Marston bailiff 1 hr away, urgent help please

[dawnwb]

Some finance companies will let the vehicles go as long as they get their money at the end of the day. As for the form 4 I would hold back on that as of yet as you really need to complain to the council and the bailiff company before you can do this. Its a very long winded process and can be very upsetting and frustrating

 

I would second that, i read somewhere that you must give the bailiff chance to respond to a complaint before you do a FORM 4

Marstons have a complains procedure which has 3 stages, they should be contacting you with details of that shortly, if you dont hear anything by post within 7 days of sending your letter, write to them again. I would also send today, if you havent already, a subject access request asking for a breakdown of fees, send a cheque for ten pounds to cover thier costs for giving you this information, by law they must give you the information within 40 days.

You can complain to the council and I would do this, send them copys of all the letters you have sent to Marstons. The council are resposiable for the actions of the bailiffs they appoint.

Remember to send everything by recorded delivery, its a bit of a pain but you will have proof of postage then.

[maddiemay]

Ah problem is that the debt he is trying to collect, is a CCJ obtained from non-payment of a business debt (business debts are payable forthwith unless you apply to vary the order and pay a fee, which is why it was never done) so this bailiff does not need to be certified and isnt. Form 4 seems to be directed at certified bailiffs. Does it still work in the same way as collecting for the council, ie it gets handed back after a certain amount of visits. Husband is being made bankrupt anyway in Nov by another creditor, should he tell them that or will that just make them be more desperate to get hold of anything while they still can

Thanks Dawn

[dawnwb]

Im not sure about that, how do you know that the bailiff dosent have to be certified?

[maddiemay]

I think I got it from the ministry of justice website, there is a link somewhere on here to check if a bailiff is certified, as he's a high court bailiff possibly thats the difference as he's already been checked before becoming a high court bailiff, if you know what I mean. I may be wrong its not uncommon.

[dawnwb]

Well I dont know I would have thought anyone knocking on your door acting as an enforcement officer would have to have a certificate.

Try posting that question in a seperate thread?

Im sure someone on here will know more about this

[dawnwb]

Maddie, is your husband on benifits now and he has stopped trading?

You might want to use this letter template, i dont know if it is relevent to your hubbys situation but you never know.

 

TO LOCAL AUTHORITY TO REQUEST WRITING OFF BUSINESS RATES.

To: Finance Department.

ABC Council

Anytown

Anywhere

Date:

Dear Sirs,

Re: BILLING REFERENCE No: (enter reference number)

I am writing to you with regards to the arrears of my Business Rates. I am informed that under Section 49 of the Local Government Finance Act 1988, you have the discretion to remit/write off, all or part of my uniform Business Rates, depending on my individual circumstances.

I would be grateful if you could provide me with the necessary forms for completion, so that I can apply under the above act, as I am unable to afford to pay this bill due to (enter brief description of the circumstances:….. for instance:

• I am no longer trading following the closure of my business….
  

• I am now dependant upon benefits….
  

• Not working due to ill health…
  

• The business is important to the local community because, (there is provision for certain businesses to get help in rural areas)
  

While my application is being considered, could you please ensure that any enforcement action is withheld.

I would like to take this opportunity to thank you for your assistance in this matter, and if you have any queries, please do not hesitate to contact me.

Yours faithfully.

Note: Please ensure that you keep a copy of your letter.

 

 

Im still none the wiser on the question about the bailiff not needing a certificate but i will keep looking on the net.

[dawnwb]

Maddie ive just found this

(6A)No distress under this regulation may be made other than by a person who is authorised to act as a bailiff by a general certificate granted under section 7 of the Law of Distress Amendment Act 1888.

 

That was taken from NON-DOMESTIC RATING (COLLECTION AND ENFORCEMENT) (LOCAL LISTS ...

