marstons Bailiff has licence revoked for 6 Months after terrifying 12 year old girl.

[hallowitch]

he should never get a licence again

 

 

 

 

http://www.mkweb.co.uk/News/Court-revokes-bailiffs-licence-20140409140000.htm

[lamma]

Ms Carson said: “Most striking in this case is how difficult it is to take a complaint against a bailiff and how weighted it is in favour of the bailiff.”

Shows what this solicitor knew before this case.

[brassnecked]

Shows what this solicitor knew before this case.

The new system is still no better, One of Marstons, how strange, aren't they supposed to be so squeaky clean?

[tomtubby]

The solicitor (Ms Carson) is absolutely correct when she stated that it is difficult taking a complaint against a bailiff to court and that the decision is very much weighted in favour of the bailiff. There is actually more to this case as further details were found on another forum.

 

The certificate has been revoked but the Judge gave permission to Mr Scott that he may re-apply for his certificate to be returned after a period of 6 months. The person making the complaint specifically requested that the bailiff should NOT have his licence revoked. There are a lot of other issues with this case that are very worrying indeed and should be taken into consideration for the future (details below).

 

In the first instance, the entire Form 4 Complaint was addressed by the court as litigation (as opposed to it's purpose (being that of a Complaint).

 

Secondly, the most striking area of concern was that the Judge did NOT know how a Form 4 Complaint was supposed to be addressed and stated the same in court. It would seem that the Judge had rarely come across 'Form 4 Complaints before).

 

Thirdly, the lack of knowledge was further demonstrated in the way in which the amount of £500 was awarded. It is a well known principle that any award is supposed to be deducted from the bailiffs 'bond' (of £10,000). This did NOT happen. Instead the Judge ordered the BAILIFF to personally paid the amount of £500. The effect of this wrong decision being that his bailiff bond would have been intact.

 

Lastly.....(and this point is vitally important), it would seem that in bringing the Form 4 Complaint to court the family spend a staggering sum of nearly £2,000. As I understand it they were able to demonstrate to the court where every penny had been spent. Despite this, the court awarded the complainant just £500 which represented approx just 25% of what he had paid out in order to bring the complaint to court and left him £1,300 out of pocket. In other words...... he has lost a lot of work which the family can ill afford in bringing this Form 4 to court. It is my understanding that it is this area where the family are considering appealing .

 

Under the new regulations that took effect on Sunday Complaints (the terminology 'Form 4' has now been abolished) there is to be a complete overhaul regarding Complaints and the new regulations specifically provide that the complainant may indeed be ordered to pay costs. Also, the cases will in future be held at only 20 locations and the Judge's hearing the complaints will have knowledge of the new regulations. Strikingly, the complaints will be heard by the same Judges that grant the certificates. As with everything, it is a learning curve.

[brassnecked]

It is to be hoped that the new system will not seriously disadvantage debtors as happened in the case above, it is wrong that a complaint is perverted into litigation as the judge didn't know how to properly conduct a Form 4, and the debtor's costs awarded were a fraction of their actual costs in bringing the complaint

[tomtubby]

Brassnecked.

 

You are spot on with your above comment. Sadly however, the way in which the level of 'costs' (or compensation/damages as in this case) are calculated are simply dreadful.

 

I was in court myself about two weeks ago (as part of training) and by the end of the day I had witnessed 5 cases where the claimant has won. I was stunned however at the way in which the courts awarded 'costs'. In one case the claimant won his case against a local garage and he had prepared in advance a carefully drafted schedule of his costs to demonstrate how many hours he had spent on bringing the case to court and this included parking, taking time of work etc. He used the Litigant in Person rate of around £17-18 per hour). His claim (for cost) was just over £300. The Judge struck out most of this and awarded him just £26 !! Each case was more or less the same with the winning party not even being awarded the costs that they had incurred.

[brassnecked]

TT you do not surprise me, a fellow Board Member is a JP, and he is clueless about law per se, and actualities, he says they tend to follow the Court Clerk's advice. How can there be justice if someone wins their case, and is seriously worse off than if they sucked the loss down and never complained in the first place.

 

I have zero confidence in the new enforcement systen, it seems that it will be tested by hapless debtors to iron out issues.

[Deadwood]

People on this forum have to get real. The system is stacked in favour of the state/legal system/bailiffs. The state needs its bailiffs to collect its taxes and penalties and other considerations are secondary. Anyone who thinks we live as free people in a democracy is sadly deluded.

 

As for costs. Solicitors and barristers regularly can and do charge way in excess of what they're entitled which is a lot anyway, and get away with it. When it comes to the general public, they don't want us getting anything.

[filrobbo]

Deadwood I totally agree with you, its all stacked in there favour, from the courts to DCA and bailiffs.

[mikeymack2002]

A very great read here

 

 

http://www.mkweb.co.uk/News/Court-revokes-bailiffs-licence-20140409140000.htm

 

 

MM

[Conniff]

Six months isn't long enough

 

 

"Harbottle & Lewis LLP, on behalf of Marston, told MK News that this was an isolated incident, and that Marston ‘has a very good track record in its industry.’ They said Mr Scott had no intention to upset anyone, and had been advised that there are grounds for him to appeal. MK NEWS also spoke to Mr Scott, who declined to comment and referred us to Marston."

