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Marstons saying they have a court orde....but they don't!


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thanks uncle B but

i) I don't know which court to go to as Marstsons won't tell me - despite 4 requests

ii) the house, fixtures & fittings are the sole legal property of my son who is the innocent party in all this and you are saying they can break in HIS house?

 

They could, if she lives there and he would then have to pursue them for cost of any damage. Bailiffs can break in when collecting fines, but it is normally only in the last possible event, as it can be a hassle sorting out any problems afterwards.

 

I suspect that if Sons partner phones the Manchester courts service link I included in an earlier post, she will find out which court she needs to go to.

We could do with some help from you.

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I suspect that if Sons partner phones the Manchester courts service link I included in an earlier post, she will find out which court she needs to go to.

 

I tried that yesterday and you get various options to press, and then more various options, and then finally the recorded voice states ' if you are ringing in connection with a bailiff visit please get in touch with Marstons'!!!

 

I felt like screaming ' I have done FOUR times but they ignore me!'

 

I have tried to help a young girl out with a problem, I have rang the courts, I have written polite letters and faxes, spoken to the bailiff, given my contact details out via CAG to Marstons and yet the odds are stacked against me to sort this out in a timely manner for as Billy Joel would say................ ‘I am an innocent man’ but proving innocence takes some doing!!!!

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I think your son needs to sign a statutory declaration stating that the house and contents belong solely to him. You can get this done at a local solicitors for £5 - £10 (just ring one up and ask if you can get a stat dec signed asap - takes 5 mins) I have affixed a stat dec template for this (you can edit to suit your particular case). Once it's signed take a few photocopies of it.

 

If Marstons call again - keep the door locked and pass a copy of the stat dec through the letterbox to them.

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I tried that yesterday and you get various options to press, and then more various options, and then finally the recorded voice states ' if you are ringing in connection with a bailiff visit please get in touch with Marstons'!!!

 

I felt like screaming ' I have done FOUR times but they ignore me!'

 

I have tried to help a young girl out with a problem, I have rang the courts, I have written polite letters and faxes, spoken to the bailiff, given my contact details out via CAG to Marstons and yet the odds are stacked against me to sort this out in a timely manner for as Billy Joel would say................ ‘I am an innocent man’ but proving innocence takes some doing!!!!

 

Perhaps they are ignoring you, as you are not the person who received the fine. Unless you have written permission from the Sons partner to deal with it and you pass this to Marstons, they will continuen to ignore. e.g Data Protection.

 

Your Sons partner will need to sort this out, by making the phone calls and visiting the court.

We could do with some help from you.

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You could still pass the stat Dec to marstons, as it is evidence debtor doesn't own property irrespective of DPA, and any refusal to discuss, you could tell them will lead to legal action against marstons if they ignore the stat dec and take the third party property away for sale.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Progress – progress – progress

After being informed by the bailiff yesterday that this case was heard at Trafford Magistrates I rang them and spoke to a very helpful young lady. The case was actually heard there in June 2012 and judgement passed. The initial court papers/summons were sent to an address which my son’s girlfriend had not lived at for over two years! She now has an appointment shortly at our local court to sign a statutory declaration

So my thoughts on the case so far:

1. Despite the heading on this thread Marstons DID indeed have a court order and so I apologise in that respect but:

a) In their letters they do NOT inform you from which specific court the debt originated so you CANNOT contest/query it. They merely refer to ‘HMCTS Greater Manchester’ – what does that mean to the average layman? They do not tell you if you dispute the order who to contact or of any appeal process – they merely want their money! If it had not been for the bailiff letting it slip yesterday that it was from Trafford Magistrates Court I would still be at square one

b) They refuse to communicate with you at all – even FIVE requests for a copy of the court order, which gave them the ‘power’ in this case in the first instance were refused.

2. Trustonline: the details they provided were correct – my son’s partner does not have any court order against her current address.

