Distress warrant - assaulted my partner, broke my front door, refused to show warrant- help me defeat them!

[gravitasuk]

THIS HAS TO BE DEALT WITH AND I CALL ON EVERYONE READING THIS TO HELP BRING THESE PEOPLE TO JUSTICE AND MY GOD I WILL ONE WAY OR THE OTHER - ARGHHHH!!!

 

Hello Everybody,

 

I had an appeal application in place regarding an unfair trial I received for a conviction for "Failure to Provide Driver Details." relating toa £60 speeding fine ( I was NOT driving the vehicle at the time and I DID infact provide the drivers details. And in the trial the onus was put on me to prove my innocence rather than the CPS to prove my guilt ) However this is not relevant to the reason I am writing here today.

 

At approximately 12:30 13/02/2013 two individuals from MARSTON GROUP LIMITED arrived at my property.

 

A LOUD THUNDER ROARED THROUGHT THE HOUSE WHICH WOKE MY PARTNER AND WAS EVEN SHAKING THE UPSTAIRS WINDOWS. She had the day before come out of hospital from having surgery and still had open stomach wounds, and was still on strong opioid based pain killers. The two bailiffs proceeded to kick the door round the frontand side down, and SCREAMED THROUGH THE LETTER BOX "COME TO THE DOORBEFORE WE GET LOCKSMITHS" and specifically referred to my name whichcaused quite a few of the neighbours to come out onto the street.

 

My partner who was very drowsy and weak and had just been woken up and hobbled down stairs. She opened the door slightly and repeated numerous timesthat she had just had surgery, was seriously ill and that I didn’t live thereto try to get them to leave her alone (she didn't know I was in the house at the time, I was in my home office doing some paperwork with headphones in so I didn’thear this unfortunately.)

 

One of the bailiffs then put his boot in the door, and eventually forced their way into my property by ramming the door into her which in the process of doing so the door handle hit her wound and knocked her on the floor causing her damage and extreme pain (which she later sought medical attention for after they left.)

 

Once they were in the property she asked them numerous times to leave and they refused.

 

Once I realised what was happening I went downstairs to see what the hell was going on. They informed me I had an outstanding fine and that my appeal had been rejected 2 days earlier (even though I had not received any confirmation of this through the post.) They informed me they had a Distress Warrant tocollect £365 plus £300 bailiff costs. I asked to see the warrant and they refused, they said I had to pay the £665 first and if I didn't they would remove goods.

 

I said to them I am not required to pay their fees only the court fine, towhich they said there was a Distress Warrant for the total of £665 and I had topay the total amount for them to leave otherwise they would seize and sell my goods.

 

After a lengthy conversation I then Under duress paid them £665 and they left. I stuck up for myself and they made numerous offensive statements to my partner about the way she looked (she looked very gaunt and run down afterbeing in hospital for 2 weeks! and these [edits]s made her really upset and she was crying) The situation was very close to breaking out in violence. They then give me a "Distress Warrant" document like this: (www (dot) consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers/ bailiffs-and-court-fines.htm#counterfeitwarrant) and a hand written receipt which I cannot even read the hand writing to find any names or ID of the bailliff that did this to my girlfirend.

 

After they left I called the police and got a log number and I have an appointment to see a Police Officer on Saturday afternoon to make a statement at the station. I later realised the Bailiff kicked my front door which put abig hole in the PVC door, meaning I now need a new front door.

 

My god would I have given them a run for their money, but I realise with hindsight that I did the right thing by not being violent.

 

I now want to get these people the best I can using all the legal means I have at my disposal.

 

I have already set about claiming back their fees using the method at thisvery helpful site: www (dot) consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers / bailiffs-and-court-fines.htm#magfeereclaim

 

HELP ME ACHIEVE JUSTICE - If any contributers want to ask me any questions, I will reply very quickly wherever I am with my iPhone as I want retribution NOW. I am not the sort of person that puts up with rubbish as evil will flourish if good men do nothing.

 

Immense thanks to the people who help me with this.

