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She was asked if it was recording and she said yes, she became a bailiff last year. im sure it would of come through by now. The bailiff lives in Essex and always has.

 

With regards to the court where a bailiff is certificated, it doesn't necessarily relate to where the individual lives. Many times, the court will be the one that is used by the enforcement agency. Also, the certificated bailiff register is not known for it's accuracy and furthermore, it is very case sensitive so you need to have the exact spelling. If in doubt, I tend to select all and from the register and almost always, the name will be found.

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With regards to the court where a bailiff is certificated, it doesn't necessarily relate to where the individual lives. Many times, the court will be the one that is used by the enforcement agency. Also, the certificated bailiff register is not known for it's accuracy and furthermore, it is very case sensitive so you need to have the exact spelling. If in doubt, I tend to select all and from the register and almost always, the name will be found.

 

The site seems to be constantly down, however, I have spelt her name correctly. she even told me on Sunday how to do it and did it in front of her. However the site was down, again. But I did manage to get on there yesterday and it came up no search found.

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seanamarts, you have been going around in circles with this for a couple of days now. My first post to you on this thread upset you. I do not wish to upset you but everything that I said there is correct. It is highly unlikely that the wrong address has been listed, given that you have received correspondence. No it didnt

 

It is 99.99% unlikely that the bailiff does not hold a current certificate - Marston would not dream of sending someone out without a certificate in this day and age. Don't even waste your time with the bailiff register as it is so hit and miss. we shall see, have requested to see a copy

 

For the purposes of enforcement, it is also extremely unlikely that your son is going to be classed as vulnerable. By your own admission, he has "bought enough cars to know what he is doing". By the same token, if he receives a fine, he knows that he has to pay it. Ignoring it will only make matters worse.

 

No fine or court papers were ever received. 1 letter from Marstons in February, responded to twice, no response from them, I have proof emails were sent and proof of my sons condition

 

I know this isn't what you want to hear but it is the way it is. You are just going to get yourself worked up further and waste more time by thinking that you have redress. The only thing the bailiff did wrong in your case was to threaten to have your car removed so that she could gain access to your son's. This will not cause the bailiff any problems in a complaint. Not worked up at all, been doing this a long time now. She threatened to clamp my car and have it removed, a lot more to this that you are not reading

 

In your friend's case, if the bailiff saw a document proving the sale of the car to your friend rather than the debtor then there is ground for a complaint if the clamp remained fitted to the vehicle. It is likely that the bailiff would have explained to your friend that any payment made was voluntary, which covers her backside, even in the face of a complaint over threats to remove the car. no she didnt, she actually tried to take another payment from the card plus asked if she had any more cash

 

I find the best way to obtain the footage taken is to send in a subject access request. Give Marston an unconditional pledge that the footage is for your benefit and enquiries only and you will not be posting it on social media. Already done and im 50 not 12. I do know what Im doing with regards to that

 

If I could help you more, I would but I really think you would be best letting this one go - It is clearly winding you up and with the best will in the world, you are not going to get anywhere in either case.

I certainly wouldnt want your help but thanks

 

I will keep every one informed who is interested. I think you are done here now alreadyexists

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seanmarts

 

NOBODY on this thread has encouraged or supported you to make a complaint. You stated in post #25 that your son thinks the fine was for £80 "as far as he can remember". Not only does this comment point towards your son having knowledge of the fine but also that it was for failing to tax/sorn the vehicle, rather than not insuring it. This process involves several letters/reminders, not just one.

 

Don't believe everything that you read in PMs about me - Not wanting my help would be yet another mistake you have made.

 

You really do need to read what has been written, you get a notice from the DVLA when a car has no insurance, please do look it up. It was nothing to with TAX, they have never had a reminder to Tax or sorn the car.

 

My son was told by the bailiff that it was an £80 fine, she showed it on her tablet on the day she arrived. He said he thinks thats what she said, before that there was no knowledge.

I dont need to be encouraged or to be told when a complaint should or should not be sent. There are reasons that I cannot put in here everything as to why a complaint with regards to this certain bailiff was made.

I am more than aware that Marstons look on this website, I have dealt with them many times before.

