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Mother found guilty of obstructing a High Court Enforcement Officer...told by Judge to expect to be sent to prison.

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Regular posters on here will know that if a person seeks assistance on the forum, I will always ask for some background information and details about any vulnerability. Without this, it is difficult to provide an accurate response. If only posters on these appalling Beat the Bailiff social media pages did the same, a single mother may well not be in a position today of facing a prison sentence.

 

The lady has recently been found guilty after a two day trial of obstructing a High Court Enforcement Officer. She is to return to court on 18th February for sentencing. The Judge has warned her to expect to be sent to prison. Her probation officer is currently compiling a report in preparation of the hearing.

 

Background:

 

In late 2015, the lady posted on the Beat the Bailiffs social media site that she had received a visit from a High Court Enforcement Officer in relation to an unpaid court judgment for nursery fees. At the time of posting, she claimed that she was from a ‘vulnerable household' and further; that her vehicle had been displaying a ‘blue disabled badge’. There is some confusion as to whether the vehicle had been clamped or not. At the time of posting, she made the following series of claims:

 

 

That she was a single person

 

That she was vulnerable

 

That she had a Blue Disabled Badge

 

That the badge had been on display in the vehicle

 

That the vehicle was used to transport a disabled person.

 

That the bailiff refused to show her any ID

 

That the bailiff refused to show her a warrant.

 

Barely anyone bothered asking the lady any background information. In relation to the judgment, she was advised to make an application to the court to have the judgment 'set aside'.

 

She also posted at the time that the HCEO wanted her to show him the Blue Disability Badge as it was not properly visible. She stated that she refused to do so. I thought at the time, that this was odd behaviour as showing the Blue Badge would likely lead to the HCEO not taking control of the vehicle.

 

The posters on the site led her to believe that the HCEO had been acting unlawfully. She was advised to drive her car away. The HCEO contacted the Police and they ordered her to return the vehicle. She was arrested, charged and bailed to attend court at a later date.

 

In October 2015 she again took to social media for advice. She stated that she was due to attend trial that same day and that she had not obtained legal representation and had been trying to get a solicitor to represent her for many weeks. She asked whether anyone could advise her how to get the case adjourned. No assistance was given. The charge was amended to that of obstructing an HCEO and the case was adjourned until 28th January. It was to be listed for a two day hearing.

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The Trial on 28th January 2016

 

At the hearing she was represented by one of the largest criminal law firms in the country. The trial lasted for two days and she reported that two police officers sat outside the court for the duration of the hearing.

 

She was found guilty and advised by the Judge that the charge against her was so serious that she is likely to be sent to prison.

 

The case has been further adjourned until February 18th for sentencing. She has been assigned a Probation Officer in the interim period.

 

Within hours of the trial ending, she once again took to the 'Beat the Bailiffs' social media site to express her anger at the verdict. As to what her Barrister would think of her behaviour.....I shudder to think.

 

Unlike when she initially posted last year, this time posters asked a lot of background information. What a shame they had not bothered to do so when she first sought advice.

 

She confirmed on the social media site that at the hearing it was established that:

The reason why the High Court Enforcement Officer he had not shown her any ID or a copy of the writ was because of Data Protection concerns given that
she had refused
to confirm that she was the debtor.

 

Her 'vulnerability claim' was due to her undergoing a ‘minor procedure’ on her arm a few days before the visit by the HCEO and that she had been taking medication for this.

 

 

The Blue Disability Badge.

 

It was establish in court that the reason why she refused to show the Blue Badge to the HCEO was because the blue badge was not hers. It belonged to a friend. The friend was not in the car that day and she was not expecting to see her until the following day.

 

In relation to the judgment, she is due to attend a hearing at the County Court on 11th February in relation to her application to 'set aside' (the judgment).

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The following link is to yet another case of a debtor apparently taking his vehicle after it had been 'taken into control' by an enforcement agent from Marston Group.

 

http://www.hulldailymail.co.uk/Nicked-stealing-Jaguar-Hull-man-surrounded-7/story-28680097-detail/story.html

 

PS; In this particular case, the debtor was chased by seven police vehicles.

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Post 1/2

 

Do we know how she obtained her representation ?


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Do we know how she obtained her representation ?

 

Given that the law firm are one of the most well known and highly expensive criminal law firms in the country, I can only assume that she must have been represented under the Legal Aid scheme.

 

Yesterday, on the same social media site another lady reported that she had received a visit from a bailiff representing Marston Group in relation to one penalty charge notice. She confirmed that she knew of the debt. She refused to speak with the enforcement agent and as a consequence, her vehicle was clamped. Given that the vehicle cannot be removed unless a period of two hours has passed, the enforcement agent left the property.

