Please help before one of us breaks down?

[Scorpion666]

Well surprise surprise!

We send subject access requests and file our small claim for unlawful charges both within the last week and guess what we got this morning at 8.54am?

A voice text from the bully bailiff saying "Mr. McGovern has given long enough for payment, goods will be removed poss after 12 today"

:evil::evil:

Now what?

[Scorpion666]

Not impressed with the court either, visited them to try and speak to their contracts manager or to get some sort of help, what a waste of time! They don't have a contracts manager apparently and say its nothing to do with them!

[Scorpion666]

I really don't believe the arrogance of Marstons and this bully!!! After last tuesdays events & other recent action we have taken we thought they might have got the message and realised we are not giving up without a fight!

We have today checked our home phone line to find a voice message from the bully (message left at 11.54am yesterday) saying "this is the court bailiff and I have a notice to remove goods, I will be attending very shortly or first thing Monday" he goes on to say that we need to let him know if a locksmith is required as this will add costs!!!

Can't believe they are still trying to enforce this when the account is clearly in dispute and the relevant authorities are involved!

Can anyone advise what else we can do?

Should we do a Form 4 complaint? After reading some of the threads about form 4 complaints we are a bit confused about the legalities and the procedure

[ploddertom]

I've been reading back through this thread and wonder if you can confirm a few details.

 

Forgetting about your claim for overcharges etc am I right in thinking you still have monies outstanding to Marstons. If so this will be the reason for said "gentleman" to harangue you for their cash.

 

You said you have submitted a SAR request - I assume you paid the £10 but did you specifically say this was to be used for SAR and not reduce your debt. Did you sent SAR by Signed For or ordinary post - has the £10 been cashed yet.

 

Have you made a formal complaint to both Marstons & HMCS about this Bailiffs attitude. He alludes to a locksmith - has he ever had a Walking Possession/Levy - has he ever been in your home.

 

Have you actually paid the £225 you say they have overcharged you. If so why is he coming back. If you didn't pay it then you may have jumped the gun in submitting your N1.

 

Sorry to be a pain in asking these questions but am trying to clear my head as to what is actually happening here.

 

PT

[Scorpion666]

I've been reading back through this thread and wonder if you can confirm a few details.

 

Forgetting about your claim for overcharges etc am I right in thinking you still have monies outstanding to Marstons. If so this will be the reason for said "gentleman" to harangue you for their cash.

 

We allegedly owe them their extortionate fees!!! Nothing else......our fine is paid and confirmed as paid in July.

You said you have submitted a SAR request - I assume you paid the £10 but did you specifically say this was to be used for SAR and not reduce your debt. Did you sent SAR by Signed For or ordinary post - has the £10 been cashed yet.

 

Yes we did it by the book used a template letter from this forum spefically saying the £10 was for the SAR and we got a receipt for posting not signed for as asvised on here that signed for letters are normally refused. No the cheque hasn't been cashed yet.

 

Have you made a formal complaint to both Marstons & HMCS about this Bailiffs attitude. He alludes to a locksmith - has he ever had a Walking Possession/Levy - has he ever been in your home.

 

Yes if you read back through the thread you will see we have done everything within the law and as per advise given and letters have been sent to the the top dog at Marston's too. No he has never even had the balls to knock or ring the bell he just sneaks up the path and posts his nasty note into the letterbox and scurries away.

 

Have you actually paid the £225 you say they have overcharged you. If so why is he coming back. If you didn't pay it then you may have jumped the gun in submitting your N1.

 

We paid one sum of £225 back in September and he is now asking for another £225 so we have the N1 as we should have.

 

Sorry to be a pain in asking these questions but am trying to clear my head as to what is actually happening here.

 

PT

 

If you need anymore info then I am happy to send you the full detailed story, I have it written up as its been sent to several people already.

Edited February 7, 2010 by Scorpion666

[hallowitch]

Not impressed with the court either, visited them to try and speak to their contracts manager or to get some sort of help, what a waste of time! They don't have a contracts manager apparently and say its nothing to do with them!

 

 

You can complain about a non-certificated bailiff by telephoning or writing to:-

• the firm that the bailiff works for;
  
• the organisation who employed the bailiff to act on their behalf. Some of these organisations, for example local authorities have complaints procedures in place and information on how to complain can be obtained from them; or
  
• the magistrates' court that issued the enforcement order.
  

About Bailiffs and Enforcement Officers

[Scorpion666]

We have already sent written complaints to the court that issued the enforcement order (that is the court I'm not impressed with!) and to Marstons which has not been acknowledged or addressed. No-one seems to want to or be able to stand up these people, why? This is so frustrating!