 

I am fully aware of who you are and we have crossed paths in the past. I certainly DO NOT need your help because that would be a mistake and that would be the only mistake I would have made. Nice try though!

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Hostility?? you are mistaken, Ive shown no such thing. you obviously perceived it as such. That is purely your insecurities that you must harbour by being on here.

Now as I have said you are done here, you have provided little or no information that has been helpful, in fact you have had a very negative impact to what is a totally devastating situation to all persons involved.

You have a good day :)

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As the original screw-up was by DVLA, perhaps a resume of the facts to BBC Watchdog is a decent side bet, they have a large dossier on the broken oversized DVLA regarding messed up SORN, wrong information on insurance etc.

 

As to the actions of that bailiff regarding the third party car and children's toys, how can the nasty bitter mare sleep at night? Ah yes the smug satisfaction that she has grinched another child.

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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Someone is just bitter and wont take advice.

Car was registered at sons address

Therefore not got all the leters sent by the court.

Fine stands

Enforcement stands

Courts win

End of

Sgt Bush, my comment above was regarding this part of the original post by Seanamarts, who is a Cagger of long standing not her on issue which is a separate matter:

"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."

Surely as daughter non resident and proof provided might be DPA breaches and other issues at least on that ? That EA is deffo a grinch to threaten a 7 year old with taking their toys and that mummy is going to jail.

 

The friend needs to inform the court of daughter's address, and that the debt is not hers.

We could do with some help from you.

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You have a right to follow whichever path you choose.

 

However, it is disappointing to see the hostility that you display to anyone who disagrees with you or tells you what you don't want to hear..

 

The funniest thing I have ever seen on this forum.

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Seanamarts you cannot incur a fine for not having insurance unless you are caught driving on a public highway, in which case, the penalty would be £200, not £80.

 

Totally inaccurate information.

 

Using the DVLA database, the Motor Insurers Bureau (MIB) will send a warning letter to all vehicle keepers whose vehicles are not registered as having insurance on the Motor Insurers Database (MID). The warning letter advises that they could face a Fixed Penalty Notice (FPN) of £100 or prosecution by the DVLA.

 

An entirely separate fine would be issued if the keeper was found driving an uninsured car. The fixed penalty would be £300. The vehicle would also be seized by the police and removed to the pound. The fixed fees are £150 plus £20 per day. The vehicle would not be returned without proof of insurance (which in a high proportion os cases would be very difficult). Such an offence also attracts six penalty points on the drivers licence.

 

PS: I'm not sure whether the fixed penalty rate was lower in 2015. It may have been.

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Seamanart's son has a court fine from around 2015 which seemed to start life at £80. It is clearly motor related. Whether it relates to not registering the vehicle as SORN, not having road fund licence or being uninsured is actually beside the point and frankly, unimportant.

 

Only yesterday I had a client update me on the outcome of a Statutory Declaration appointment in relation to an £80 Fixed Penalty from 2015 for her vehicle being without Road Fund Licence. All documents had been sent to her previous address (she sold the vehicle as soon as she moved). Her court fine when it reached bailiff stage was well in excess of £600. Her Statutory Declaration was accepted and she was able to pay the £80 Fixed Penalty to conclude the matter.

 

PS: My posts seem to be crossing with another posters. No problem as long as the accurate information is provided in the end.

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Alreadyexists,

 

Yet again, you have managed to ensure that another thread ends up going to many pages. Before your recent new identity on here, threads would rarely go to more than 15-20 posts. Now, we have threads running to 70-80 replies (this one is now up to 72 replies).

 

Give your comment in posts number 58 (below), there was no need whatsoever for any further comment.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?480338-Marstons-gain&p=5052634&viewfull=1#post5052634

 

Your lack of knowledge on this subject was evident in post number 23 when you said this:

 

I wasn’t aware that the DVLA concerned themselves with insurance, they are normally involved in tax and SORN vehicles.

I felt it best not to correct you but when you repeated the same this morning, I felt that it was only right to provide the accurate information for the forum and it's many visitors.