 

I do think hes got to have a certificate but i might be wrong

[maddiemay]

Started a new thread and I'm told, a high court officer (bailiff with a posher title) does not need to be certified as he 'works' for the high court enforcement office via Marston or such like who do the dirty work of the enforcement office. I see it as a bit like a banks in house solicitors who are in actual fact debt collectors.

Enforcement officer = Bailiff with jazzy name hiding behind enforcement office

Banks solicitors = debt collector with jazzy name hiding behind a bank.

I think thats the gist anyway, thanks to all who have shown an interest.

[dawnwb]

Yes I saw that, its unbelivable isnt it! Also ive been getting mixed up with rates and debts! Sorry I think maybe your Husband should see a soloicitor or seek help via CAB? Keep posting though because Im sure someone who knows all about this kind of thing will see your thread soon.

At least you can rest easy knowing they cant touch you and that your stuff is safe. Keep us posted on any developments

[hallowitch]

How do I complain about a High Court Enforcement Officer?

You should seek advice from a Citizens Advice Bureau, an Independent Advice Centre, a solicitor, or a law centre before starting a complaint.

For information about grounds for a complaint, please read the leaflet EX345 About Bailiffs and Enforcement Officers. You can obtain this leaflet from your local county court or download a copy from the website of Her Majesty’s Courts Service. Use this address to access the website version of the form:

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf

You can complain about a High Court Enforcement Officer by telephoning or writing to:

• the firm the High Court Enforcement Officer works for, or

• the High Court Enforcement Officers Association, which is responsible for promoting higher standards within the profession.

Information on the High Court Enforcement Officers Association’s complaints procedure can be obtained by writing to:

High Court Enforcement Officers Association

PO Box 180

Winsford

Cheshire

CW7 2WP

Tel: 0845 076 7785

Fax: 01606 860 260

Email: [email protected]

Website: High Court Enforcement Officer’s Association

[andie_303]

Hi Maddie - has your hubby sent the letter about the cars being on HP and demanding the Levy fees be removed yet.

 

You can also complain to the OFT about Marstons behaviour as the hold a consumer credit licence - complain that despite being informed that your hubby no longer resides at your property they have continued to harrass a vulnerable party who is not the debtor and you believe sending a bailiff to your address in an attempt to force your husband to give them money they are not entitled to (i.e. the illegal levy fees)

 

I would also send a copy to Marstons for their records - registered post of course - so if they claim they weren't aware this time (yeah right) they will definatley be aware in the future and therefore might think twice

[maddiemay]

They did know as they were sent a vunlerable person letter by fax on the 24th but attended today the 28th, although he didn't knock because I assume, I had left the vunlerable persons letter on the door to be on the safe side. I will contact the OFT as we have established that a form 4 is not relevant in this case, its interesting though, how Marstons told, soon to be ex hubby, bailiff or should I say enforcement officer was 1 hour away last thursday and could not be stopped, but he didn't arrive until today Monday.

If I get husband to send the agreements to Marstons they may get finance company to agree to a sale in which case husband would have no vehicle to continue his work.

Finance company have never taken legal action because the agreement I requested can be in no way whatsoever be legal, I have 3 copies all different!! so hubby pays that, as and when he can and they seem to accept it, the last thing he wants is for Marstons to give them the easy route and take it and sell it for them without us having a chance to say hang on Judge thats a dodgy agreement. Sorry to be so confussing Andie.

[sillygirl1]

Maddiemay - you must NOT go ahead with giving any agreements to Marstons, they have NO LEGAL RIGHT to the documents.

 

If you do not listen to the more experienced people on this site the situation is going to get worse, rather than better. I am reporting this post to the moderators as you need more help than some of the posters have been giving.

[maddiemay]

No I will NOT give Marstons anything and I thank you for the warning, will have to learn to be less impatient, I always want everything all tied up so I can move on to the next one and believe me there are loads, when in actual fact I spread myself so thinly I dont ever acheive an outcome to anything, must slow down and take everything in, before I do anything.

