Marston abusive baliff

[martinmanchester]

hello everyone

 

i had an unpaid parking fine from manchester city council which ended up being passed to marstons.

I had the usual demands and letter of attending to remove goods,i phoned the baliff in question and explained i was disabled on income support and dla.

At first he said he would take my car,this has now gone anyway,my house is fully furnished by my landlady and i have nothing of value,the bill is £378.

The bailiff then said on the phone if i could pay by 31st may this would be ok,i agreed verbally but there was no written contract.

Fast forward to today and i get a call that his in words "my boss has kicked my a**e and there is no way i can wait,i will take off most of the extra costs if you pay the original fine now with a first vist penalty.

I have absolutely no disposable cash at the moment,he asked can my family or friends pay which i of course refused.

He then become abusive "who the f**k are you talking to",and also that he will be around within 24 hours with the police and a locksmith...

I have 2 people who heard the call on loudspeaker,i have also contacted manchester city council who say they will take the original fine weekly out of my benefit but are not allowed to take bailiff costs..

Just to know where do i stand?,i have never let anyone in and taken all the advise on here regarding open windows etc..,there is nothing outside to take.

Will the police call and secondly what do i do about the marston part of the costs if and when i start paying the council.

Thank you for your time everyone,it really is appreciated.

[Conniff]

Bailiffs say these things to try and boost their ego, they are inadequate in the masculine department and women laugh at them so they take it out on the less able, it makes them feel good.

 

Don't worry about them, you can write and tell them the council are being paid directly from your benefits and for them to send you a bill 'with a full breakdown' of their cost.

 

The police will have nothing to do with it. If police attend it is only because the bailiff feels there may be an assault on him/her and the police only attend to stop any breach of the peace.

Edited March 8, 2012 by Conniff

[martinmanchester]

Thank you Conniff,i was under the impression that the police atended to oversee the "entry"or indeed to assist the bailiff collect the debt due to it being from a city council..your advise is very much appreciated.

Just one more question,if he does attend with a locksmith....

[Conniff]

He can't do that either Martin. A bailiff can only force entry if he has already been in. All bigmouth threats to try and scare you to pay him so he gets his bonus and then his mrs can get those shoes she always wanted.

[martinmanchester]

Thank you again!

[brassnecked]

If the council are deducting from benefits then the bailiff can foxtrot oscar, as they know you are vulnerable, and the bailiff should be withdrawn anyway under the National Guidelines, as you are vulnerable.

[mohmmad786]

I am not very good at these things as i am also learning from the guys on daily basis but no matter how you contact them or they contact you, record everything and if they visit you than have ur phone or camera ready to make a video cause as soon as they would know that they are being recorded you would see a different side of them which isnt gonna be as threatening cause they would know that they can lose there job cause of that recording. Next thing is to contact the council in writing telling them that you fall in vulnerable category and they should take the case back. I dont know if i am right in suggesting this(i am sure others more experienced members can give u better advice) do not call marston and if you feel that you need to contact them than write to them and if they phone you than you tell them that you want everything in writing.

[brassnecked]

good advice mohammad786 Op should tell bailiff they are on benefits, and the council is taking deductions from benefit in payment, the bailiff should withdraw as per the guidelines on vulnerability and not contact the debtor.. others will know more, but you should never speak to a bailiff on the phone if you cannot record the call.

[ploddertom]

In some respects you have to be careful as the Bailiff could be justified in levying on your phone or camera!

[brassnecked]

In some respects you have to be careful as the Bailiff could be justified in levying on your phone or camera!

 

If he can get his hands on it, and he would need the IMEI number on the notice of seizure, plus you would report it to the phone co as stolen, and they would brick it, so it was useless, but what would a £50 Alcatel get at auction, now an I Phone may be different, so yes if it is a high value camera phone the bailiff may well try that one PT

[seanamarts]

Would you know if this bailiff has made a visit, if not then all you would be charged for is letters that have been sent.

 

Most bailiffs are all talk to try and frighten you into paying. If your car is registered as a disabled vehicle then he cannot take it any way.

[Stressedandfedup]

If a bailiff can't gain access then he has no legal authority to use a locksmith.

