Marston assaulted me as i tried to remove her from premesis. i got arrested & cautioned!

[unclebulgaria67]

Confused. In first post it mentions that the bailff was collecting an unpaid court fine ?

 

The bailiff would then be registered to do that and would not be a county court registered bailiff.

 

If you are being prosecuted for an assault/public order offence, I would presume that the basis of how the bailiff was operating is relevant to your defence ?

[brassnecked]

Confused. In first post it mentions that the bailff was collecting an unpaid court fine ?

 

The bailiff would then be registered to do that and would not be a county court registered bailiff.

 

If you are being prosecuted for an assault/public order offence, I would presume that the basis of how the bailiff was operating is relevant to your defence ?

 

An unpaid court fine from a non resident adult child of Op who has never been resident at the Op's address and is not on register of electors there.

[unclebulgaria67]

An unpaid court fine from a non resident adult child of Op who has never been resident at the Op's address and is not on register of electors there.

 

Did the bailiff tell untruths in regard to what they were there to collect on and under what authority they were operating ? Or was there just a misunderstanding ?

 

I get the point about the Son not living there, but obviously the bailiff has traced some relationship to the address. If they were acting for the magistrates court and had their authority, they would be able to visit the address, but what they could then do or not do is open to question. What were they expecting ? To be let into the house, to see if the Son had any property in the house ? I don't think anyone should allow that to happen as the bailiff would just levy on items and ask for proof they were not the Sons.

 

If I were the OP, I would seriously look into taking legal action against the bailff and make a formal complaint to Marstons head office.

[wonkeydonkey]

One thing that puzzles me...if you are to attend Court to face charges against you for assault, surely you have to be given the name of the person you have allegedly assaulted?

 

WD

[Andy01424]

as i understand way this works,a County Court Baliff etc would have the right to force entry,marstons are only Certified basic debt collectors,with no force of entry etc,if so then Police would have had to be present, from the first posted letter from Marstons "quote on letter" on Behalf of the HMTCS, i think this is what was said or may have been HMTES,from that first posted letter i called Kent Surrey and Suussex fine enforcement,and explained he never has lived here and as far as i am aware he could be in one of 3 towns in the surrounding area,they then put me through to Marstons,who did'nt basically want to know and just cut me off, i then emailed Marstons informing them that he has never lived here,recieved no reply [ we only moved here 2 yrs ago] a month ago had another letter through the door Marstons again, my son came round as his mum called him to tell him i wasnt happy and get it sorted,he phoned his mum to say he had been to the Courts on several occaison and been told as he had no case number etc that there was no record of any fine or case and informed them he doesnt live here! as for credit checks my name would be linked to any credit file as i am the parent,well thats what it showed on my daughters when she did a credit check with Equifax and she wasnt living with us either which i found quite surprising,

 

Doctors-- cannot see them till tues and thats an IF as pm there in a Conference!

Hmtcs- finally[ 4hrs of trying] got through to be told Enforcement Manager not in, any sort of complaint can only be put in writing to the Maidstone office

[Andy01424]

will add she did not try forcing getting into Property just refused to leave on first request ,went back upsatirs to her banging on door again ,rest is above to what followed,

[old bill]

It seems pretty clear to me the Marston bailiff lied to the police by calling herself a County Court Bailiff. That is serious. The police have fed you a load of bovine excrement about not being able to give you the bailiff's name. Marston's response doesn't surprise me in the least. If HMCTS have confirmed to your son they have no record of any case or fine,what the hell was the bailiff doing at your home? HMCTS need to explain this. This bailiff's surname isn't Scott,by any chance?

[brassnecked]

The bailiff should be having their collar felt, herself for her fraudulent and blatant lie to police as to her status. Surely that will now be recorded in her statement and will be used in court, so can be challenged as a tissue of lies.

[old bill]

The OP needs to get a legal professional to challenge the police to furnish the evidence they have. They have legal duty of disclosure. Also, make sure the bailiff's entry on the HMCTS Certificated Bailiff Register is checked. There is, in my considered judgement, reasonable doubt in this case that the OP is guilty of any offence. There are also questions as to whether the bailiff had lawful authority to be at the OP's property and whether her refusal to leave when requested to do so was lawful.

[Andy01424]

Old bill ,it could be a very good chance it is scott,checked there Certified check list she is the only female nearest to me,have tried to pm but need 30 posts

[dx100uk]

pm thru me if you wish..

 

dx

[old bill]

I'm going to send you a PM, Andy. Check your inbox in 5 minutes.

[dx100uk]

wont get thru

no pm's under 30 posts unless siteteam.

