Marston Group - Profiteering on those in Financial Difficulty Due to the Downturn in Economy? Lets fight back

[MarstonGroupComplaints 1]

I was contacted by Marston Group after falling into difficulty due to two commercial debts in my name. Judgement was entered and one week after Judgement was entered against me and on both occassions I received a letter from "Marston Group High Court Enforcement Officers", the letter stated that they were in possession of a High Court Writ to remove my belongings to recover the debt. The letter stated that the original debt of £670 would increase by £250 for "fees" associated with the costs of executing the Warrant. Numerous other charges and interest have been applied and I consider the amounts to be unfair and they do not relate to the amounts claimed on the judgement by the claimant.

 

The amounts claimed by them to the best of my knowledge had not been applied to before a court and in fact it was Marston Group that applied these charges simply for receiving the case file on a recently issued judgement and prior to allowing sufficient time for the judgement debtor to come to an arrangement to repay the creditor. This could be seen as an abuse of the courts process and an unnecessary intervention by Marston Group which is clearly nothing more than an effort to extort money from those thay may be in financial difficulty due to the downturn in economy.

 

I am an educated businessman with a good understanding of UK law. The way in which Marston Group has acted by using threatening behaviour which can often be conveyed to be aggressive and in a manor likely to cause alarm/harrassment/distress to the receiving party could be deemed to be unlawful. I intend to gather as much evidence as possible in order to prepare a case against Marston Group and to fully expose their actions to the public, the courts and the HCEOA.

 

Today, the 10th of December 09, I contacted Marston Group in response to the answerphone message I received to the effect of "Mr xxxxx, its Mr xxxxx calling from the High Court Enforcement Office, I will be attending your property today to remove your possessions as you have not kept up to date with two warrants. I have received 7 of these messages which I have logged.

 

Marston Group records all calls, therefore they have logs of any calls which can be examined to substantiate allogations of threats made during calls which cause unnecessary alarm and harrassment to those who have had similar experiences.

 

Prior to receiving this threat I had contacted Marston after speaking with the Consumer Debt Helpline. I had offered to pay the maximum I can currently afford on both debts; £15 per month. I had made payments on these terms however Marston staff advised me that they will still continue with enforcement action even though I have made payments. I am applying to have both cases relised at Court as I dispute the amounts claimed in relation to the bailiff fees.

 

I am in possession of a local newspaper article whereby Marston Group Bailiffs injured a girl over a £30 parking fine. Again in this case Marston applied extortionate fees to the debt. I have read several other articles in this forum where others have received similar occurances which could be deemed to be unlawful. Here is the link: Girl hurt in bailiffs row - COMMENT ON THIS STORY - Scarborough Evening News

 

I greatly appreciate any input from those who have had past similar dealings with this company. PLEASE PM ME or respond to this topic and I will contact you. I intend to carry out a full private investigation into their actions, evidence shall then be presented to The High Court Enforcement Officers Association, to the Financial Ombudsman and as evidence in any eventual claim the parties may make as a result of the findings.

[MarstonGroupComplaints 1]

More people that have been violated by this group: Hounded by Marston Group over a debt I don't owe - Investigations

[F_DCAs 230]

What exactly does it take to get these chancers closed down, and its directors barred from holding any kind of managerial position?

[ploddertom 2,673]

 

I greatly appreciate any input from those who have had past similar dealings with this company. PLEASE PM ME or respond to this topic and I will contact you. I intend to carry out a full private investigation into their actions, evidence shall then be presented to The High Court Enforcement Officers Association, to the Financial Ombudsman and as evidence in any eventual claim the parties may make as a result of the findings.

 

Probably going to the HCEOA is a worthless exercise as it is a self regulating organisation run by other HCEO's. There is no Regulating authority for these people. Probably better off forwarding things to MOJ or a crusading newspaper.

 

PT

[High Court Enforcer 67]

Any HCEO acts in accordance with the Writ that is passed to them after judgment was obtained in favour of the claimant. On a Writ of Fi Fa (which I would guess this is) they are commanded to seize in execution your goods, chattels and other property.

 

I can see nothing wrong with what has occured so far.

 

If you cannot afford to pay or your offer is refused by the claimant (which at £15 per month I'd imagine it would be) then Marstons enforcement officers shall attend your address (and others if they contain your assets) and remove them to sell at auction.

 

Whether you like this or not is irrelevant. This is the job of the HCEO.

 

Judgment has been passed and you are deemed liable. I would suggest you find a means to pay.

[Nintendo Pü 157]

The OP makes no mention of being allowed to make a defence. He should therefore make an application for the order to be set aside giving compelling evidence documents were not served on him at his current address.

[High Court Enforcer 67]

No Nintendo, the defendant acknowledges the debt and judgments, therefore if he cannot pay his goods should be removed.

 

You are merely encouraging him to break the law by lying that he hasnt received the documents. You have to have the grounds to set judgment aside, not just make things up.