If I were you I'd write a letter of complaint to the council about their behaviour as the bailiffs represent them in a way. I'd also I Clyde statements from your witnesses. Make sure you tell the council of your vulnerability status and tell them to make sure marstons close their case on you. If you at paying the council direct you won't have to pay bailiff fees as the bailiff will have no choice but to send the case back to the council as a 'nulla bona'. If, after you've told the council, you still get the bailiff contacting you in anyway, immediately report it to the council and contact the police if it's a visit. I'm sure there is an authority you can report marstons to complain about harrassment.

[seanamarts]

The op will have to pay fees as a letter has been written to inform the OP that the case has been passed over to the bailiffs. This will be a letter fee. (about £11.00)

 

Bailiffs are acting agents for the council, councils are wholly responsible for all bailiff action with regards to any cases that have been handed over for bailiff intervention.

 

It is up to the bailiff whether the account is to be sent back to the council nulla bona. The council can request that the debt be returned, but only where certain circumstances are involved. Once the council have decided to accept the account back, all bailiff intervention will cease.

 

If fees are owed then Marstons will chase the debtor until this fee is paid.

[martinmanchester]

Thanks to everybody for their replies.I have informed the bailiff that i am on benefits,had a blue badge /registered disabled (when i had the car i no longer have it)and also that i was classed as vunerable.

I was in no uncertain terms told "dont quote the law to me",also he didn't care what disability i had he would take my car anyway...charming..

I fully accept i should have contacted somebody when i got the fine that i was unable to pay,it was issued from the traffic enforcement centre in northampton.

Tried calling them,the council and marston in the past,the first 2 will not discuss it and marston will only accept immediate payment and not discuss "any outstanding case"..

[brassnecked]

You don't have a car anymore then, he has nothing to seize notwithstanding furnished accomodation, so nullo bono imho, and he should return it to the council. the debt is civil anyway, so the bailiff cannot have you arested. if he turns up film him, and you don't have to let him in.

[Stressedandfedup]

This bailiff is going against marstons own guidelines. If a disabled person needs their car to get around then they can't take it. Besides they can only take goods to cover the value of the debt.

@seana: i'm thinking about marstons sending back CSA cases as nulla bona and not chasing any fees. (CSA has to pay them) I just assumed itd b the same for council.

[seanamarts]

They have to levy on items that not only cover the debt, but for their fee's and costs plus auction fee's and storage.

 

Different debts incur different fee's and circumstances.

[mohmmad786]

Thanks to everybody for their replies.I have informed the bailiff that i am on benefits,had a blue badge /registered disabled (when i had the car i no longer have it)and also that i was classed as vunerable.

I was in no uncertain terms told "dont quote the law to me",also he didn't care what disability i had he would take my car anyway...charming..

I fully accept i should have contacted somebody when i got the fine that i was unable to pay,it was issued from the traffic enforcement centre in northampton.

Tried calling them,the council and marston in the past,the first 2 will not discuss it and marston will only accept immediate payment and not discuss "any outstanding case"..

 

Martin the problem is that if you speaking to them on the phone than its your words against them as the call wasnt recorded and they are the "GOOD" people working for council and you are that "BAD" guy who dont wanna pay the fine and would try anything to get out of it without paying your fine. The only way for you to have a record is by sending them a recorded letter or email(not preferable but can be done as well) telling them your situation in writing. Like i said before if you speak to the council on the phone and in the future u wanna bring that conversation than u cant as there is no record. The council has a duty towards you and everyone and they have got set of procedures which they have to follow now if everything is in writing and the council or bailiff dont follow the proper procedure than the person can lose his/her job as they are answerable to there superiors as well.

[martinmanchester]

Just a quick update,i have a letter when i arrived home tonight as follows;

 

REMOVAL DIVISION

 

you have failed to pay the amount outstanding and offer you a final chance to pay in FULL.

 

you need to be aware marston group have a court authority to remove your goods and to impose fees.

 

 

I have phoned the baliff and again asked to pay monthly/weekly and he has flatly refused,he has stated he will call after 6am on monday with a locksmith and if he has to the police to gain entry as allowed by the court.

