Bailiff bullied step mum for payment (Marstons) step sons driving fines

[Smiteymouse]

Good morning

 

A bailiff attended my mother in laws address to retrieve payment of near £1200.

 

The debt is owed by her step son for driving offences. We only know this much because we read about it in the newspaper.

 

The step son used to live at the property over 2 years ago - and hasn't since.

 

The family no longer speaks to the son, and the bailiff visit came as a bit of a shock.

 

The bailiff was rude, arrogant and happy to shout out repeatedly that he was going to take goods if she didn't pay - making a scene presumably for effect - he even threatened to ring the police...

 

My step mum was frightened and didn't know her legal rights - and reluctantly paid £500. It was 7am and she had work and just wanted them to clear off.

 

Just under 2 weeks previously, they had posted a leaflet with a contact number on - which father in law called and explained to the bailiff that the debtor was no longer associated to this address - and hadn't for some time.

 

We have since contacted the courts - and they have told us that we shouldn't have paid.

 

The court also told us the bailiff had a Warrant of Order - and should not have threatened to take stuff or call police once informed the debtor didn't live there.

 

From what I have read up - this is the typical bullying behaviour that Marstons are seemingly licensed to employ.

 

I have contacted Marstons and been fobbed off with an email address to complain to - interestingly they did tell me that their agents wore body cams - however I'm betting that this agents probably 'malfunctioned' during this visit as he certainly did not conduct himself appropriately.

 

Where do I stand with this? The likelihood is now that they have had a payment - they will return for the rest.

 

Is there a way I can challenge their initial visit and reclaim the money paid - purely because of their threats rather than culpability?

 

Any help is greatly appreciated.

 

Cheers

[AndyOrch]

Thread moved to the appropriate forum..please continue to post here to your thread.

 

Regards

 

Andy

[Homer67]

How did the fine get paid, was it by credit card?

[Smiteymouse]

Sadly it was a debit card payment - had it been credit I think we'd have had the option to do a charge back

[Homer67]

Correct, shame but not hopeless, members with far better knowledge than me will be along to advise later no doubt.

[dx100uk]

go do a chargeback ring the bank

don't be fobbed off..

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?473624-Section-75-and-Charge-Back..-gt-Whats-the-difference-and-how-to-utilise-them

[Smiteymouse]

Thanks for this reply - the amount is £500 - having read the link it says the value of the goods (which I presume means the transaction) must be under £100.

 

Is this still an option?

[dx100uk]

no harm in trying..

[Bailiff Advice]

Good morning

 

A bailiff attended my mother in laws address to retrieve payment of near £1200.

 

The debt is owed by her step son for driving offences. We only know this much because we read about it in the newspaper.

 

The step son used to live at the property over 2 years ago - and hasn't since.

 

The family no longer speaks to the son, and the bailiff visit came as a bit of a shock.

 

When contacting the court, did you ask them for the address where they had been writing to? There should have been a summons, followed by a Notice of Fine/Collection Order and a final notice from the court called a Futher Steps Notice. Were any of these notices received?

 

I would certainly suggest that you make a Formal Complaint to Marston's. That is the correct course of action.

[Bailiff Advice]

I would also suggest that you read the following link concerning a debt for an ex husband.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?475182-Marstons-court-fine&p=5002587&viewfull=1#post5002587

[Smiteymouse]

The court were reluctant to tell us specific details - but anything that comes through in the debtors name is usually put to one side in the hope that he'll turn up one day to collect it. It's possible they were therefor sent - but not opened. I'll sit tight and see what happens with the complaint - should be interesting to see them defend their thuggish collectors behaviour.

[Bailiff Advice]

In your initial post, you mention that the family had read a press report about the motoring conviction. When roughly was this report?

[Smiteymouse]

In your initial post, you mention that the family had read a press report about the motoring conviction. When roughly was this report?

It was July 2016.

[Bailiff Advice]

It was July 2016.

 

 

Did the press report give the name AND address for the step son?