 

Edited February 14, 2013 by BankFodder

[sgtbush]

i really sympathise with your plight, they were very heavy handed and could of done so much more not to of escalated the situation well out of control, which this seems to have happened.

now im not going to defend the bailiffs actions but just a few bits on the law for a warrant of distress.

 

a warrant of distress DOES ALLOW forced entry into any property, residential or commercial, however this does not warrant injuring someone in the process

they do not have to carry the paper warrant, all they have to do, if asked is to provide you with an address where the warrant can be seen, this usually is the issuing court

 

regarding the damage to your door ie being kicked, they are responsible for the damage caused as it was not neccesarry to do this to gain entry, they did this by other means.

if the door was put in by force, the costs can be added to the debt but this was not the case.

 

in my opinion i think you should request to marstons the bailiffs names that attended and the court that issued the certificates and put a form 4 complaint in to the courts.

their was no need for all the rough stuff IMHO

[gravitasuk]

Anymore help regarding civil redress and whether these bailiffs can be held criminallyliable please.

[Surfer01]

I was under the impression that they cannot force their way into residential property only commercial. Secondly they cannot forced their way in if the property is rented as they need the LL permission.

[sgtbush]

I was under the impression that they cannot force their way into residential property only commercial. Secondly they cannot forced their way in if the property is rented as they need the LL permission.

 

sorry my brain not functioning tonight whats LL?

sorry i got LL-- landlord. no, the warrant is issued for the person at the address, even a landlord cannot re-enter the rented out property without permission fron the tennant or a court order. no permission is needed from LL

 

extracts from elsewhere:-

all credits are given to the author/copyright holder, no infringment is intended

ive got a feeling tomtubby is the site owner who frequently posts on here

apoligies if its not and credit is given to the author

 

If a bailiff has visited you to enforce a distress warrant for an unpaid Magistrates Court Fine there are legal provisions concerning the bailiff showing you the actual Warrant. We have provided details of the Statutory Legislation concerning this at the end of this section which provides that:

• “A person executing a Warrant of Distress must either show the warrant to the person against whom the distress is levied, or state where and how it can be inspected.

• It is not essential that the warrant be in the possession of the person executing it at the time of execution.

 

• He must explain, in ordinary language, the sum for which distress is levied and the reason for the distress.

• He must show documentary proof of his identity.

• A civilian enforcement officer or approved enforcement agency (or employee, partner or director thereof) must provide a written statement of their and their employer’s identities and authority to a person against whom they execute a warrant”

Another very important point concerning the warrant is that for Distress Warrants and Financial Arrest Warrants, the relevant contracts provide that where the bailiff has failed to make contact with you on a first visit (which of course attracts a fee!!), he is required to put through your letterbox, a letter with the time and date of his visit. He must also make a note of this letter on the Warrant (which will be in his possession) and to include on the warrant also: “any identifying marks of the address”…such as the “specific colour of the door” as proof that he made the visit!!!! This is most important when checking the bailiff’s fees.

 

Can the bailiff force entry into my home?

If the bailiff is pursuing you for an unpaid fine of a criminal nature…then the answer unfortunately is... yes. However, this is more of a threat and during the past year it would appear that bailiffs forced entry into a property to enforce a Distress Warrant on less that 10 occasions.

The right for bailiffs acting on behalf of the Magistrates Court the power to “enter and search any premises” for the purpose of executing a Warrant of Distress was granted under Paragraph 3 of Schedule 4A of the Magistrates Courts Act 2004. This provision was also then inserted into the Domestic Violence, Crime and Victims Act 2004.

The right to force entry however only applies to the collection of unpaid fines which are criminal matters.

Edited February 14, 2013 by ims21

[brassnecked]

Put in a complaint to the court manager, and copy it to your MP, did your OH have to attend A& E or the doctor? If so report the bailiffs to the police

[gravitasuk]

She attended the out of hours doctor.

[ploddertom]

Is it possible you can upload copies of the paperwork you have been left, these are best done as PDF files? Remember to take out all personal identifiers.

