marston group bailiff issue please help

[tonymann]

Hi guys,

 

i returned from work today to find my wife very distressed and panicky. We had just had a visit from a Marston Group bailiff.

 

The name on the letter is for my son who moved out 8 years ago and we have not had contact with since.

 

He does not live at my house and is not on the electoral register on my address.

 

I do not know where he is and do not want to know, he has caused my family too much pain and distress!

 

The fine says client HMCTS South West London and is for £686.67

 

The bailiff wanted to enter my house to look for my son, my wife refused to let him in.

 

My younger son was at home and the bailiff assumed he was the person on the letter.

 

My younger son got his passport and showed it to the bailiff at the doorstep and confirmed his identity.

 

He said he will come back with an arrest warrant in a couple of day,

 

I am confused and do not understand my rights.

 

Should I complain to Marston? What do I do?

[brassnecked]

Hi and welcome to CAG, contact the court and tell them the named debtor does not live there, and has not done so for 8 years, also that he is not on the register of electors at the address, the bailiff will threaten all sorts to gain entry, but if it is evident the debtor is not resident he should go away. however Marstons are a nasty bunch and may try to say they can take your car etc for the debt in order to make you pay, they don't care who pays so long as someone does.

 

Technically as it is a criminal fine the bailiff can force entry, but not ad hoc, this is usually where there is a history of non payment of multiple fines, and there would usually be a warrant for arrest out also.

 

If the bailiff retyrns and tries to arrest one of you call the police and have ID ready, tell him that Marstons would look fine and dandy with an action for wrongful arrest and unlawful detention against them and HMRC if they were silly enough to ignore ID.

 

When you contact the court with whatever proof you can provide, tell them that a Formal complaint is on the way to them.

 

Others will know more,

[tonymann]

thanks brassnecked. I am not too clued up to the law but surely they cant clamp or take my car if the debt is not in my name?

 

Look forward to more replies on this, I will contact the courts tomorrow but to be honest I dont even know who or where HMCTS South West London are.

[brassnecked]

thanks brassnecked. I am not too clued up to the law but surely they cant clamp or take my car if the debt is not in my name?

 

Look forward to more replies on this, I will contact the courts tomorrow but to be honest I dont even know who or where HMCTS South West London are.

 

No they cannot lawfully clamp or take your car for a third party debt, but Marstons have pervious for just this sort of muppetry, one Marstons bailiff forced his way into a disabled woman's house and and pulled her down stairs breaking her leg, for a third party fine on her son who had never lived at the address, and furthermore the fine had actually been quoshed, and removed from marstons but they enforced it anyway.

 

Do NOT take chances with this bunch, contact court ASAP. Others on here. I'm sure can give better advice than me .

 

If he does return film him even with a mobile phone to capture all his threats and bluster to use in the Formal Complaint you will likely have to make at some stage, he cannot stop you filming him on your property and you don't need his permission, no matter what threats he shouts at you.

Edited January 11, 2013 by brassnecked

[dx100uk]

no they certainly cannot!!

 

its for them to PROVE he is there

 

even the most basic of check [like voters] will show that

 

the court will sort it.

 

IF he comes back

 

call the police

 

they will verify it

 

dx

[tonymann]

thanks guys i will contact the court first thing tomorrow and let you know how it goes, really hope it goes well

[tonymann]

also any further comments and advise would be appreciated

[brassnecked]

You should be just fine, oops, you can post on here anytime someone is usually around, above all don't worry, you are entirely in the right, it is the bailiff that had better watch out.

[tonymann]

tried calling the court and they are not open on weekends. Should I call the number on the removal notice? My wife explained everything to him but is it worth me calling again?

[ploddertom]

All you will get of them is - how much are you paying etc. They will not help at all they are only interested in the folding stuff.

[tonymann]

thats what i thought. should i expect a return visit anytime soon? my wife gets really nervous with this kind of stuff and i work long shifts. I've told her dont let him in the house.

[brassnecked]

thats what i thought. should i expect a return visit anytime soon? my wife gets really nervous with this kind of stuff and i work long shifts. I've told her dont let him in the house.

They can only call up to 9 PM today, and not tomorrow, if you contact the court first thing Monday, they may then be able to call the dogs off, but as it isn't a debt for anyone in the house i would refuse him entry, he cannot force his way in as he has had proof the debtor doesn't live there.and call the police,

[hallowitch]

The fine says client HMCTS South West London

 

have a read of this thread it gives you the address and phone number of the above court

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?378105-Marston-Group-unknown-Removal-Notice-on-my-name

 

 

Under no circumstances pay the bailiff /marstons they hope if they intimidate you enough you will make a voluntary payment to clear the fine and there fees

if you are worried about them breaking into your home you can send a statutory declaration to marstons and the court a stat dec will cost you about £5/10

[tonymann]

hi guys,

 

i phoned the court today and was put through to a 'collection & compliance center' to lady there could not help.

 

I then dialed the court again and spoke to a gentlemen in the office admin team, he said by law all i have to do is write to Marston explaining I have spoke to the court and the person in question does not live at my address and nor is he on the electrol list.

 

Does this sound correct to you guys or did he fob me off?

[brassnecked]

hi guys,

 

i phoned the court today and was put through to a 'collection & compliance center' to lady there could not help.

 

I then dialed the court again and spoke to a gentlemen in the office admin team, he said by law all i have to do is write to Marston explaining I have spoke to the court and the person in question does not live at my address and nor is he on the electrol list.

 

Does this sound correct to you guys or did he fob me off?

 

In theory possibly

You could do that but it is up to the court to call marstons off or they will say OK so what we are coming anyway as the court hasn't told us not to. carry on. they will be anxious for you to pay the debt voluntarily,. as they will lose all their fees if the court call them off

[tonymann]

tried calling the courts again, not having much luck with them at all. They keep telling me to just tell the bailiff the person named does not live here. I have sent an email to Marstons and will send a letter this eve.