 

OB

 

dx

[brassnecked]

Old bill ,it could be a very good chance it is scott,checked there Certified check list she is the only female nearest to me,have tried to pm but need 30 posts

Reply to this one to raise your count, and post on a couple of other threads with observatiions to increase your count. If it IS Scott you need some confidential info which must be by pm.

Edited September 25, 2012 by brassnecked

[unclebulgaria67]

Old bill ,it could be a very good chance it is scott,checked there Certified check list she is the only female nearest to me,have tried to pm but need 30 posts

 

So you could add some more posts or could oldbill pass on the info via a site team member ?

[Andy01424]

sorted thanks...

[Andy01424]

update case goes to trial 7th feb 2013 will update then ,but since finding this site i appreciate everyones input and have recommended it for advice to others,even for matters not regarding Baliffs...top site:wink:

[brassnecked]

update case goes to trial 7th feb 2013 will update then ,but since finding this site i appreciate everyones input and have recommended it for advice to others,even for matters not regarding Baliffs...top site:wink:

Hope they see sense and the bailiff ends up as the defendant later on. let me see, wasting police time, fraud etc etc

[Mackintyre247]

Andy

I havnt read all your thread and your last post suggests you are indicted but I feel you have grounds by claiming self defence

if a bailiff made sudden movements towards you or tried to get money or goods from another person

that necessitated you to defend yourself then the bailiff may need to answer a charge of theft

and your defence solicitor can ask the court to have police explain why they did not investigate,

discuss your defence solicitor because failure to act may be an offence of concealment and can be used to discredit the case against you.

Others might know but hard to comment without seeing the prosecutors evidence and charge sheet.

[brassnecked]

Andy

I havnt read all your thread and your last post suggests you are indicted but I feel you have grounds by claiming self defence

if a bailiff made sudden movements towards you or tried to get money or goods from another person

that necessitated you to defend yourself then the bailiff may need to answer a charge of theft

and your defence solicitor can ask the court to have police explain why they did not investigate,

discuss your defence solicitor because failure to act may be an offence of concealment and can be used to discredit the case against you.

Others might know but hard to comment without seeing the prosecutors evidence and charge sheet.

 

If you read post ~1 by Op you will see that bailiff tried to enforce for debt of son who has never lived there, and bailiff would not accept the fact, so she was escorted off the premises as a trespasser quite rightly, and SHE assaulted Op then cried wolf to the police, who are unaware of bailiff law in the main, so tend to side with them when they lie through their teeth. Marstons scrotes are a particularly nasty lot.

[old bill]

One thing that needs to be borne in mind about crying wolf to the police; it is an offence to make a false report that a crime has taken place, whether or not it results in court proceedings. If it results in court proceedings, then it becomes the more serious offence of Perverting the Course of Justice.

 

If the bailiff involved and, indeed, Marston Group senior management are reading this, they would be well-advised to drop the matter immediately. Perverting the Course of Justice, including Conspiracy to Pervert the Course of Justice, carries a maximum penalty of life imprisonment.

 

Common Assault is a summary offence only, meaning it can only be tried by a court of summary jurisdiction, that is, a magistrates court. It is not an indictable offence. The OP's case has been adjourned to a later date for a full hearing. This is because where a Not Guilty plea has been entered at the initial hearing, it has to be adjourned as hearings to try Not Guilty pleas can last 2-3 hours, hence the reason for adjournment.

[brassnecked]

Exactly OB, bailiff may have picked the wrong third party on this one. A third party who would not accept a caution for the convenience of the vested interests, as surprise surprise, Op is not the guilty party here. .

[Mackintyre247]

It may depend on what is meant by escorting a bailiff and forcibly removing a bailiff. If she has no injuries and did not seek medical attention then it may be difficult for the charge to stick if its down to the OPs word against the bailiff. For the OP to be charged there must have been compelling evidence but its hard to make accurate comment without seeing the evidence the prosecutor intends to rely on.

[brassnecked]

It may depend on what is meant by escorting a bailiff and forcibly removing a bailiff. If she has no injuries and did not seek medical attention then it may be difficult for the charge to stick if its down to the OPs word against the bailiff. For the OP to be charged there must have been compelling evidence but its hard to make accurate comment without seeing the evidence the prosecutor intends to rely on.

 

This particular bailiff may well have "form" for crying wolf before. If it had been my house she would be taken away in an ambulance after the cats had finished with her, as they tend to attack strangers by clawing their legs. I doubt she could get me charged for a cat attack, unlike if a dog had bitten her.

[havinastella]

Just picked up on this thread and wanted to ask a silly question!

 

OP stated they had moved 2 years ago, yet the offence was committed 4 years ago! Would the 'bailiff' neeed a warrant and what address would be on that warrant?

 

Or am I talking rubbish??