[BankFodder]

We have had a contact from Marstons about this story and they would like to look into it directly.

They have asked me to post a message asking for contact details or a reference number.

I don't think that it can hurt at all to provide this info.

 

If you would like to do this, please send an email to me at our admin email address and put "distress warrant" in the subj. line.

Thanks

[gravitasuk]

I will post all the paper work this afternoon. Keep the advice coming as I am going to the police station tomorrow.

[ploddertom]

I will post all the paper work this afternoon. Keep the advice coming as I am going to the police station tomorrow.

 

Have you replied to Bankfodder re Post 9?

[tomtubby]

Please do provide details to Bankfodder.

[1Loretta]

When I think it cannot get any worse it just does!

[brassnecked]

Supply the details to bankfodder, Marstons know they are in the do doo and they cannot afford many more heavy handed enforcements where third parties are assaulted by their bailiffs.

[old bill]

This needs to be referred to Gareth Hughes, CEO of Marston Group, without delay. This sort of incident is totally unacceptable.

 

Also, which is your local police force?

[Surfer01]

sorry my brain not functioning tonight whats LL?

sorry i got LL-- landlord. no, the warrant is issued for the person at the address, even a landlord cannot re-enter the rented out property without permission fron the tennant or a court order. no permission is needed from LL

 

extracts from elsewhere:-

all credits are given to the author/copyright holder, no infringment is intended

ive got a feeling tomtubby is the site owner who frequently posts on here

apoligies if its not and credit is given to the author

 

If a bailiff has visited you to enforce a distress warrant for an unpaid Magistrates Court Fine there are legal provisions concerning the bailiff showing you the actual Warrant. We have provided details of the Statutory Legislation concerning this at the end of this section which provides that:

• “A person executing a Warrant of Distress must either show the warrant to the person against whom the distress is levied, or state where and how it can be inspected.

• It is not essential that the warrant be in the possession of the person executing it at the time of execution.

 

• He must explain, in ordinary language, the sum for which distress is levied and the reason for the distress.

• He must show documentary proof of his identity.

• A civilian enforcement officer or approved enforcement agency (or employee, partner or director thereof) must provide a written statement of their and their employer’s identities and authority to a person against whom they execute a warrant”

Another very important point concerning the warrant is that for Distress Warrants and Financial Arrest Warrants, the relevant contracts provide that where the bailiff has failed to make contact with you on a first visit (which of course attracts a fee!!), he is required to put through your letterbox, a letter with the time and date of his visit. He must also make a note of this letter on the Warrant (which will be in his possession) and to include on the warrant also: “any identifying marks of the address”…such as the “specific colour of the door” as proof that he made the visit!!!! This is most important when checking the bailiff’s fees.

 

Can the bailiff force entry into my home?

If the bailiff is pursuing you for an unpaid fine of a criminal nature…then the answer unfortunately is... yes. However, this is more of a threat and during the past year it would appear that bailiffs forced entry into a property to enforce a Distress Warrant on less that 10 occasions.

The right for bailiffs acting on behalf of the Magistrates Court the power to “enter and search any premises” for the purpose of executing a Warrant of Distress was granted under Paragraph 3 of Schedule 4A of the Magistrates Courts Act 2004. This provision was also then inserted into the Domestic Violence, Crime and Victims Act 2004.

The right to force entry however only applies to the collection of unpaid fines which are criminal matters.

 

From Marstons web site;

 

We cannot force an entry to a private dwelling without first gaining peaceful admittance. Once inside we can return and force entry at a later date if necessary. This also applies to a combined business and dwelling.

We can forcibly enter dedicated business premises at any time, however, we must give the occupiers an opportunity to co-operate. When we do force entry we secure the premises again to at least the same standard we found when we forced entry. We usually give written notice of our intention to force entry.

[old bill]

That's the theory. In practice, the reality is quite different.

[Surfer01]

That's the theory. In practice, the reality is quite different.

 

I think we all know that except Marstons! LOL!

[citizenB]

We have had a contact from Marstons about this story and they would like to look into it directly.

They have asked me to post a message asking for contact details or a reference number.

