Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5279 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

A Man From Marstons Came To My Home For A Debt To The Court For My Son, Who Owed £270 He Had Nothing To Take So They Told Me I Had To Pay For Him As They Could Take Anything In The House Unless I Had A Till Receipt For It. I Told Him Nearly All My Home Has Been Bought 2nd Hand After A Fire I Had So He Said Written Receipts Are No Good So He Could Take What He Wanted. I Had To Borrow Off A Neighbour To Stop Him Taking My Computer & Goods. Is This Legal.

Link to post
Share on other sites

Was the order in your sons name, how old is your son and are you responsible for the fine. Does your son live with you.

The bailiff cannot take anything belonging to you if you are not the one responsible for this debt.

Link to post
Share on other sites

Guest Happy Contrails

I Had To Borrow Off A Neighbour To Stop Him Taking My Computer & Goods. Is This Legal.

 

No its not, the bailiff has committed an offence under Section 2 of the Fraud Act 2006 because he has made a false representation to obtain a money transfer.

 

You can complain to police but they do have a tendency to interpret bailiff crime to be a civil matter.

Link to post
Share on other sites

Is This Legal.

 

No. And its disgraceful.

 

 

You can complain to police but they do have a tendency to interpret bailiff crime to be a civil matter.

 

Because they are ignorant to the laws they uphold.

Dont let them brush you off. Threaten them with a complaint to their own ruling body IPCC

Link to post
Share on other sites

Guest Happy Contrails

Because they are ignorant to the laws they uphold.

Dont let them brush you off. Threaten them with a complaint to their own ruling body IPCC

 

The Parliamentary Ombudsman has more bite than the IPCC.

 

The police are aware of the legal position (Lord Lucas) but they dont like arresting and questioning bailiffs - and putting their DNA samples on the PNC - under the Fraud Act.

Link to post
Share on other sites

Was the order in your sons name, how old is your son and are you responsible for the fine. Does your son live with you.

The bailiff cannot take anything belonging to you if you are not the one responsible for this debt.

The order was in my sons name he is 20 years old, I am not responsible for his fine, he lives in my house & pays board for his room. I told the bailiffs to take what they wanted from his room, they said if he did'nt have anything they can by law take anything in the house if I had no till generated receipt.

Link to post
Share on other sites

Are marstons bailiffs or court enforcement officers. A man from Marston collected on a £45 fine for the court but ordered me to pay £270, not only was it over inflated by nearly500% but it was not my debt it belonged to my son who lives with me & is 20 yrs old. He has nothing to take so they said if my household goods had no till generated receipts they could take my goods. I had to borrow the cash as I beleived him. iT WAS then proven my son did'nt do the crime so the courts returned his £45 but Marstons will not give me the balance of £225 & say they acted within court guidelines, I rang the magistrates & they also say they acted legally, surely this is not true?

Link to post
Share on other sites

Guest Happy Contrails

What was the debt for? (your post says 'Court')

 

Did you pay by card? - if yes then hooray!!

 

Do you want to recover it?

Link to post
Share on other sites

I understand that if they collect on a court fine it should be for the person only and NOT a relative, which is mistake no 1.

 

Mistake no 2 is adding extra charges, there are limited charges for court fines and they have exceeded their authority.

Link to post
Share on other sites

The order was in my sons name he is 20 years old, I am not responsible for his fine, he lives in my house & pays board for his room. I told the bailiffs to take what they wanted from his room, they said if he did'nt have anything they can by law take anything in the house if I had no till generated receipt.

The bailiff should not of taken any money from you for your sons debt, in fact even discussing the debt with a third party without your sons permission was wrong. To say that the bailiff can take your goods is also wrong. You need to now write to the bailiff company demanding they pay you back all the money you handed over. If you did pay by card then I am sure Happy contrails can help you out better here by getting your money back through what I think is called a charge back... Am I write on this one Mr Happy ;)

Link to post
Share on other sites

Guest Happy Contrails
Marstons will not give me the balance of £225 & say they acted within court guidelines, I rang the magistrates & they also say they acted legally, surely this is not true?

 

The Guidelines says there are no fees payable when a bailiff is collecting unpaid court fines: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts. It says …are not allowed to charge you more than the amount you are fined, however, additional costs fro removing and selling goods may be added to the amount you owe.

Link to post
Share on other sites

The Guidelines says there are no fees payable when a bailiff is collecting unpaid court fines: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts. It says …are not allowed to charge you more than the amount you are fined, however, additional costs fro removing and selling goods may be added to the amount you owe.

 

To clarify once again Happy Contrails, the section you keep referring to relates to Civilian Enforcement Officers employed by HMCS. It does NOT cover Certificated Bailiffs collecting Court fines.

