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    • Hi Andy,   Thank you for your message. I was just about to post a message regarding the latest developments so your note is very timely   Regarding latest developments the following is the situation   Dear All,   1. We received a notice from CEL that because they have discontinued their claim, they consider the matter is now closed as we have not submitted our counter claim, However, my wife replied to the email that the Counter Claim was attached to the Defence Documents which was submiteed and copied to them.   In any event they knew that there is a Counter Claim because they asked us to drop it within 7 days and then they offered to pay our court fee only. !!   2. Firstly, there is an issue here. CEL submitted their notice of discontinuance 2 days after the deadline for their court fees to be paid. And also, as far as we are aware, they have not paid their court fees.   3. Surely their case should be struck out by the court for this failure to pay their fees on time - irrespective of their submission of the Notice of Discontinuance two days after the deadline date which they obviously made after the receipt of the Defence Documents.   4. As for their comment that we have not submitted our counter claim, this is definitely not the case as we made the Couter Claim and submitted this when we replied to their writ. So, as far as we are concerned, the counter claim is still very valid   5. As we are within our 28 days limitation, we have not advised the court whether we are accepting their notice of discontinuance or not. We acknowledged its receipt only. We have submited the Case Plan to the court today.   6. Although it was not stated that we have to copy CEL, we are copying them anyway   7. As advised earlier to CAG we will follow CAG’s advice but we will action this before the hearing date   8. However having had the latest advice from Andy,  a. should we add the GDPR claim as an additional claim, and b. should we add the County Council as an additional party to the counter claim as previously advised.     thank you Warm regards BF      
    • Not usually, I'm afraid, it tends to confuse things and we like people to stick to one thread per issue. If you aren't getting replies as quickly as you like, it could be that you're asking about complex issues that not all that many people have experience of and will need to be patient until they can get here to answer you.   I'll merge your threads.   HB
    • yes we already have that its here in this thread    follow my search advice as earlier read other threads here on CAG      
    • Yes. It is.  Sorry I thought it might be best to start a new thread
    • Hi.   I know you have a few threads going, is this one connected with the one you posted on earlier please?   HB  
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A possibility for sure. Have you any links to the newspaper stories?

 

I am always suspicious of supposedly secure BWC footage and bailiffs use of it.

 

Great detective work seanamarts, that bailiff and husband seem to be a particularly nasty pair.

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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:-) empty now. Marstons still seem to think they are above the Law and need investigating, however DVLA are the prime movers in your son's case the whole sorry mess is down to them, so go get them girl.

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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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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if its in the public domain you are quite ok to post a link to the article here

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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If I provide the link it will show who the bailiff is.

 

Yesterday I put up some info in a spotted page for clacton,

just generally asking people if they have had any issues with regards to this bailiff,

i mentioned no names.

 

I was overwhelmed by the amount of messages I received from people who have placed in a complaint about her and who wants to complain.

 

Most of them were for the same thing as I have complained about.

No 7 day notice

Threats with a lock smith

Clamping cars that did not belong to a debtor and not releasing them even when proof has been shown.

bullying and threats to call the police if they didnt pay.

Forcing her way into a property when a child answered the door.

pushing past a heavily pregnant lady to get into the property.

 

With this complaint, Marstons sent a bunch of flowers and the complaint is still at the first stage.

Overcharging people, no paperwork showing the fees and charges, the list goes on.

 

This woman is a total nightmare.

 

These were all mainly to do with PCNs, some of which could have been taken back to the TEC if people knew they had them.

 

To top it off, her mother started ranting on that now her daughter is being promoted so she doesnt have to deal with people at their address anymore so she cant be as bad as what people have made out. Seriously!!

 

If this is the kind of bailiff Marstons want working for them then Im totally shocked that they are letting her get away with this as she is costing Marstons hundreds of pounds.

 

This woman has only been a bailiff since November last year, she is nothing but a bully and a total liar.

 

Certainly hasnt been trained to the standards that they are meant to be, unless Marstons are back to their old tricks again.

 

Today I have had another 2 more people asking for help with regards to placing a complaint against this bailiff,

 

again no 7 day notice and threats of entry with a lock smith, she pushed past another debtor and placed her foot in the door to prevent it being closed.

 

Threatened to take tools of the trade and threatened to break into a property because the tools were removed from a works van that was clamped.

 

This bailiff is waiting over 6 months to execute warrants??

 

Once again one of these was a vulnerable house hold and this bailiff refused to take this on board.

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  • 2 weeks later...

**UPDATE***

No update really, Marstons seem to be really dragging their feet here on replying and sending information that has been requested through a SAR.

Stage 2 has gone off and a reminder has had to be sent as its been well over the 10 day mark.

Another compliant has gone in with regards to another person.

I thought Marstons was meant to of been getting better?

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  • 4 weeks later...

Another update, still nothing.

However I have some good news for the 3rd complaint that was put in. A payment for £235 was returned. However the bailiff in question reported that she didnt attend on the day in question and yet again there was no recordings made even though she was requested by the person to turn it on and she said that it had been turned on.

 

Still no further forward with the SAR that was sent well over 40 days ago, in fact we are now reaching the 3rd month since it was requested. still nothing on the stage 2 complaint procedure. I have sent in everything they have requested and yet still nothing apart from an acknowledgement that they have received the emails.

 

So now going to write via snail mail to the CEO and place the complaint with the Ombudsman.

I cant see what else I can do here.

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You have 2 routes for non-Compliance of the SAR:

 

ICO - will probably take forever and no doubt will end up telling them they have been very naughty

Court - submit an N1 but be warned it is classed as a non-money claim so the fee is reasonably steep. Does make them sit up and take notice though as they could b held in Contempt if ordered to comply.

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You have 2 routes for non-Compliance of the SAR:

 

ICO - will probably take forever and no doubt will end up telling them they have been very naughty

Court - submit an N1 but be warned it is classed as a non-money claim so the fee is reasonably steep. Does make them sit up and take notice though as they could b held in Contempt if ordered to comply.

 

Dont really want to go the court route and throw money at this as im trying to get money back.

However Ive been in touch with the DVLA with regards to my sons case and they are not having any of it. Going to stage two complaints with that one as well, They have also told me to make an application to the court with regards to the fine. He was fined £200 plus £130 costs, which I find this very steep indeed. I was on the understanding that this was a £100 fine with £80 costs. Its like they have doubled it. They have admitted that they received a letter stating that the car was no longer with my son and that they had sent back all the relevant paperwork, but that it was too late as now a charge had gone against him.

So now writing to the court and placing a complaint with the Ombudsman as I know the ICO will drag their feet just as Marstons have done.

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