very similar forms.

 

Thanks for any help.

[Guest Happy Contrails]

There is a public guide from HM Court Service: http://www.hmcourts-service.gov.uk/cms/files/OOTVEHICLEEMISSIONS1.pdf