[old bill]

A very great read here

 

 

http://www.mkweb.co.uk/News/Court-revokes-bailiffs-licence-20140409140000.htm

 

 

MM

 

Mr Scott is very fortunate indeed the judge did not refer the matter of his excessive use of the word "police" which was intended to cause alarm or distress directly to the magistrates court where he could have faced a far harsher punishment and a ban from working in certain occupations and employment sectors. As for Harbottle & Lewis claiming Marstons has "a very good track record in its industry", the question is for what?

[brassnecked]

Mr Scott is very fortunate indeed the judge did not refer the matter of his excessive use of the word "police" which was intended to cause alarm or distress directly to the magistrates court where he could have faced a far harsher punishment and a ban from working in certain occupations and employment sectors. As for Harbottle & Lewis claiming Marstons has "a very good track record in its industry", the question is for what?

 

Behaving as if they were Drakes?

[citizenB]

A very great read here

 

 

http://www.mkweb.co.uk/News/Court-revokes-bailiffs-licence-20140409140000.htm

 

 

MM

 

Same link as the first post !!

[ploddertom]

What I would suggest is not to believe everything you read, there is more to this that has not been said.

[mikeymack2002]

I didn't read the front page well, so the double post can be deleted, sorry for that will read faster and more accurate in future

 

 

MM

[Peterbard]

What I would suggest is not to believe everything you read, there is more to this that has not been said.

 

Yes, i think you are right. Are there anymore developments on this ?

[russelldash]

hello everyone and thanks for letting me join your site

 

it strange when every one gives there view clearly some do not have a clue of what they are going on about

and some spot on for those of you spot on an up date

 

Its My family you are all talking about hear

 

Chelsea has appealed to the high court about this nasty bailiff Mark Scoot and has been awarded legal aid HORAY

 

when the order came trough the judge changed his mind and decided that it was compensation for her LOL

 

after a debate with Chelsea legal adviser in court about expenses the judge awarded 500

but now says it was for Chelsea so we have to have a transcript for the high court to see how this mix up happened

 

so its not over yet

 

any how the comments of all you who think they no what's happening thought I would put you straight

and will keep you all updated and the expenses now are more like 4k and we not got to the appeal courts yet

[Peterbard]

hello everyone and thanks for letting me join your site it strange when every one gives there view clearly some do not have a clue of what they are going on about and some spot on for those of you spot on an up date

Its My family you are all talking about hear

Chelsea has appealed to the high court about this nasty bailiff Mark Scoot and has been awarded legal aid HORAY when the order came trough the judge changed his mind and decided that it was compensation for her LOL after a debate with Chelsea legal adviser in court about expenses the judge awarded 500 but now says it was for Chelsea so we have to have a transcript for the high court to see how this mix up happened so its not over yet any how the comments of all you who think they no what's happening thought I would put you straight and will keep you all updated and the expenses now are more like 4k and we not got to the appeal courts yet

 

Thanks for the update, are you being assisted in making your application to the high court ?

[wonkeydonkey]

Hi and welcome to cag. thank you for this update. Good luck with your fight and we all hope Chelsea gets justice and what is owed to her....then she can 'shop til she drops'

and hopefully put her experiences behind her xx

[russelldash]

yes Chelsea has queens council so I might get my expenses after all

and Chelsea to be compensated properly

 

as I say will up date you

 

as yet Marston's have failed to even apologies to Chelsea

 

However we have made a complaint to the police about the criminal element

 

but the police are being shady at the moment saying a complaint should have been made at the time

as they fell its too late being six months gone

 

so had to make a complaint against the police as the complaint was made to the issuing court on the day it happened all very doggie

[Peterbard]

yes Chelsea has queens council so I might get my expenses after all and Chelsea to be compensated properly as I say will up date you as yet Marston's have failed to even apologies to Chelsea However we have made a complaint to the police about the criminal element but the police are being shady at the moment saying a complaint should have been made at the time as they fell its too late being six months gone so had to make a complaint against the police as the complaint was made to the issuing court on the day it happened all very doggie

 

All sounds very promising, do you have any kind of timescale for the hearing yet ?

[outlawla]

....However we have made a complaint to the police about the criminal element but the police are being shady at the moment saying a complaint should have been made at the time as they fell its too late being six months gone so had to make a complaint against the police as the complaint was made to the issuing court on the day it happened all very doggie

 

If you made a complaint against the police, watch them very carefully with regards how they categorise it. They may well class the complaint as "Direction and Control", which has no right of appeal when you inevitably disagree with their decision.

[russelldash]

the paperwork he gave proves beaned reasonable doubt he is guilty off a criminal offence so will also up date you with the police findings and the case is waiting to be listed at high but The nasty bailiff has been served with notice of it its turned in to a test case

[unclebulgaria67]

Whilst it is welcome to hear from someone connected to this. I think it would be wise to edit some of the posts, if there are any ongoing court actions or Police complaints.

 

I think all that needs to be said is that the matter is ongoing. You don't want to hinder your chances of an outcome that you would be satisfied with.