 

She was encouraged to deflate the tyre on her car and remove the wheel clamp. She did so. Stunningly, she then posted on the site to ask whether it was true that if she took the clamp to the police station, that she would not be prosecuted !!! It would seem that she was another person who believed JasonDWB's (The Guru's) inaccurate theory. She was told to move her car and keep it hidden.

 

This morning, she posted that the enforcement agent had located her car. It has been removed to the vehicle pound and the debt has significantly increased by way of the sale stage fee of £110 and she is now also being charged storage fees.

Edited by citizenB
small amendment as requested.

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They are anxious to make examples of debtors so that they will always let the EA in in case they are accused of obstruction for refusing Peaceful Entry.


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Doubt the LAS will pay for an expensive solicitor like the one you describe BA, I hope she has not engaged one on the promise that fees will be recoverable.

 

I am surprised the lady with the clamp was not charged under section 68 as well . The looney forums are full of dangerous advice like this, "cut off the clamp and throw it in the canal" I saw one of their "experts" say the other day for instance.

 

BN yes that is the other side of the coin and one that responsible advisers must always be aware of when advising people.


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What do people think will be the outcome of this case in the end?


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They are anxious to make examples of debtors so that they will always let the EA in in case they are accused of obstruction

 

With so much thoroughly rotten information on the internet (most of which has its source with one individual) the enforcement agent doesn't have to try too hard.

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Perhaps there should be a discussion thread around Obstruction, as it would appear that an innocent third party could end up in jail for obstructing an EA it appears to be a Strict Liability offence so an innocent could be jailed for obstructing the EA when they try to prevent the EA from taking the occupiers car from 20 Acacia Ave instead of Acacia Road.


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What do people think will be the outcome of this case in the end?

 

 

If the debt wasnt his - what can he now do?

 

Not only to get his money back but some compensation for the hassle he has been put through!


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With so much thoroughly rotten information on the internet (most of which has its source with one individual) the enforcement agent doesn't have to try too hard.

Wonder if they could do a courier for obstruction who refused to hand over a parcel addressed to a debtor if a bailiff was at the debtor's doorstep when the delivery was attempted, and the debtor was not answering, so the courier carded the address?


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If the debt wasnt his - what can he now do?

 

Not only to get his money back but some compensation for the hassle he has been put through!

 

I think we need a more complete version of what has happened there are a number of points in the story as it appears which do not add up IMO.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

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I think we need a more complete version of what has happened there are a number of points in the story as it appears which do not add up IMO.

There is something missing definitely.


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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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I think we need a more complete version of what has happened there are a number of points in the story as it appears which do not add up IMO.

 

At the time of her initial arrest last year, there were a few hundred posts and significantly more background information. The advice that she was being given at that time was so appalling that I contacted one of the moderators on the social media site with my concerns (some of here will know that person).

 

Those earlier posts have since been removed from view. What I have posted in this thread is taken from her new posts that she started on 29th January following the end of her two day trial. It would not be right or proper to provide any additional information or the identity of the HCEO company at this present time. Suffice to say, there is a lot of additional background information.

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Thanks BA, very telling that the posts were removed.


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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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At the time of her initial arrest last year, there were a few hundred posts and significantly more background information. The advice that she was being given at that time was so appalling that I contacted one of the moderators on the social media site with my concerns (some of here will know that person).

 

Those earlier posts have since been removed from view. What I have posted in this thread is taken from her new posts that she started on 29th January following the end of her two day trial. It would not be right or proper to provide any additional information or the identity of the HCEO company at this present time. Suffice to say, there is a lot of additional background information.

 

I didn't mean information about the people involved, more about the the procedures that led up to this sorry state of affairs.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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At the time of her initial arrest last year, there were a few hundred posts and significantly more background information. The advice that she was being given at that time was so appalling that I contacted one of the moderators on the social media site with my concerns (some of here will know that person).

 

If you're referring to who i think you are, his so called "advice" is just as bad as all the other nutjobs.

There isn't 1 person on that group with good intentions - not 1.


None of the beliefs held by "Freemen on the land" have ever been supported by any judgments or verdicts in any criminal or civil court cases.

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There isn't 1 person on that group with good intentions - not 1.

 

And the reason why this is so is because their only focus is in trying to ensure that the person owing the debt does not in any engage with a bailiff or worse still...pay any money to him. They have little or no concern for the individual person.