[twonames 1]

No Nintendo, the defendant acknowledges the debt and judgments, therefore if he cannot pay his goods should be removed.

 

You are merely encouraging him to break the law by lying that he hasnt received the documents. You have to have the grounds to set judgment aside, not just make things up.

 

Quite true, people complain about bailiffs breaking laws lieing, but some on here are so quick to offer help, that is encourage people to lie, slightly confusing morals

 

Just As bad in my opinion

[RaeUK 2,018]

Hi MGC, I can't see anything in the OP other than you are - perhaps - in financial difficulties. You may or may not fall into the vulnerable category which is as follows:

 

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

 

Should you fall into this category than you can apply for a re-hearing at the appropriate Magistrates Court.

 

 

Rae

[RaeUK 2,018]

Quite true, people complain about bailiffs breaking laws lieing, but some on here are so quick to offer help, that is encourage people to lie, slightly confusing morals

 

Just As bad in my opinion

 

Just to clarify, twonames, some on here are indeed quick to offer help. I have yet to find any post advocating lying or avoiding the debt. Simply providing information, help, and - where applicable - points of law is hardly 'confusing morals'!

 

Rae

[wonkeydonkey 800]

Quite true, people complain about bailiffs breaking laws lieing, but some on here are so quick to offer help, that is encourage people to lie, slightly confusing morals

 

Just As bad in my opinion

 

twonames: how apt, I assume the second of those names is "off"

perhaps you are just hungry and await ploddertom's christmas treat for bailiffs!

 

wd

[infiniteseeker 1]

Well I am wondering if perhaps there is a Common Law Remedy, I am in a very similar situation and am continually seeing the word PERSON or DEBTOR used in reference to me, i decided to take a friends advice and look up the word PERSON in a Law dictionary:

 

Person - The Revised Code of Washington, RCW 1.16.080, (I live in Washington State) defines a person as follows: "The term 'person' may be construed to include the United States, this state, or any state or territory, or any public or private corporation, as well as an individual."

 

 

Person - Black's Law Dictionary 6th Edition, pg. 791, defines 'person' as follows: "In general usage, a human being (i.e. natural person), though by statute term may include labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers."

 

 

Person - Oran's Dictionary of the Law, West Group 1999, defines Person as: 1. A human being (a "natural" person). 2. A corporation (an "artificial" person). Corporations are treated as persons in many legal situations. Also, the word "person" includes corporations in most definitions in this dictionary. 3. Any other "being" entitled to sue as a legal entity (a government, an association, a group of Trustees, etc.). 4. The plural of person is persons, not people (see that word). -

 

 

Person - Duhaime's Law Dictionary. An entity with legal rights and existence including the ability to sue and be sued, to sign contracts, to receive gifts, to appear in court either by themselves or by lawyer and, generally, other powers incidental to the full expression of the entity in law. Individuals are "persons" in law unless they are minors or under some kind of other incapacity such as a court finding of mental incapacity. Many laws give certain powers to "persons" which, in almost all instances, includes business organizations that have been formally registered such as partnerships, corporations or associations. -

It would seem one is incorporated into Society through some underhanded means, possibly at birth; relinquishing Common Law rights in exchange for Legal privileges for which, one seems to require a Legal personality evidenced by such things it would seem, as the title Person(as opposed to Man), Social Security Numbers, Certificates of Live Birth and the obligation to obtain various Licenses to commit perfectly lawful activities.

 

That the body of Statutes we are subject to in UK is utterly confusing, written in confounded language and requires trained professionals to interpret (for a price) does nothing to help matters, we are subject to a system we don't understand, and once again I am reminded of the quote:

 

"Every society is judged by how it treats the least fortunate amongst them"

 

Is it coincidence that the MAGI of old, the High Priests lend their name to Magistrates?

 

Magi

Pervasive throughout the Eastern Mediterranean and Western Asia until late antiquity and beyond, Greek mágos "magian"/Magician was influenced by (and eventually displaced) Greek goēs, the older word for a practitioner of magic, to include astrology, alchemy and other forms of esoteric knowledge.

[twonames 1]

twonames: how apt, I assume the second of those names is "off"

perhaps you are just hungry and await ploddertom's christmas treat for bailiffs!

 

wd

 

wonkey donkey did i hit some home truths, no the second name is "you" just in case you cant work out the fisrt edit)

Edited December 16, 2009 by IdaInFife
bypass of swear filter

[twonames 1]

OP acknoledges debt and admits recieving two letter from Marstons, he obviously new about the previous proceeding otherwise his arguement woul have been poste in a completely different section,

 

Nintendo, is trying to suggest the otherwise, no!

[infiniteseeker 1]

What exactly does it take to get these chancers closed down, and its directors barred from holding any kind of managerial position?

 

I think it's the whole industry and culture of "vampirism" that needs to be removed so people can be free to enjoy a peaceful and abundant life, that is what I was born for, to enjoy peace, prosperity and brotherhood, not simply to be a cash cow for the state to milk by use of they're various taxes and revenue collection agencies.