I don't think that it can hurt at all to provide this info.

 

If you would like to do this, please send an email to me at our admin email address and put "distress warrant" in the subj. line.

Thanks

 

 

gravitas, if you have not already done so, would you please contact bankfodder on the cag admin address - [email protected] (no spaces).

[sgtbush]

deleted

[sgtbush]

From Marstons web site;

 

We cannot force an entry to a private dwelling without first gaining peaceful admittance. Once inside we can return and force entry at a later date if necessary. This also applies to a combined business and dwelling.

We can forcibly enter dedicated business premises at any time, however, we must give the occupiers an opportunity to co-operate. When we do force entry we secure the premises again to at least the same standard we found when we forced entry. We usually give written notice of our intention to force entry.

 

i suggest you go read Sch 4A Magistrates court act 1980 as inserted by SCH 4 of DVCV act 2004

[old bill]

i suggest you go read Sch 4A Magistrates court act 1980 as inserted by SCH 4 of DVCV act 2004

 

And I think you will find HMCTS have - or are supposed to have - incorporated safeguards into the contract to ensure the provision you mention isn't abused. The reality is that the provision IS abused and HMCTS need to get a grip and, ideally, not renew the contracts of ANY of the private sector bailiff companies. HMCTS have Warrant Officers who carry out this duty and are Crown Servants, which means they are fully accountable. The accountability of private sector companies, sadly, is subject to the political whim of the government of the day. Privatisation of the collection of unpaid fines is not "at no cost to the taxpayer" becuase it is the taxpayer who gets landed with the bill for compensation, legal costs, etc., when these private companies totally foul-up. That has to stop - and quickly.

[brassnecked]

And I think you will find HMCTS have - or are supposed to have - incorporated safeguards into the contract to ensure the provision you mention isn't abused. The reality is that the provision IS abused and HMCTS need to get a grip and, ideally, not renew the contracts of ANY of the private sector bailiff companies. HMCTS have Warrant Officers who carry out this duty and are Crown Servants, which means they are fully accountable. The accountability of private sector companies, sadly, is subject to the political whim of the government of the day. Privatisation of the collection of unpaid fines is not "at no cost to the taxpayer" becuase it is the taxpayer who gets landed with the bill for compensation, legal costs, etc., when these private companies totally foul-up. That has to stop - and quickly.

The toll of injuries to debtors, and sadly innocent third parties at the hands of Marston's in the name of HMCS for even TV licence fines is abhorrent. If the likes of the **** like Mc****** and B******* are permitted to carry on regardless, it will not be long before a bailiff is facing a charge of murder or manslaughter, and HMCS will have the blood on their hands also.

[citizenB]

Hmm, I think unless charges were brought against the bailiff, then we are unlikely to be told what happened. It seems as though the inquiry was to report to the MP and the family. This happened in 2009.

 

Magistrates in Blackpool gave permission for the bailiffs to collect the debt, which included £300 costs which arose from the speeding offence committed on the M55 motorway.

Hyndburn MP Greg Pope referred the case to Mr Straw who has ordered an investigation.

 

'Our condolences'

 

Mr Pope said: "There are many things about this case which require an answer. Why didn't the court service take into account that Mr Miller was in poor health?

"There needs to be some sort of answer to that question and I hope the court service will come forward and do that."

A spokesman for Her Majesty's Courts Service said: "We offer our condolences to Mr Miller's family. "At the request of the local MP, Greg Pope, we will conduct an investigation into the circumstances around this and will report back to the family and MP."

 

 

http://www.lancashiretelegraph.co.uk/news/hyndburn/accrington/8182189.Code_of_conduct_for_bailiffs_in_Hyndburn/

 

Follow up in 2010

[Surfer01]

No mention of the name of the Bailiff company or whether safeguards were imposed? Also no mention if Bailiff is still employed by same company after what should have been a manslaughter charge at the very least. Actually as the bailiffs actions were premeditated and beyond his powers, a charge of murder should have been raised. Hopefully it is Rossendale and can be passed onto loretta.