3. If Marstons can use their ‘group tracing & investigations unit’ afterwards to locate a ‘debtor’ why can the courts not use a similar service to ensure the summons is handed/posted to the correct person/address in the first instance . I am sure there must be many hundreds of cases similar to this where court papers, which could have a damming influence on peoples lives, are posted through the wrong letterbox without verification. WHY?

Thanks to all once again – from my own experience I can see why many people merely capitulate to the man who comes knocking!

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Hope you manage to sort this out.

 

This does mean of course that your Sons partner probably failed to update her details with the DVLA in regard to her driving licence and/or V5 registration document. DVLA would have provided the court with the address shown on their records and would not search any other records.

 

So once you resolve the current court fine and there is another hearing, Sons partner will need to resolve what she had failed to do, if this is the case If she did notify DVLA of her new address, she will need to find out why her records were not updated.

We could do with some help from you.

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Wigvet,

 

I do not want to appear critical but I would like to make the following comments:

 

I have a commercial business advising members of the public regarding bailiff problems and the main point to consider is that companies such as Marston Group have to abide by the Data Protection Act and will only be able to deal with enquiries from the person named on the Distress Warrant. It may be that you had provided a letter of authority from your son's partner....but if not, the company would not normally provide any details to you at all.

 

Secondly, it is possible that your phone call/fax had been sent at around at very same time that Marston Group had moved their office from Waltham Abbey to Epping.

 

The last point and one that I quite agree with you concerns the lack of information on the letter to identify the debt or court. This is an awful problem and I am assured that this is to do with the fact that the fines are sent to the various bailiff companies by a central HMCS admin centre location such as Essex, London, Manchester etc. Complaints concerning this should really be sent to the issuing court and addressed to the Clerk to the Court and copied to the Fines Officer.

 

A statutory declaration will now be done and the fine and bailiff fees cancelled. A new summons will then be issued to give the debtor an opportunity to enter a plea and to complete a Means Enquiry Form.

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Wigvet,

 

The last point and one that I quite agree with you concerns the lack of information on the letter to identify the debt or court. This is an awful problem and I am assured that this is to do with the fact that the fines are sent to the various bailiff companies by a central HMCS admin centre location such as Essex, London, Manchester etc. Complaints concerning this should really be sent to the issuing court and addressed to the Clerk to the Court and copied to the Fines Officer.

QUOTE]

 

A statutory declaration has indeed now been done

But the lack of information on the threatening letters from Marstons was appalling

NO detail of who the case was brought by –so you can’t ring them

NO details of which court it was - so you can’t ring them

And the only phone number provided by Marstons is their payment line!

This is my first dealings with the bailiff industry and I am aghast

Aghast that, as in this instance, if you move house and if the new occupier does not forward your mail you could end up in court without your knowledge and finish with a criminal record and not know a thing about it until the bailiff comes knocking

Absolutely incredible!

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Wigvet,

 

The last point and one that I quite agree with you concerns the lack of information on the letter to identify the debt or court. This is an awful problem and I am assured that this is to do with the fact that the fines are sent to the various bailiff companies by a central HMCS admin centre location such as Essex, London, Manchester etc. Complaints concerning this should really be sent to the issuing court and addressed to the Clerk to the Court and copied to the Fines Officer.

QUOTE]

 

A statutory declaration has indeed now been done

But the lack of information on the threatening letters from Marstons was appalling

NO detail of who the case was brought by –so you can’t ring them

NO details of which court it was - so you can’t ring them

And the only phone number provided by Marstons is their payment line!

This is my first dealings with the bailiff industry and I am aghast

Aghast that, as in this instance, if you move house and if the new occupier does not forward your mail you could end up in court without your knowledge and finish with a criminal record and not know a thing about it until the bailiff comes knocking

Absolutely incredible!

 

Commonly known as the 'mushroom syndrome' ....if people are kept in the dark and heaped with sh*t you get to cultivate them early and reap the profits...

 

WD

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