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    • To clarify and to apologise for what appears to be ignoring your advice.  I am not the only one dealing with this and due to a miscommunication, the email  previously referred to was sent without my knowledge. Had I realised I would have waited and sent the email you suggested.  Having looked through the email communication, there are some dates that are relevant regarding what they promised. and when. As mentioned previously, we were going to use a different company. On the 22/5 they quoted,, but as they didn't do finance, even though  they were a lot cheaper and  they could fit the windows within three to four weeks, we decided to get another quote. On the 2/6 there was email correspondence with Ideal Windows saying the other company was lying and they could do it in eight weeks. On the 5/6 an email was sent asking if it was possible to speed up the process as our builders needed to finish the renovations which they were unable to complete  without the windows being installed. They had been told the builders would be returning home at the very latest on the 20/10 and they needed to be finished well before then. On the 11/6 the contract was signed and on the 15/6 an email asking when someone was coming to measure to avoid delay. on the 19/6 and email saying we still haven't heard we are pressed for time. If no one comes by the 23/6, we will have to cancel with 14 days notice. on the 29/6 they said we needed to go and sign a new contract as they had tried to charge us for something we didn't ask for, an extra £300. Then stating we don't need to go there as they have managed to amend it. During July and August only telephone calls, the date to start  should have been the last week in August, this was cancelled a few days before saying there was a problem with the supplier, contrary to them saying they weren't affected by covid. This happened at least four times in all  On the 22/9 we again said we needed to  cancel as our builders were returning home. They responded by saying there would be a financial penalty. It wouldn't make sense to choose to use them if they had said there was a problem with the suppliers and there was no definite date to start. Maybe I'm wrong but it feels we have given them notice enough times without them fulfilling there side of the contract.  If it isn't deemed to be the case then we will of course take your advice.        
    • Hi all, Would appreciate someone pointing me in the right direction of resources. I initially signed up to a mortgage with Kensington mortgages. At the the time I had no idea that they were giving me an interest only mortgage at am extortionate rate not to mention the fees charged. I was then moved onto UCB Homeland which have cotinued to keep me on an interest on mortgage but again at a really high rate despite them being so low for a long time. I am still being charged a very high rate. Due to current financial circumstances I'm unable to move lenders.    What options do I have?    I remember seeing details of potentially reclaiming the charges and some interest payments. Is this correct and if so how do I start the process?   Many thanks in advance for your help
    • You are welcome to ask for advice here – but please would you start your own thread. Also, please don't spam this forum with links to credit advice companies. We'll be very pleased to help you though – if that's what you need
    • Sorry for not posting but I have done this many times after the advice on this brilliant forum, but long story short I had a court claim issued by Lowell’s re an old Three account and one for JD Williams which they had conveniently bundled together as a single case.  Anyway went through the months of legal tennis during which time as always they failed to provide any actual proper paperwork.   Just as I was about to comply with pre hearing request and send off my WS I had a letter from them to say they have discontinued the case. Of course I will check with the court but as the excellent mods on here say Don’t ever lie down and give in to these Sharks - never, ever.
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Hi guys long time no see, hope the old gang is doing well.

 

Have a huge problem here but please bare with me

 

My son had huge issues with dvla for a car he sold to a garage.

All paper work was sent off by him but the garage failed to do their part.

 

 

He got a letter from dvla saying the car was not insured.

he wrote off to them with all the details stating the car was no longer in his pocession and it had been sold to this garage.

 

Dvla wouldnt except that so they appealed, again they refused to accept it and again he appealed. Then nothing.

 

It had gone to court without his knowledge and fined.

Marstons have it on record that they wrote to him in February this year.

But my son has never received a letter from them or a court fine.

 

Today without any warning a bailiff turns up.

She threatens to take everything in the house bar the children's things.

She was asked to leave.

 

 

She then went ahead and clamped the car.

My son who is disabled and his wife who is a very anxious lady both on reciept of benefits so are classed as vulnerable with 2 children told her this and requested if they could pay in instalments by she refused.

 

No warning was given that she was coming round and they had no idea that a debt even existed.

 

She had no certificate on her and said it was in the middle of being transferred from Liverpool so she couldn't show it.

 

Their was no paperwork apart from what she showed on her tablet.

No break down was given.

She called the police and they immediately took her side letting her claimp the car.

 

She had her mother talking with her and the police officers who lived opposite my son.

Who stood there hands on hips staring at us whilst we tried to reason with this abnoxious woman.

