burlington/marston acting on an incorrect writ of control v Judgment debtor

[tomr58]

I recently met the gentlemen from Burlington.

 

 

They were acting on an incorrect writ of control in that Burlington had completed the application for this writ

naming me when the underlying tribunal judgement was against a corporate employer

( I was a director and shareholder of the company against whom the judgement was made.

 

They came to me the day before christmas,

would not accept that there was an error in their paperwork.

( This error is a burlington theme as the ID of their collector was itself out of date!!)

 

to cut a long story short,

 

 

I applied to the court who confirmed the error in the paperwork.

Burlington wriggled to suggest this error was not their fault.

..they blamed the court ( bad idea) the lower court, their client and even me.

 

 

They needed a court order before returning my money to me.

At all points they showered me with threats and there are major discrepancies

between their witness statements and those offered by me based on my attendance at the visit.

 

I intend to go through the regulators as the contempt for the legal process

and the poor control and paperwork supplied is clearly actionable

 

 

and I would be most pleased to hear from others who have had experience of Burlington

 

 

( also known as Marstons) as I would not like to present an unrepresentative case to the regulating bodies.

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[ploddertom]

How to get Burlington to be also known as Marstons? As far as I was aware they are separate entities.

[Bailiff Advice]

I recently met the gentlemen from Burlington.

 

 

They were acting on an incorrect writ of control in that Burlington had completed the application for this writ

naming me when the underlying tribunal judgement was against a corporate employer

( I was a director and shareholder of the company against whom the judgement was made.

 

They came to me the day before christmas, would not accept that there was an error in their paperwork.

 

( This error is a burlington theme as the ID of their collector was itself out of date!!)

 

to cut a long story short,

 

I applied to the court who confirmed the error in the paperwork.

 

Burlington wriggled to suggest this error was not their fault...they blamed the court ( bad idea) the lower court, their client and even me.

 

Your complaint is certainly a complex one and it would assist us all if you were able to provide some background information.

 

In the first instance, the 'link' to Marston Group is due to the fact that Marston Group purchased Burlington in early January 2016 (from memory).

 

In all cases, the High Court Enforcement Officer cannot 'go behind' the writ (so to speak). On the face of it, it looks as if the claimant sued the wrong party but I may be wrong.

 

As I have said above, some further background information would greatly assist.

[tomr58]

Your complaint is certainly a complex one and it would assist us all if you were able to provide some background information.

 

In the first instance, the 'link' to Marston Group is due to the fact that Marston Group purchased Burlington in early January 2016 (from memory).

 

In all cases, the High Court Enforcement Officer cannot 'go behind' the writ (so to speak). On the face of it, it looks as if the claimant sued the wrong party but I may be wrong.

 

As I have said above, some further background information would greatly assist.

 

in fact the case is quite simple. The clowns at Burlington issued the writ as advised by their client and failed to read the judgement. So they issued to the wrong person and apparently failed to check the original judgement. This is called negligence as I am advised by my lawyers and in so much as I have suffered the tort of illegal trespass and humiliation in front of staff and customers this has the potential to be a not inexpensive act of negligence.

 

I would be most interested to hear of other errors committed by thsi firm as it seems to me that their internal controls do not support the licence they operate under.

[ericsbrother]

you are employing lawyers, let them deal with it and calim their expenses when Burlington/Marstons settle. How poorly they have preformed in other cases wont have any effect on your case and if you want to make a complaint then that must stand on its own merits as well. Anthing gleaned from here will be heresay so no use to you anyway

[Bailiff Advice]

in fact the case is quite simple. The clowns at Burlington issued the writ as advised by their client and failed to read the judgement. So they issued to the wrong person and apparently failed to check the original judgement. This is called negligence as I am advised by my lawyers and in so much as I have suffered the tort of illegal trespass and humiliation in front of staff and customers this has the potential to be a not inexpensive act of negligence.

 

I would be most interested to hear of other errors committed by thsi firm as it seems to me that their internal controls do not support the licence they operate under.

 

You say that the court agreed that Burlington had been responsible for the error in the writ. Did the court award costs in your favour and did the court record the finding in a judgment? If so, then the first 'port of call' really should be to take your complaint to the High Court Enforcement Officers Association. Have you tried this route?