[Scorpion666]

We have received another message today; a voice text at 2.12pm today saying "We have been instructed by Mr. xxxxxxxx to remove goods under the power of section 4 of the crime and victims act to enter by force with a locksmith where required to execute this warrant plus costs, to avoid this action and make payment call 0xxxxxxxxxx. this will take place this aft plus costs"

Funnily enough he (or anyone else) hasn't arrived!!!

This is turning into a weekly event!

[RaeUK]

Hey, just wanted to drop by and wish you well.

Sounds like you can add harrassment to the list of complaints - surely deliberately causing you unnecessary fear and stress must fall into this!

Good luck.

Rae x

[Scorpion666]

Thanks Rae, the support on here is whats keeping us reasonably sane at the moment. We have tried reporting the harrassment but no-one will take it seriously .

[RaeUK]

I presume you have copies of the voice texts. (Having just flicked through the thread again, I notice it's not the first time!). These form your evidence.

Remind me, is your OH still redundant? I recall your interest in the MIND survey could you refresh my memory as to why?

Just pondering as this seems to be dragging on a bit...

Best wishes.

Rae.

[Scorpion666]

Yes we have all his messages recorded except the one that was sent on my birthday Yes my OH is still out of work and feeling like he's got a part in Prisoner Cell Block H!!! Without the shaky walls/set. We found the Mind survey while trying to to find some help and advice, none of us have any mental health problems (YET). It is dragging like a snail in reverse and we are so fed up and angry with it all. Just want an end to it all

[RaeUK]

Thanks Scorpio, I just feel for you and wish I could help. You've been on CAG long enough to know how my mind works and the fact I'll always gravitate towards helping the genuinely vulnerable. I don't have a legal brain, so can't help that way. Only in pointing you towards area's perhaps I'd shout about loudest in your circumstance.

What grabs my attention the most is that this McGovern chap is behaving so badly. It is wrong. Ethically, morally, humanely, wrong. Sending a message to say all debts will be recovered before Christmas Eve is shocking. And I read the Daily Mail!

Obviously, my modus operandi would include the National Standards. Hence my questions. Unemployed people are classed as vulnerable. But that is presuming you don't work and the household is living on benefits. And it's only a 'might be'. In itself it is one extra stick to beat them with but may not necessarily be enough to remove the bailiffs in your case. [Whilst the Standards apply to a household, this is an income issue].

From posts gone by I think you've included your MP and, I presume, your local councillor.

If I was still hitting a brick wall I'd have to consider involving my local press. You may feel you don't want to go down this route. But you're also a victim of a very calculating bully. Someone, somewhere, has to stand up.

You say you've complained about the harrassment. Was that to the company and the courts?

Sorry hunni, just throwing ideas in the air. Hope other Caggers can also.

Best wishes.

Rae x

[Scorpion666]

Everything you've said is exactly what we have thought and discussed between us.

Yes we have involved our MP but no response as yet!

The harrassment complaint has gone to everyone including the police, no-one wants to do anything or it seems that way

Our moral is being kept up by CAG members especially certain ones who we are very very grateful to We really don't know what we'd have done or where we would be if we hadn't found CAG

[lets fight bailiffs]

Hope things turn out OK with this case, However i'm sure it will:rolleyes:.

 

LFB

[Scorpion666]

We're sure it will too

We have decided that as Mr. McGovern is such a nice chap , when this is all sorted and over with we'd like to take him out.....................as soon as my OH can get hold of a decent snipers rifle

[ploddertom]

We have decided that as Mr. McGovern is such a nice chap ,

 

Has anyone else had problems similar to this with this particular person.

 

PT

[Scorpion666]

We believe so but no names or proof

[ploddertom]

We believe so but no names or proof

 

In that case may be they would come forward.

 

PT

[lets fight bailiffs]

I think i know who you are talking about and from what i remember not a nice man to talk to.

 

LFB

[Scorpion666]

Yes he's all mouth on the phone! We've seen him though (without him seeing us ) and he's got the "small man syndrome" big gob but nothing to back it up with except the Marstons power trip

[ploddertom]

Yes he's all mouth on the phone! We've seen him though (without him seeing us ) and he's got the "small man syndrome" big gob but nothing to back it up with except the Marstons power trip

 

Easily spotted wearing his Asda Mr Invincible T-Shirt then

 

PT

[Scorpion666]

Finally got a response from our MP and will be telling all on Friday

[regan11]

Watching and supporting with great interest.

[kurvaface]

This sounds good:)