Even try in to push past a 20 of stone man.

 

1. I thought that they had to give notice that they were coming 7 days before they turned up.

2. I didn't think they could turn up on a Sunday unless via a court order.

 

She even threaten to take my car off the drive so to get to my son's.

 

Before this visit she went to a friend of mine.

She clamped her car again with no notice for a debt for her daughter that hadn't lived there for two years.

The car was in my friends name so she hadn't even checked.

She went into the home and told a 7 year old boy to pick out his dba because she was going to take them.

She didnt care how upset this little boy was.

 

My friend had to pay this bailiff to get the clamp off her car.

Surely this bailiff cannot do this.

 

The bailiff then proceeded to tell my friend that she will be back to collect other debts of her daughter's that she openly discussed,

her is 21, surely she shouldn't be shouldn't that.

 

Any advice on this be for i put in my complaints.

 

By the way the car is worth 1800. The debt was only 600. It was paid but not by my son.

 

Cheers guys

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As they are disabled was there a Blue Badge on the car? Since 2014 they can call on Sunday, I am horrified that Marston behaved in this way, perhaps BA will come along soon.

We could do with some help from you.

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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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Hi brassy, no it wasn't in the car and she said it was too late she had seen the car without a disabled badge.

 

Hi brassy, no it wasn't in the car and she said it was too late she had seen the car without a disabled badge.

 

Surely calling on a Sunday can't help those who can check on what is happening.

This was totally out of the blue.

She even admitted that there was no other correspondence from marstons since February.

Such a rude and obnoxious woman.

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so they can clamp a car not belonging to the debtor.....???

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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ah read it wrong then..

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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We need to know exactly what it is that you wish to complain about.

Marston will almost certainly claim that a NoE was sent out and they were quite within their rights to visit today.

Furthermore, the amount outstanding has been paid.

All Marston visits are filmed so it will be a fairly easy task to verify conflicting versions of events.

 

There appears to have been an awful lot of letters not received here,

posted by your son,

the court & Marston.

 

 

It is also worth pointing out that it wouldn't have mattered what the garage did with their slip,

it was your son' responsibility to give details of the new keeper.

 

The only possible thing that may help is if the court paperwork was sent to an incorrect address but I really think that you are wasting your time complaining.

What do you seek to gain from a complaint?

 

 

You must appreciate that a visit from a bailiff is never going to be a happy experience and the bailiff's job is to crank pressure onto the debtor to pay the debt.

If there was a blue badge inside the car, then it shouldn't have been clamped.

If there was no blue badge then the bailiff was entitled to clamp it.

 

 

It may have been prudent to have made more enquiries about the disability and the blue badge but as the clamp was removed, it is hypothetical now anyway.

 

Had the money not been paid, you may well have had a good, strong argument to be allowed to make payments in installments but this issue is also now hypothetical.

 

I would check with the court to see what address all of their paperwork was sent to but as regards to complaining, I don't think that you have much of a case.

You will not get the money back, you will not be compensated and the bailiff is highly unlikely to be disciplined based on what you have posted.

 

Wow! Did you actually read anything I wrote? For YOUR information I deal with ALL my son's correspondence . I prefer comments from people who are helpful not condescending or patronising.

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1. No paperr work

2. No idea what court it was as no paperwork.

3 no notice.

4. Everything to do with the car was sent. I sent it I helped appeal twice, then nothing.

 

Nothing from the court...... No paperwork

Nothing from Marstons only a little note she had on her tablet.

Threatening to take children's items, clamping the wrong car. Discussing the matter with her mother.

No reason for complaint? I havnt started yet.

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Hi guys long time no see, hope the old gang is doing well.

 

My son had huge issues with dvla for a car he sold to a garage. All paper work was sent off by him but the garage failed to do their part.

 

He got a letter from dvla saying the car was not insured. He wrote off to them with all the details stating the car was no longer in his pocession and it had been sold to this garage.

 

DVLA wouldnt except that so they appealed, again they refused to accept it and again he appealed. Then nothing.

 

It had gone to court without his knowledge and fined. Marstons have it on record that they wrote to him in February this year.

But my son has never received a letter from them or a court fine.

 

Cheers guys

 

First things first...when the car was sold to the garage, the responsibility for advising DVLA of new keeper, was with your son and not the garage. Furthermore, a motor dealer would not be required to inform DVLA.

