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Physical Fight with Marstons Bailiff


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Hi guys just hoping for a little help and guidance here. The post will be a little long as it's been quite a distressing evening for my family and i want to be able to get everything in.

 

I got a phonecall from my sister at about 6:30pm today stating that there were some bailiffs here at my parent's house and that they had attacked my brother. I immediately drove home to find a crowd of about 10 people. My father was extremely distressed as was my sister and i asked my brother what had happened. He stated that the bailiffs chased him and pinned him to the floor. I approached the two bailiffs in question one of whom was already on the phone to the police and the other who was standing by his car. Apparently (according to them) my brother had attacked them and they had responded in self defence. In the process my father and sister were both also hurt as a result of physical violence by the two in question.

 

The cause of all this was an unpaid seatbelt fine. Marstons had visited 3 different properties to try to find my brother with no luck and then visited my parents' house where they found the car in which the offence had been committed. They proceeded to clamp the vehicle (which belongs to my sister and never ever belonged to my brother - V5 document confirms this). At this point my sister and father both objected but the bailiffs informed them that they had the power to do this as they were in posession of a distress warrant.

 

However, prior to this ( earlier on in the day) my brother had already spoken with one of the bailiffs who were present and it had been agreed that they would meet tomorrow morning to try to settle the debt. The bailiff agreed that the conversation had taken place but they visited the address to try and settle the debt despite the conversation.

 

They refused to remove the clamp despite being shown the V5 document. They requested an "official" receipt from a garage but we were unable to produce one as the vehicle had bought by my sister from my father. Neither the police or the bailiffs were willing to entertain any evidence provided to show that the vehicle did not belong to my brother. The bailiffs stated that unless the fine was paid they would be forcing entry to my parents house (my brother does not reside there). This worried me a little so i called a solicitor to the scene where we produced a statutory declaration. The bailiffs refused to recognise this as a valid document and proceeded to make threats.

 

The police were in full support of the bailiffs despite me querying their knowledge on the subject of debt (which was non existent). I felt helpless as my brother had already been arrested and my father was extremely disturbed by all of this (he suffers from diabetes and is partially sighted). I paid the debt on my brother's behalf to end the matter. The clamp was taken off the vehicle and the bailiffs left along with some smug police officers who escorted them off.

 

When i asked the bailiffs to produce any documentation they had they showed me a sheet with my brother's details and any known addresses etc. When i asked to see the warrant the showed me a sheet which stated "Distress Warrant". The bailiff stated this was from the court but there was no court stamp on it.

 

I feel really really helpless in all this as i know both the police and the bailiffs were bang out of order. The police were willing to help the bailiffs to force entry. I don't know where to go from here and i apologise for the long winded post. ANY help whatsoever would be appreciated.

 

Many thanks in advance

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Suggest that your brother and/dad speak to Citizens Advice with a view to making a complaint about the bailiffs and the Police. See the advice from CAB.

 

http://www.advicenow.org.uk/advicenow-guides/consumer-and-money-problems/dealing-with-bailiffs/

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You need to ask for the names and number of officers in attendance and put in a complaint to the IPCC for assisting an offender (to commit breaking & entering) and making threats. Be specific on how those threats were made. If violence was used by a bailiff or a police officer then make a further complaint of Common Assault under the offences Against the Person Act 1861.

 

If you have paid bailiff fees then contact the court and reclaim them. the law does not prescribe any bailiffs fees on unopaid court fines, these two posters sucessfully recovered all their bailiffs fees for unpaid court fines when they made a complaint.

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/229873-help-philips.html#post2547500

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/254610-n244-county-court-action-2.html

Professional property investor and conveyancer

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Hi guys just hoping for a little help and guidance here. The post will be a little long as it's been quite a distressing evening for my family and i want to be able to get everything in.

 

I got a phonecall from my sister at about 6:30pm today stating that there were some bailiffs here at my parent's house and that they had attacked my brother. I immediately drove home to find a crowd of about 10 people. My father was extremely distressed as was my sister and i asked my brother what had happened. He stated that the bailiffs chased him and pinned him to the floor. I approached the two bailiffs in question one of whom was already on the phone to the police and the other who was standing by his car. Apparently (according to them) my brother had attacked them and they had responded in self defence. In the process my father and sister were both also hurt as a result of physical violence by the two in question.

