marstons & sons court fine - made mother pay by card & levied HER goods

[SirHumpy]

Just looking for some advice as I haven't been online for a while so I'm a bit rusty on these matters.

 

A friends son owed the court some money for a fine, that was passed to Marstons who visited my friend today. Her son lived with her when the court fine was issued. Her son was unfortunately at the house when they called.

 

The Bailiffs tricked their way in by saying they were from the court (which I guess they kinda are), but she thought they meant the Youth team etc. Once inside they threatened to remove property straight away unless she paid the amount now due. I thought they had to do a list and come back?

 

They also wouldn't listen to her when she said that the property wasn't his, all of the items in the house were hers. They just said they would call a guy with a van to take it away now before they leave, and threatened her that by wasting their time it would cost her more and therefore they would take more. Could they do this?

 

She basically gave in, due to the list of stuff they were doing included stuff she doesn't even own (on HP etc), and basically being most of her household for a £400 debt and paid them via Visa Debit. I've told her to contact her bank about the chargeback, and they will do one but she has to wait for 15 days.

 

Would it do her any good if she rang them up to complain and ask for her money back? She can prove the items they were threatening to take were hers, and that he doesn't live with her anymore. Should they have been asking her to pay for her adult son (who the police arrested and took away*) so they were basically forcing her to pay for his debt.

 

* The police were called after they refused to leave the house and he told them he would harm them if they didn't. He has not been charged with anything other than breach of the peace.

 

Any help you can give would be great.

 

Thanks in advance

[brassnecked]

Is the son living with her or was he visiting? marstons have MO for this others will be along soon to help further, Did the police actively support the bailiff when he threatened to remove third party goods?

 

She could send copies of proof to Marstons and swear a Statutory declaration as to ownership and present it to the court office and Marstons, and initiate a formal complaint, as the debt was not hers, and Marstons forced her to pay under duress, which would amount to demanding money with menaces. Others who know more about HMCS and criminal enforcement will be along with more focused advice soon I'm sure

[dx100uk]

on the chargeback thats WRONG of the bank to say that

 

name them.

 

dx

[brassnecked]

Yes which bank, the payment was under duress, the chargeback should be immeidiate.

[SirHumpy]

Halifax.

 

I thought you shouldn't go into reasons for the chargeback with the bank, or is it different in this case?

[renegadeimp]

Oh god. Halicrap. One of the worst banks out there ( apart from sharklys)

[brassnecked]

Oh god. Halicrap. One of the worst banks out there ( apart from sharklys)

 

Yes it is criminal, the bailiff defrauded her by inducing her to pay for a non dependant relatives debt, she should lodge a complaint with the police about the bailiff and use the crime number as prima facie evidence for the chargeback.

 

I think others can help further here, but if the police actively supported the bailiff in inducing her to pay, then complaint to chief constable, or the new commissioner for the area, and MP