 

You say that your son had been fined in his absence and furthermore, that the enforcement agent confirmed that Marston had written to your son in February. What this seems to indicate to me is that all notices from the court (the summons, the Notice of Fine/Collection Order and the Further Steps Notice) and the Notice of Enforcement from Marston Holdings had been sent to a previous address.

 

Has your son moved address since selling the vehicle?

 

PS: Good to see you back on this part of the forum. Its been a long time !!!

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First things first...when the car was sold to the garage, the responsibility for advising DVLA of new keeper, was with your son and not the garage. Furthermore, a motor dealer would not be required to inform DVLA.

 

You say that your son had been fined in his absence and furthermore, that the enforcement agent confirmed that Marston had written to your son in February. What this seems to indicate to me is that all notices from the court (the summons, the Notice of Fine/Collection Order and the Further Steps Notice) and the Notice of Enforcement from Marston Holdings had been sent to a previous address.

 

Has your son moved address since selling the vehicle?

 

No he hasnt moved in 3 years, he sold the car 2 years ago he sent in the correct paper work. The garage had closed down just after.

He got the notice from dvla and it was appealed twice then nothing. We don't even know what court it was heard at or even when.

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Nothing from Marstons only a little note she had on her tablet.

 

If it is the case that Marston Holdings sent a Notice of Enforcement in February and nothing further since that time, it would usually mean that the account had been passed to Marston's 'tracing department '. This was again indicate to me that all notices had been sent to a previous address.

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If it is the case that Marston Holdings sent a Notice of Enforcement in February and nothing further since that time, it would usually mean that the account had been passed to their 'tracing department '. This was again indicate to me that all notices had been sent to a previous address.

 

We asked her if she had the right address and she was adamant the address was correct. She was not very forth coming in giving anything. Not even a payment plan even though shevwas told that the family are classed as vulnerable.

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No he hasnt moved in 3 years, he sold the car 2 years ago he sent in the correct paper work. The garage had closed down just after.

He got the notice from dvla and it was appealed twice then nothing. We don't even know what court it was heard at or even when.

 

If it can be established that all notices from the court had been wrong addressed, then this in itself would mean that your son could contact the magistrates court to get an appointment for a Statutory Declaration.

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so they can clamp a car not belonging to the debtor.....???

 

This is what she did to my friend. She clamped her car before even knocking on the door, my friend had to pay for someone else's debt before she would unclamp the car, she was even shown proof that the car was hers and not her daughter's who didn't even live there.

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If it can be established that all notices from the court had been wrong addressed, then this in itself would mean that your son could contact the magistrates court to get an appointment for a Statutory Declaration.

 

We need to find out what court that was then. Only Marstons know that?

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We asked her if she had the right address and she was adamant the address was correct. She was not very forth coming in giving anything. Not even a payment plan even though shevwas told that the family are classed as vulnerable.

 

I continue to be doubtful about the address used by the courts. This is because, it would be almost unheard of for Marston's to sit on this account since February. Furthermore, the contract that Marston has with HMCTS provides for a very strict period of time for retaining a warrant.

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I continue to be doubtful about the address used by the courts. This is because, it would be almost unheard of for Marston's to sit on this account since February. Furthermore, the contract that Marston has with HMCTS provides for a very strict period of time for retaining a warrant.

 

I will get onto them first thing to request for all paperwork pertaining this matter. I've already got a letter of authorisation to deal with this from my son.

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We need to find out what court that was then. Only Marstons know that?

 

That is almost certainly the 'starting point'. I would suggest that you try calling the enforcement agent in the morning for further details. Please post back once you have done so.

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That is almost certainly the 'starting point'. I would suggest that you try calling the enforcement agent in the morning for further details. Please post back once you have done so.

 

No number on reciept just her name. She refuses to tell me or any one anything. I will have to contact Marstons direct.

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No number on reciept just her name. She refuses to tell me or any one anything. I will have to contact Marstons direct.

 

As you have authorisation, you should be able to make enquiries. You need to find out which HMCTS court had issued the warrant and what address the company had written to in February.

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I wasn't aware that the DVLA concerned themselves with insurance, they are normally involved in tax and sorn vehicles. If there is a discrepancy with the address,

 

For the last six years or so.

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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Right a little update.

 

I have been up all night with this going over paperwork.

 

Although no court documents have been received, a letter from Marstons was received on the 1st of march.

 

An Email was sent to Marstons on or around about the 7th and then again on the 20th as had no response from them. I have proof of both of these being sent.

 

The bailiff in question is NOT on the bailiff register, albeit she told me she was certificated in Liverpool.