 

There is another case featured today....the debtor's car was clamped 3 days ago and she has been encourage to get a friend to 'buy' her car from her. The friend has now completed a Bill of Sale and this has been sent to Marston's. Questions are ongoing about proof of payment from the bogus purchaser. The debtor is going to say that she used it to pay her rent !!

 

The Bill of Sale was dated just a few days ago. Not one person has advised her that the 'sale' is illegal and furthermore, will be rejected given that goods belonging to her become 'bound' from the date of the Notice of Enforcement (which in this ladies case....was around Christmas time).

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What do people think will be the outcome of this case in the end?

 

In the first instance, I would be surprised if she is not reprimanded for the many public comments that she has made since her trial ended.

 

She said last year that she is a single mother to three children between 8 and 14 years old. I would therefore sincerely hope that she is not sent to prison. Being caught using somebody else's Blue Badge will of course not help her but what is clear, is that the trial lasted two days which is evidence that the case against her is a very serious one.

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And lets not forget that its probably been screenshot by people at marstons who have a profile on their!

 

Heres one id heard about them recently....

They were going after an EA - (the same one who got their fearless leader arrested)

They encouraged and grouped together to get the lady who he had visited to do an EAC2 complaint.

Naturally it was thrown out of court, videos of burnleys finest "mark gillard" following him out of court and provoking him appeared on the Internet.

Few months later they encouraged her to approach the court with the allegation that the EA had lied to stop himself getting into trouble and committed perjury.

Back to court it went.

This time the EA had printouts of all conversations off the social media sites.

The womans response - a look of disbelief and the comment along the lines of - oh i thought that was a private group and no one could see anything!

Naturally that didnt go well!


None of the beliefs held by "Freemen on the land" have ever been supported by any judgments or verdicts in any criminal or civil court cases.

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The Bill of Sale was dated just a few days ago. Not one person has advised her that the 'sale' is illegal and furthermore, will be rejected given that goods belonging to her become 'bound' from the date of the Notice of Enforcement (which in this ladies case....was around Christmas time).

 

Good grief she and her friend have left themselves open to all sorts of legal actions both civil and criminal.


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This time the EA had printouts of all conversations off the facebook group.

The womans response - a look of disbelief and the comment along the lines of - oh i thought that was a private group and no one could see anything!

Naturally that didnt go well!

Yes a common denominator amongst all these debt evasion groups and fora is that, with the best will in the world, they are not that bright.


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And lets not forget that its probably been screenshot by people at marstons who have a profile on her.

 

Can I just first mention that the reference to Marston Group that you have made above, is in relation to the second case that I have written about on this thread as opposed to the lady who is awaiting sentencing. For the avoidance of doubt, although many people may well know the identity of the enforcement company concerned, I will not be posting details until after the trial has concluded.

 

It never ceases to amaze me the way in which people (mainly those a lot younger than me) are obsessed with social media. They post about what they have had for breakfast, lunch and dinner. They display copies of correspondence with private details on show and somehow....think that what they write and display will remain private between just them and their online 'friends'.

 

Two weeks ago (on a Saturday) there was an almighty argument between the owner and moderators of the main "Beat the Bailiffs' social media site. The argument led to two moderators being banned from the site. Within hours, those two people started yet another similar 'Beat the Bailiff' social media site. In desperation to ensure that the new site had many subscribers, there was an 'open door' policy on the Sunday and Monday with simply anyone being able to sign up. Many stated that they had left the old site in favour of the new one.

 

Over 5,000 'new subscribers' joined during that two day period and it wouldn't surprise me in the slightest if many of those were enforcement agencies, bailiffs, debt collection companies, banks etc.

 

Two weeks later, there are now 6,000 subscribers and the site is 'closed' with great care being taken to 'vet' new subscribers. It is far too late of course. All enforcement companies (and debt collection firms) are already subscribers and view posts on a daily basis. It is common knowledge and if anyone thinks otherwise.....they are fooling themselves.

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I have said this before, that i cannot see the point of a debate about bad advice from social media. It is just replacing the 'man down the pub'. In the past people would go to their local pub and there would usually be a chap that knew all about issues and he had heard from others from their mate down the pub, that if they took such action, it would solve their problem.

 

You will never get to the stage, where there is one advice site that is seen as offering best advice. Those that want to believe advice which sounds like a miracle cure, are going to still believe it, however hard you try. How many posts have we seen on CAG where people have bought some cheap or free diet product from China, when they then get charged a silly sum of money. There are huge numbers of articles and postings to forums warning of these sc*ms, but those who want to believe will still be taken for a ride.


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