 

It would seem to me even PEACE OFFICERS (are they even called that anymore?) are little more than tools used by the state to collect revenue.

[wonkeydonkey 800]

OP acknoledges acknowledges the debt and admits recieving receiving two letters from Marstons, he obviously new knew about the previous proceeding otherwise his arguement argument would have been poste posted in a completely different section,

 

Nintendo, is was trying to suggest the [delete]otherwise, no!

 

I apologise if my post offended you, I can now clearly see you are qualified to be a bailiff. It was very remiss of me not to have recognised you are perfectly entitled to speak out in support of your collegues. Strangely enough I had a similar reaction which allowed me to speak out in support of cag members, who I think and surely you cannot fail to agree, are in need of great support during the period of the aftershock following a bailiff visit.

[wonkeydonkey 800]

Nintendo, is was trying to suggest the [delete]otherwise, no!

 

Nintendo made no suggestion, he/she merely appraised the post and made comment. Is your "no!" question or comment?

[wonkeydonkey 800]

I think it's the whole industry and culture of "vampirism" that needs to be removed so people can be free to enjoy a peaceful and abundant life, that is what I was born for, to enjoy peace, prosperity and brotherhood, not simply to be a cash cow for the state to milk by use of they're various taxes and revenue collection agencies.

 

It would seem to me even PEACE OFFICERS (are they even called that anymore?) are little more than tools used by the state to collect revenue.

I find your posts bring sanity and serenity to a confused society.

 

thank you

[RaeUK 2,018]

...Is it coincidence that the MAGI of old, the High Priests lend their name to Magistrates?

 

Magi

Pervasive throughout the Eastern Mediterranean and Western Asia until late antiquity and beyond, Greek mágos "magian"/Magician was influenced by (and eventually displaced) Greek goēs, the older word for a practitioner of magic, to include astrology, alchemy and other forms of esoteric knowledge.

 

I'm sorry infinite, whilst I do like your version, I'm afraid the truth is a little less magical!

 

Magistrate derives from the Middle English word magistrat, denoting a "civil officer in charge of administrating laws" (c.1374); from the Old French magistrat; from the Latin magistratus, which derives from magister (master), from the root of magnus (great).

 

Rae

[infiniteseeker 1]

Excellent information Rae, have you much of an interest in the study of words and their meaning?

 

I find your posts bring sanity and serenity to a confused society.

Hi Donkey, i study the works of Thomas Paine and John Locke, I believe Government and the Law was created by people for the good of people, now it seems people exist for the good of the government and to produce revenue for the state and corporations.

 

There comes a time when the operation of the machine becomes so odious, makes you so sick at heart, that you can't take part, you can't even passively take part, and you've got to put your bodies upon the gears and upon the wheels, upon all the apparatus, and you've got to make it stop. And you've got to indicate to the people who run it, the people who own it, that unless you're free the machine will be prevented from working at all.

-Mario Savio

I can assure you all the time is near at hand.

Edited December 16, 2009 by infiniteseeker

[wonkeydonkey 800]

Hi Infinateseeker (love that title)

 

I think "The real man smiles in trouble, gathers strength from distress, and grows brave by reflection." is perhaps the one I consider to be the most applicable for those seeking help on this wonderful site.

It is dangerous to be right when the government is wrong.

[twonames 1]

I apologise if my post offended you, I can now clearly see you are qualified to be a bailiff. It was very remiss of me not to have recognised you are perfectly entitled to speak out in support of your collegues. Strangely enough I had a similar reaction which allowed me to speak out in support of cag members, who I think and surely you cannot fail to agree, are in need of great support during the period of the aftershock following a bailiff visit.

 

I am the first person to admit that my written English, is appauling.

Some of us have not had the luxury of being able to have a full education

 

Some of us have been in and out of foster care since a early age, suppose i could blame the system for letting me down

[seanamarts 1,034]

Some of us have not had the luxury of being able to have a full education

 

Some of us have been in and out of foster care since a early age, suppose i could blame the system for letting me down

 

I spent most of my childhood in and out of care, left school at 15 , went to 18 schools, I now work for that system.

when you get to a certain age in life you have choices to either better yourself or not, I find it very sad that you have blamed the 'system' for letting you down, just because you have had a bad start in life it dosnt mean you have to carry that around with you for the rest of your life.

[twonames 1]

I spent most of my childhood in and out of care, left school at 15 , went to 18 schools, I now work for that system.

when you get to a certain age in life you have choices to either better yourself or not, I find it very sad that you have blamed the 'system' for letting you down, just because you have had a bad start in life it dosnt mean you have to carry that around with you for the rest of your life.

 

My sarcasm didnt carry over very well, i dont blame the system at all, I am 100% happy with my life, well maybe 95% happy.

[seanamarts 1,034]

My sarcasm didnt carry over very well, i dont blame the system at all, I am 100% happy with my life, well maybe 95% happy.

:-|