Thanks for pointing it out

[sillygirl1]

You sound very much like me at the moment, I've got lots of odd bits that don't seem to want to be tied up neatly which are really annoying me...

 

I still think a Form 4 is in order as he has clearly made an invalid levy and that alone is grounds for a formal complaint.

[maddiemay]

I did complete and print a form 4 but then was advised to complain to Marston first, I supose it wont do any harm really to write to them, they may remove the fee's. Worth a try, at least I will feel as if something concrete is happening.

[dawnwb]

Maddie here is some info from consumerwiki by tomtubby about what you should do before you complete a FORM 4 complaint.

 

BEFORE COMPLETING THE FORM:

 

If possible, you will need to ensure that you have first written to the bailiff company to request a complete breakdown of the fees and charges. You will find a Subject Access Request letter here: Bailiffs: Subject Access Request where you will see that we have provided a letter that can be sent to the bailiff company. By law, they must comply with this. Their response to your request is very important in order to establish whether they have overcharged you. In addition, in our How to Complain section on the front page, you will see details of the different offences, ie: illegal distress, irregular distress, or excessive distress etc that can be used as the basis of your Form 4 Complaint.

 

So i will stand by what I said before send subject access request and let them deal with it through thier complaint procedure.If at the end of that you are not satisfied then issue a FORM 4.

As you know Maddie im not very experienced in these matters but ive read a hell of alot over the last week or two and i knew i had read it somewhere lol.....So there you go, Tomtubby is regarded as the expert in bailiff matters and that is what she says.

Bailiffs: Complaint about Certified Bailiff - Consumer Wiki

 

That is the link to the full artical by tomtubby about FORM 4 complaints. I hope it helps and remember.....CHILL!!

[dawnwb]

Sorry I forgot to say, that stuff that HALLOWICH posted looks like the correct route to go down should you wish to make a complaint to the court.

[ploddertom]

How do I complain about a High Court Enforcement Officer?

You should seek advice from a Citizens Advice Bureau, an Independent Advice Centre, a solicitor, or a law centre before starting a complaint.

For information about grounds for a complaint, please read the leaflet

EX345 About Bailiffs and Enforcement Officers. You can obtain this leaflet from your local county court or download a copy from the website of Her Majesty’s Courts Service. Use this address to access the website version of the form:

www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf

You can complain about a High Court Enforcement Officer by telephoning or writing to:

• the firm the High Court Enforcement Officer works for, or

• the High Court Enforcement Officers Association, which is responsible for promoting higher standards within the profession.

Information on the High Court Enforcement Officers Association’s complaints procedure can be obtained by writing to:

High Court Enforcement Officers Association

PO Box 180

Winsford

Cheshire

CW7 2WP

Tel: 0845 076 7785

Fax: 01606 860 260

Email: [email protected]

Website: High Court Enforcement Officer’s Association

 

 

Hi Maddie

 

AS you now know it is a whole different ball game dealing with an HCEO, they play with a different set of rules and bend/ignore them at will, the charges are also vastly different and very expensive.

 

I see hallowitch has responded above but IMHO the problem is that they are self regulating and to date I do not know of anyone who has successfully complained. Although I don't know much about Marston's, I do about another one.

 

Have you had a list of charges they have added to your account if so put them on here and we'll have a look. If you're not comfortable about that send me a PM and I'll let you know what I think. It may also be a good idea to contact "lets fight bailiffs" as he is active with HCEO's at present and is gathering information for submission to the MOJ.

 

Good Luck

 

PT

[maddiemay]

Ok thats great advice and I will read through everything, the only paperwork husb has is the walking possesion paperwork (which he didnt sign) so a list of fee's in a must. Im off out today to start my condition management course arranged by DWP so I wont be around until later. I cant tell you how grateful I'am to everyone, the feeling of not being judged and people actually care is better than any condition management the DWP can offer.

Maddie:D