 

No notice has ever been sent and she admitted that nothing had been sent from Marstons since February.

 

My daughter in law sent, via emails to prove that it was a vulnerable household.

 

There was no break down of charges left and as far as my son can remember it was an £80.00 fine for not insuring a car that he sold in early 2015.

 

They had sent numerous letters as I have said to DVLA stating that the car was no longer in their possession after receiving a letter from Parking eye from up north and please could they change the details accordingly.

 

A few months later the letter arrived to say the car was not insured, again DVLA was told that the car was no longer in their possession as they had stated previously.

 

Nothing was ever heard from Parking Eye again so we presumed that DVLA had changed over the details.

 

Then nothing until February of this year from Marstons. Which was responded to twice.

 

Marston knew the address, but have done nothing until yesterday.

 

I am also dealing with another incident with regards to the same bailiff that happened yesterday.

 

The bailiff was shown proof that the car she had clamped was not the debtors, but refused to take the clamp off until money from a credit card was taken.

she actually tried to take the money twice.

 

she threatened the lady and her son stating that his mummy would go to prison, she questioned the little boy asking where his sister worked and made him take out all his wii games and said she was going to take them to pay off his sisters debt and if she didnt get payment mummy could be arrested.

 

The bailiff threatened to call the police and say she had been assaulted but wont call them if the debt was paid.

 

she made the lady open all her daughters mail so that she could read them.

 

The lady has been in touch with her credit card company and has stopped her card plus they have explain to her that what this bailiff had done was fraud and they will be taking action.

 

I am now going to contact Marstons and see what they have to say about this.

 

Forgot to mention that the amount she was charging was £680.

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no it was a cashed deal, the car was sold for scrap value.

There was a receipt, but it was so long ago now its been either binned or lost.

The garage went bust a short while after so we cannot even get a duplicate.

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Right a little update.

 

I have been up all night with this going over paperwork.

 

Although no court documents have been received, a letter from Marstons was received on the 1st of march.

 

An Email was sent to Marstons on or around about the 7th and then again on the 20th as had no response from them. I have proof of both of these being sent.

 

The bailiff in question is NOT on the bailiff register, albeit she told me she was certificated in Liverpool.

 

No notice has ever been sent and she admitted that nothing had been sent from Marstons since February.

 

My daughter in law sent, via emails to prove that it was a vulnerable household.

There was no break down of charges left and as far as my son can remember it was an £80.00 fine for not insuring a car that he sold in early 2015.

 

They had sent numerous letters as I have said to DVLA stating that the car was no longer in their possession after receiving a letter from Parking eye from up north and please could they change the details accordingly.

 

A few months later the letter arrived to say the car was not insured, again DVLA was told that the car was no longer in their possession as they had stated previously. Nothing was ever heard from Parking Eye again so we presumed that DVLA had changed over the details.

 

Then nothing until February of this year from Marstons. Which was responded to twice.

 

So Marston knew the address, but have done nothing until yesterday.

 

I am now going to contact Marstons and see what they have to say about this.

 

 

Thank you so much for updating the forum with more background information. It helps a great deal.

 

I would suspect (but I could be wrong) that after receiving the letters from your daughter in law dated 7th and 20th March that Marston may have returned the warrant back to the court. If so, the warrant may have been reissued hence this could explain the absence of any involvement from Marston's until the weekend.

 

Can I just mention a little about 'vulnerability'. Firstly, exemption does not apply to a 'vulnerable household', instead, it is applicable to the debtor ( in this case; your son). With vulnerability, your son would need to provide evidence to outline what it is about HIS vulnerability that makes it difficult for HIM to deal with the debt.

 

You mention in your post that apart from the letter that had been received from Marston's in March that your son had not received the summons or any other documentation from the court. In most cases, I would suggest that an application could be made to the court for an appointment for a Statutory Declaration. Unfortunately, I think that this option is not going to be available to your son given that such an application must be made within 21 days of 'becoming aware' of the fine.

 

Please do post back once you have spoken with Marston's.

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no it was a cashed deal, the car was sold for scrap value. There was a receipt, but it was so long ago now its been either binned or lost. The garage went bust a short while after so we cannot even get a duplicate.

 

I am assuming from your post that the vehicle was not scrapped and instead, was either sold on or used by others connected with the garage. In many cases such as this, DVLA will usually agree to amend their records to remove your son as being vehicle keeper if proof can be given that road fund licence and insurance were cancelled around the time of the disposal.

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