 

The cause of all this was an unpaid seatbelt fine. Marstons had visited 3 different properties to try to find my brother with no luck and then visited my parents' house where they found the car in which the offence had been committed. They proceeded to clamp the vehicle (which belongs to my sister and never ever belonged to my brother - V5 document confirms this). At this point my sister and father both objected but the bailiffs informed them that they had the power to do this as they were in posession of a distress warrant.

 

However, prior to this ( earlier on in the day) my brother had already spoken with one of the bailiffs who were present and it had been agreed that they would meet tomorrow morning to try to settle the debt. The bailiff agreed that the conversation had taken place but they visited the address to try and settle the debt despite the conversation.

 

They refused to remove the clamp despite being shown the V5 document. They requested an "official" receipt from a garage but we were unable to produce one as the vehicle had bought by my sister from my father. Neither the police or the bailiffs were willing to entertain any evidence provided to show that the vehicle did not belong to my brother. The bailiffs stated that unless the fine was paid they would be forcing entry to my parents house (my brother does not reside there). This worried me a little so i called a solicitor to the scene where we produced a statutory declaration. The bailiffs refused to recognise this as a valid document and proceeded to make threats.

 

The police were in full support of the bailiffs despite me querying their knowledge on the subject of debt (which was non existent). I felt helpless as my brother had already been arrested and my father was extremely disturbed by all of this (he suffers from diabetes and is partially sighted). I paid the debt on my brother's behalf to end the matter. The clamp was taken off the vehicle and the bailiffs left along with some smug police officers who escorted them off.

 

When i asked the bailiffs to produce any documentation they had they showed me a sheet with my brother's details and any known addresses etc. When i asked to see the warrant the showed me a sheet which stated "Distress Warrant". The bailiff stated this was from the court but there was no court stamp on it.

 

I feel really really helpless in all this as i know both the police and the bailiffs were bang out of order. The police were willing to help the bailiffs to force entry. I don't know where to go from here and i apologise for the long winded post. ANY help whatsoever would be appreciated.

 

Many thanks in advance

 

It is always the case that any complaint must be made to the Magistrates Court that issued the Distress Warrant and a complaint in writing alos needs to be made to the relavnt police authority.

 

You need to contact the court as well to ask them to confirm the address on the Warrant and it is very important to be aware that if a car is clamped, then according to the Contract that the company have with the Ministry of Justice that the vehicle MUST be owned by the debtor !!! This part is made VERY clear indeed in the Contract......

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Ok thanks so much for your help so far guys.

 

So from what yo have stated so far i have 2 options.

 

a) contact the CAB and pursue the matter with their assistance

 

b) Pursue the matter personally

 

If a take the latter option the am I correct in saying that i should contact the magistrates court (in writing of course) and explain the problems i had yesterday evening in detail. Also am i right in saying that some of the difference between the original £30 fine and the £300 odd pound i paid yesterday is recoverable? Should i make this claim in the same letter of complaint or do a seperate letter?

 

Are there any templates i could use or should i just make the complaint and possibly someone with a little knowledge on here could just check it over for me?

 

Many thanks again

 

ps is it possible to request all the information from Marstons by way of a SAR? Thanks

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Just another quick point guys

 

The bailiff was presented with a V5 document showing that the registered owner and keeper of the vehicle was not my brother but he advised that he could not accept that as proof of ownership. He also stated that they could seize anything that they "Deemed" to belong to my brother whether it was the vehicle or anything in my parents' property. Is this correct?

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Just another quick point guys

 

The bailiff was presented with a V5 document showing that the registered owner and keeper of the vehicle was not my brother but he advised that he could not accept that as proof of ownership. He also stated that they could seize anything that they "Deemed" to belong to my brother whether it was the vehicle or anything in my parents' property. Is this correct?

 

I will check the relevant part of the HMCS Contract regarding vehicles and post back here tomorrow.

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Just phone the mags court and you get the answer.

 

The rules state the vehicle is deemed to belong to the debtor unless "compeling evidence to the contrary exists". The DVLA should be consulted in the event of ownership dispute and the bailiff remains responsible to the owner if he is unlawfully deprived of its use.

Professional property investor and conveyancer

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