 

But true to form, you are back doing what you have always done in the past and that is to try 'point scoring'....and arguing. There is no need for it on this forum. It is very tiresome.

 

Your last post (post number 72) is also another irrelevant post. If you read back on the posts you will see (as I did) that the OP's son admits that he received two letters from Marston Holdings in March. He responded to those letters. Accordingly, he would have very little chance of applying for a Statutory Declaration. He would fail on the requirement to file the declaration within 21 days of 'becoming aware' of the fine.

 

PS: The right thing to do now is to wait for Seanmanarts to update the thread.

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Just to clarfy things.

As pointed out my son thought the bailiff showed or said £80.00

You couldnt see on her screen as it was bright sun light and her screen was cracked. Plus there was a lot of commotion.

My son is no longer the registered keeper of the car and hasnt been since the latter end of 2015.

It was for no insurance on the car and it was from the dvla. It is being looked into. There seems to be some confusion as to when this did go to court.

Im awaiting this conformation.

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THanks seanamarts for keeping the thread updated.

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Someone is just bitter and wont take advice.

Car was registered at sons address

Therefore not got all the leters sent by the court.

Fine stands

Enforcement stands

Courts win

End of

Wrong!

 

Having checked, there is a facility to issue a penalty for no insurance.

 

 

However, this figure is for £100 not £80 and the criteria remains the same, ie that any vehicle that is sorn would be exempt.

 

 

It would certainly be the case that your son was given the opportunity to sorn the vehicle (or alternatively inform them that the car was no longer owned by him).

 

 

They wouldn't just bulldoze into issuing penalties without first giving the owner chance to either rectify the matter or sorn the vehicle.

 

They did.

It wasnt for a sorn it was for no insurance.

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You fail to understand what the fine is for.

Vehicles can only be in 4 states.

Sorn

Taxed and insured

Scrapped

Exported

 

Your son was fined for being the registered keeper at the time the vehicle was not sorned but had no tax and insurance in his name.

 

They would of sent letters to the address that the car was registered at...... Not your address.

That's why you haven't had all correspondence.

But its been sent to the correct address.

Your son did not follow the correct procedure in informing the dvla.

And then did not follow it up.

Then got warning letters but shrugged shoulders thinking its got nothing to do with me.

Well it has otherwise the courts wouldn't of issued a warrant

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I think Sgt Bush is almost there.

 

Another scenario is that the garage did some work on your son's car to make it roadworthy and then sold it. Before they sold the car it was noted parked on a road [possibly outside the garage] without being insured.

 

The new owner registered the car and either they or the garage was sent the initial charge from the DVLA for having no insurance.

As the new owner had bought the car after the alleged offence occurred DVLA looked for the previous owner.

 

 

They may have have found out that the garage that sold the car was no longer in existence

so your son was to them the next logical person to pursue.

 

 

That would explain much of the missing paperwork and why the bailiff did not want to show too much detail

as I expect she was chasing your son with a document from a different address.

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I'm still not quite there as that wouldn't explain why your son has not received the more recent correspondence.

 

The DVLA should be contacted to see what enquiries they made after your son denied again that he did not own the car when the offence occurred and if they responded to your son after the second denial and what adddress they were using .

 

 

As well as finding out from the Court what address they were using and where that came from as it wasn't your son's.

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You fail to understand what the fine is for.

Vehicles can only be in 4 states.

Sorn

Taxed and insured

Scrapped

Exported

 

Your son was fined for being the registered keeper at the time the vehicle was not sorned but had no tax and insurance in his name.

 

They would of sent letters to the address that the car was registered at...... Not your address.

That's why you haven't had all correspondence.

But its been sent to the correct address.

Your son did not follow the correct procedure in informing the dvla.

And then did not follow it up.

Then got warning letters but shrugged shoulders thinking its got nothing to do with me.

Well it has otherwise the courts wouldn't of issued a warrant

 

Please read very carefully with regards to what I am about to write. Words from the bailiff herself, that is all I can work on. Fine was for no insurance on the car from the dvla.

I've never said the letters were sent to my address, please can you point out where I have said this please. I've also not said the correspondence was sent to the wrong address, please again can you point out to me where that has been said.