 

I really wish you would stop giving people duff information.

Link to post
Share on other sites

Guest Happy Contrails

Can you show the forum the legislation setting a fee schedule for certificated bailiffs collecting court fines without a costs certificate signed by magistrate.

Link to post
Share on other sites

To clarify once again Happy Contrails, the section you keep referring to relates to Civilian Enforcement Officers employed by HMCS. It does NOT cover Certificated Bailiffs collecting Court fines.

 

I really wish you would stop giving people duff information.

 

I SECOND THAT !!!

Link to post
Share on other sites

I third that.

 

Happy Contrails, whilst your contributions are welcome and it is clear you have done your research in many areas you still mislead some of the forum on other points occasionally.

 

One issue I have seen you state repeatedly is that 'High Court Enforcement Officers are just glorified debt collectors and have no powers'.

 

You are incorrect. HCEO's have more power than Certificated Bailiffs, County Court Bailiffs and Debt Collectors. They are the only enforcement officers legally allowed to force entry into Commercial Permises and/or detached garages/barns/lock ups etc (these may be at residential premises).

 

Also they do not have to be invited in to residential properties either. If a window/door is open they may enter as long as it is 'peaceably'. Also, if they enter the property they cannot be forceibly ejected.

 

Just thought I'd thow that lot in... :)

Link to post
Share on other sites

I,m not sure about what steps to take now regarding Marstons as I am not sure what they are actually entitled to do. On the letter it says certified bailiffs & civilian enforcement officers. From answers to my questions it seems they have overstepped the mark in the way they acted but does that apply for CEO's collecting court fines.I have written a letter but dont know how to end it, should I try & appeal to their better nature! for repayment or give them all the legal technicalilties I have read, I'm just scared I may quote the wrong thing. Bearing in mind they acted wrongly demanding money from me for a fine that belonged to my son. My son told him he had nothing so he turned on me. Plus he wouldnt get his foot out the door, I had to sit on the floor as I'm disabled & he wouldnt go & lastly he lied to me so I would pay. He said I ould get every penny back if the Courts refunded the fine when we prove he was innocent. Now he reckons & so do the courts that he acted legally.:confused:

Link to post
Share on other sites

Guest Happy Contrails
I,m not sure about what steps to take now regarding Marstons as I am not sure what they are actually entitled to do. On the letter it says certified bailiffs & civilian enforcement officers. From answers to my questions it seems they have overstepped the mark in the way they acted but does that apply for CEO's collecting court fines.

 

The law does not provide for bailiffs to charge fees for collecting unpaid fines. It doesnt matter if the bailiff is certificated - that is all about having a deposit or bond that protects a creditor if the bailiff absconds with public money. Public authorities require their bailiffs to be certiifated becuase they handle public money and are not civil servants. It doesnt provide for them to charge fees.

 

I have written a letter but dont know how to end it, should I try & appeal to their better nature! for repayment or give them all the legal technicalilties I have read, I'm just scared I may quote the wrong thing. Bearing in mind they acted wrongly demanding money from me for a fine that belonged to my son. My son told him he had nothing so he turned on me. Plus he wouldnt get his foot out the door, I had to sit on the floor as I'm disabled & he wouldnt go & lastly he lied to me so I would pay. He said I ould get every penny back if the Courts refunded the fine when we prove he was innocent. Now he reckons & so do the courts that he acted legally.:confused:

 

If you are disabled then any responsible bailiff should withdrawn from the property. If you have paid then just reclaim it in the Small Claims track - a very simple process. Dont bother with detailed assessment hearings.

Link to post
Share on other sites

  • 2 weeks later...

No still haven't sorted it, sent yet another letter last week. I know its only £225 they owe me but its the lies thay told & the fact that they didnt believe that no offence had ever been commited that p**ssed me off. I am going to take it to the next level as per their manuel if I dont get paid this time.

Link to post
Share on other sites

The bailiff should not of taken any money from you for your sons debt, in fact even discussing the debt with a third party without your sons permission was wrong. To say that the bailiff can take your goods is also wrong. You need to now write to the bailiff company demanding they pay you back all the money you handed over. If you did pay by card then I am sure Happy contrails can help you out better here by getting your money back through what I think is called a charge back... Am I write on this one Mr Happy ;)

 

is the same true for spouse, because marstons visited our house in february concerning an unpaid pcn that I had in my name, I was at work at the time but they told my wife that she would have to pay there and then, or van was just round corner, and they would remove goods. My wife borrowed the money and paid it, but can they ask her for my debt ? £343

Never mind, it could be raining!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...