 

The only option i have is to take a loan off a local money lender and pay or let them take the few goods i have,daughters x box etc....thanks again for everybodys help and input...

[Conniff]

Is this failure ot respond to Her Majesties Revenue and Customs? - no I thought not sogo tell him to take his locksmith and shove him where the sun don't shine and the police can join in.

 

What utter lies - we have said a million times on these forums, DON'T USE THE TELEPHONE, unless you record the call, he wont put any fo that in a letter.

 

If he hasn't already been in the house, then tell him you can afford £50 (or whatever) per week and that's all he's getting.

[martinmanchester]

Hi again coniff sorry for being a pain...

 

i have had no ccj(don't know if it is actually a ccj/fine)all i've had is marstons letters with the obvious rise in what actions they will take.

The council have now tolde me they cannot accept payments from me or out of my benefit due to it being with the bailiff so long,thanks to my sister and the bit i have saved i have offered to pay in full the £112 in cash to the council which was the last bill i had from them before they sent it to the bailiff.

6.15 this morning 2 bailiffs called and were hammering on the door,my 12 year old daughter who has autism was hysterical with the noise and the shouting,i've taken everyones kind advice,kept my cool and not answered,not been abusive or entered into any conversation,a letter has been put through the door that a court order is to be obtained today to remove goods with immediate effect.

Just to add i have written a letter of complaint to civea.manchester city council and marston about the bailiffs conduct,only reply is civea who cannot act untill i hear from marston...

Thanks again everybody....

[Conniff]

First have a look here http://local.direct.gov.uk/LDGRedirect/index.jsp?LGSL=471&LGIL=4&ServiceName=Pay%20your%20parking%20fine and see if you can pay on line. You can with most councils.

 

Your council can't refuse payment, so you can take it there with the pcn or send a cheque or postal order, it doesn't have to be paid through the bailiff.

[Jamberson]

Your council can't refuse payment, so you can take it there with the pcn or send a cheque or postal order, it doesn't have to be paid through the bailiff.

 

I don't think that is true.

 

In any case, I don't think the OP has had good advice here. The sensible way forward is to get into dialogue with the council. If necessary, arrange a meeting with someone in parking. Show them evidence of your situation, income, lack of assets, benefits deduction etc.

 

Once the council can see that this case is not going anywhere they can recall the bailiff warrant. Expecting the bailiff to give it up is just too fanciful.

 

If I were you I would try right now - get onto the council, ask them if they will suspend the warrant until you've had a chance to meet them or present your case to them.

 

I think you will have a good chance of getting it resolved that way without paying anything.

[Stressedandfedup]

Have the bailiffs been in your home? If not they have no legal right to enter using a locksmith to remove goods. They cannot touch anything that does not belong to you by the way.

And marstons don't go to court for the orders, the council would have to apply instead as them who owns the debt case. Marstons collect only. And I've never heard of any civil order being able to be obtain that very day. It's all threats. Write a letter of complaint and send to both the council and marstons detailing your own disability and the fact that you have an autistic child in the house. Marstons go against their own guidelines if they cause children that sort of distress (if they've a disability). Say in the letter you have offered to pay a reasonable amount/week or month as you cannot pay in full but it had been refused. Still offer the reasonable amount as you intend to pay it. Even on direct.gov it says 'reasonable' amount. Bailiffs work on commission so they'll bully to get bigger payments.

Also if the council think its worth applying for the order, they'll have to wait for a court date. You can ask them that if they decide to persue this course of action, that they do so at the nearest county court to you and that you will attend.

I'd personally start making my offered payments to the council. Like someone else said, they can't refuse it. They will cash any payments made. Make sure you put your case reference number etc on the chq or standing order.

Edited March 16, 2012 by Stressedandfedup

[Stressedandfedup]

Also if the council think its worth applying for the order, they'll have to wait for a court date. You can ask them that if they decide to persue this course of action, that they do so at the nearest county court to you and that you will attend.*

I'd personally start making my offered payments to the council. Like someone else said, they can't refuse it. They will cash any payments made. Make sure you put your case reference number etc on the chq or standing order.*