The first my son knew something was amiss was that a letter from parking eye was sent to my son at his address that The car was parked over a time limit over 200 miles away.

Immediately my daughter I law with my help wrote to DVLA and requested that the details be changed on their data base as my son was no longer the registered keeper.

They wrote back and requested that he send in all information. A letter was written back stating that all relevent paper work had been sent at the time the car was sold. The next they heard was a notice that the car was uninsured sent by MIB

Again letters were written stating that they were not liable as all relent paper work was sent.

It went to and fro for a number of weeks then nothing. Since 2015 no sorn letters have come through, not in 2016 or 2017. Now if the car was still registered in his name, those documents would have Been sent which going by records would have been due in May.

 

Not court papers have ever been recieved, my son is NOT a liar and has no reason too. He has dealt with car and selling of cars all his adult life. Never has he had this type of problem before.

DONT go around falsely accusing people when you clearly do not have the proof. That IS NOT, what this forum is for.

Marstons didn't get in contact until March of THIS year. 2 emails were sent and both were not responded too.

 

Now unless you have anything useful to say then may I suggest you do not continue on this thread thankyou

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I'm still not quite there as that wouldn't explain why your son has not received the more recent correspondence.

 

The DVLA should be contacted to see what enquiries they made after your son denied again that he did not own the car when the offence occurred and if they responded to your son after the second denial and what adddress they were using .

 

 

As well as finding out from the Court what address they were using and where that came from as it wasn't your son's.

 

Nothing has been recieved since 2015.

Once I have recieved a response from Marstons at what court dealt with it and the case number etc then I can deal with that side of matters and see what address was on there. As the bailiff had no paperwork at all and only showed partial information on her broken tablet which was very difficult to see, I can only act on what she has said.

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For those following this thread, information on the recording of vehicle insurance in the motor insurance database(MID), and enforcement of penalties here.

 

https://www.mib.org.uk/reducing-uninsured-driving/continuous-insurance-enforcement/

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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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  • 1 month later...

A little Update.

 

Well we have gone through stage one of both complaints now and have started on stage two on both.

 

Monies have been returned to the lady whose car was clamped unlawfully.

There was footage but we believe that it has been tampered with as the bailiff was there for 2 hours and only 69 mins were recovered, I have requested the footage.

 

There was some technical issues with it to start with and certain things havnt been dealt with because of this.

Marstons have partly upheld the complaint and the bailiff is going to be called in by her manager and dealt with.

The lies this bailiff has told is unquestionable and very serious.

 

£200 pound has been given back to my son, again there were technical issues with her recordings and nothing was recovered from it.

Again this bailiff has lied through her teeth.

 

We have also found out that my son was fined 3 times for the same car on the same day.

A formal complaint has been sent to DVLA.

 

I now need to find out why a fine was issued 3 times for the same vehicle on the same day.

The vehicle is no longer in his name and hasnt been since 2015.

It had gone to court in May 2016.

 

This was handed to marstons for collection in February 2017.

Marstons have denied that emails were sent to them with regards to their financial and disabled status when they requested it,

2 letters of proof were sent via email 2 weeks apart and proof of this can be seen from email records.

No 7 day notice was given on both accounts.

 

I have found out a lot with regards to this bailiff and my personal feelings about this, I feel should be relayed to Marstons.

 

This particular bailiff made a point that she knew full well what the law was as her husband was a police officer.

However what she failed to say was that his was dismissed from the police force last year for gross misconduct.

 

 

Now this is the interesting bit.

Against the advice of his superiors, he started a private detective business, whilst being a police officer,

it was later found out and this is the reason he was dismissed,

that he had been using the police data base for his own personal gain in finding out information for his clients.

 

 

He was instantly dismissed, he then appealed and lost and was found that it was gross misconduct.

Now, a few months later this bailiff, his wife, who was a carer, joined Marstons.

 

What I would like to know is how much private data is she privy too and how much data can she pass on to her husband.

He still has the private detective agency up and running.

I wonder if Marstons are aware of this?

 

Any way, Stage 2 is now going ahead on both accounts. Will update as and when.

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