[tomr58]

indeed. That's why I would like a feel to see if the problems of execution, organisation and competence are oft repeated by Burlington or whether their negligence on this occasion is a one off.

[tomr58]

I disagree, a pattern of repeated negligence and disregard for the legal niceties would be interesting to see.

[DavidP24]

I am new to this forum but Marstons seem to get a lot of coverage, you might want to PM those who mention them and ask them to post on this thread.

 

As far as I can see whole industry seem to be a bunch of cowboys who seem to think they can do what the hell they like and get off on the power trip.

[Bailiff Advice]

I am new to this forum but Marstons seem to get a lot of coverage, you might want to PM those who mention them and ask them to post on this thread.

 

David,

 

If you read the comments above you should see that the debt was one being enforced by Burlington. The connection with Marston is merely because Marston have recently purchased the company.

 

PM facilities are not available to new users. I think that you have make at least 30 posts (I believe) before being able to PM.

[tomr58]

thanks David

 

My point is that debt collection is an essential part of the legal process and it must be done correctly and competently. My view of Burlington is that they are not competent and are driven by their fees. They seem to have no respect for due legal process...I never even received an apology for their negligent actions. At alkl times they have been uncooperative, duplicitous and threatening, and as a licenced body they should have professional standards to display and maintain and not behave as if they have just arrived from the wild west. We have a court system to regulate disputes and it should never be a licence for the sort of thuggery i have seen here.

 

I also want to thank the people who have PM'd me with their own experiences of Burlington. Quite staggering.

[Bailiff Advice]

tomr58

 

I did mentioned a few days ago that you should take you should consider taking your complaint to the High Court Enforcement Officers Association (HCEOA). Have you tried this route and if so, were they able to assist?

[tomr58]

tomr58

 

I did mentioned a few days ago that you should take you should consider taking your complaint to the High Court Enforcement Officers Association (HCEOA). Have you tried this route and if so, were they able to assist?

 

I think their track record of finding against members is rather poor, but I am reviewing this as an option, thank you.

[Bailiff Advice]

I think their track record of finding against members is rather poor, but I am reviewing this as an option, thank you.

 

In fact I have heard differently. Another point to consider is that if complaints are not made to the Association, then they will naturally take the view that the regulations are working well. Given that a complaint is free you really do have nothing to lose.

[wonkeydonkey]

thanks David

 

My point is that debt collection is an essential part of the legal process and it must be done correctly and competently. My view of Burlington is that they are not competent and are driven by their fees. They seem to have no respect for due legal process...I never even received an apology for their negligent actions. At alkl times they have been uncooperative, duplicitous and threatening, and as a licenced body they should have professional standards to display and maintain and not behave as if they have just arrived from the wild west. We have a court system to regulate disputes and it should never be a licence for the sort of thuggery i have seen here.

 

I also want to thank the people who have PM'd me with their own experiences of Burlington. Quite staggering.

 

Really? after only just joining and having made only 8 posts.............

[HCEOs]

If indeed the writ was issued in the incorrect name then the party who signed the form N293A may bear some liability. This will likely be the claimant themselves or Burlington's solicitor in their 'transfer up' department.

 

The enforcement agent who attended has a duty to execute the writ he is given and it is not for him to argue it's details. However, he should act sensibly and if there was indeed serious doubt as to the party liable then he could have taken control of goods and issued a Controlled Goods Agreement.

 

Clearly we have only heard one side and the EAs actions may have been due to the response he received when on site.

[Peterbard]

This will likely be the claimant themselves or Burlington's solicitor in their 'transfer up' department..

 

I was going to ask about this, in my recent application for transferring up. i did not have to sign a writ, in fact i did not see one, so is this just the case when the action has been held within the HC ?

[HCEOs]

Most HCEO's have a firm of lawyers acting for them that sign the form N293A. Either that or the claimant signs the N293A themselves.

 

The writ itself is not signed, just stamped by the issuing District Registry or the High Court (although the 'Freeman on the land' mob would have you believe it has be signed in blood by the Judge and sealed with his ear wax)

[Peterbard]

[quote=HCEOs;

 

The writ itself is not signed, just stamped by the issuing District Registry or the High Court (although the 'Freeman on the land' mob would have you believe it has be signed in blood by the Judge and sealed with his ear wax)

 

Lol, while standing on leg in a bucket of blood