Have I got Marstons Bang to rights?

[hhh_88873]

Ok this may be a little long winded, the background isnt really relevant but the crux of this matter is a while back I got a speeding ticket and a fine.

 

I had moved house and didnt know anything about the specfics of the action (I knew something was going in but had made an appeal before hand and that was the last I knew of it)

 

I got a letter through my door from a Marstons bailiff when I wasnt home, that said they wanted £400 and were going to return with a locksmith and add £250 to the total.

 

I went to the magistrates court (12/12/2011) and had the matter adjourned to gather information until (16/1/2012) and the court ordered ALL collection and enforcement to cease until that date.

 

About a week later the Marstons bailiff attended my address again and sent me a text message saying he was going to force entry and take goods and that I should contact him immediately.

 

Fortunately I was at home and went outside to speak to him.

 

He refused to show me a warrant card, only a marstons ID badge, he also refused to show me any of the warrant information.

 

He then said he was going to enter my property. I made it very clear that if he set foot one inch past the threshold of my garden I would bodily remove him as A, I had a newborn baby in the property, and B, his warrant was not legal as it had been suspended on the 12th.

 

He refused to believe me and said If I tried to stop him he would have me arrested. I then got the paperwork from the court that I had been given to prove I had had the matter suspended and he accused me of having a forged court document.

 

I stood firmly in the way of his van door on the public pavement and would not let him exit his van until he rang his office to clarify what I had told him.

 

He eventually did so, and was put through to the court who confirmed everything I had said.

 

He then swore, wound up his window and aggressively drove off.

 

I was at the court again (16/01/2012) and the Judge (yes a Judge, not a magistrate) said I should consider taking civil action as it was quite clear that the action had been suspended and there was no valid warrant in place for the second visit.

 

The matter has been adjourned again and the Judge has said he will very likely dismiss the entire matter under 'special reasons' but he wanted the matter retained in his docket so he could follow any action I intend to take against the Ministry and Marstons.

 

I have emailed marstons for their version of events but doubt Ill get anywhere with them.

 

Anyone have any ideas/pointers on my next move?

[MARTIN3030]

Early doors for our regulars-no doubt they will respond later today.

[seanamarts]

Well done

 

I would place a formal complaint in with the CEO of Marstons Group, and see what their response is, you can escalate the complaint further to the ACEA Here

[wonkeydonkey]

Yes I agree with Seanamart you do need to file an Official Complaint with the CEO of Marstons and I would suggest you give them 14 days to reply. You can of course file a complaint with ACEA but don't hold your breathe to getting a result.

 

Following this you then start action as advised by the Judge... they do not make the suggestion lightly that action be taken and from my personal experiences this is quiet way of advising that you do indeed have redress to Marstons actions. A form 4 complaint against the Bailiff in question is I think in this instance, called for. This Bailiff of course will transfer the blame to Marston Group office for their poor administration so I would be inclined to take action against both Marstons and the Ministry.

 

WD

[hhh_88873]

Well I sent a complaint off to marstons last night, I'll post it up when I get down to my lap top and see what you guys think.

[hhh_88873]

OK This is the email I sent last night.

 

 

Dear Sir,

 

I recently wrote to you to express my dissatisfaction with a visit conducted by one of your Bailiffs, a Mrxxxx.

 

I note with some dissatisfaction the blatant attempt to ignore my complaint. Although this is unsurprising as you were never going to take any complaint seriously when you have not had to answer for it via an independent body.

 

Mr xxxx attended my property and put a notice through my door when I was not home stating the next time he attended he would use a locksmith to force entry, and increase costs.

 

You have absolutely no legal standing to attempt this action before clarifying whether the Debtor actually did live at that address, and since Mr xxxx had NOT spoken to me, he did not possess that information.

 

I then appeared at Oldham magistrates court on 12/12/2011 and had the matter reopened and adjourned to 16/01/2012.

 

Despite enforcement action being suspended, and the courts making the enforcement office aware of action being ceased, Mr xxxx attended my property again several days later, and sent me a text message saying he was going to remove goods. I then spoke in person to Mr Xxxx outside my property and informed him any attempt to enter my property would be met with reasonable force to remove him as he did not possess a valid warrant.

 

Mr xxxx attempted to tell me he would force entry if he had to until I showed him paperwork from the court that proved what I had said, and Mr xxxx then confirmed it himself on the phone to the court.

 

I further note Mr xxxxs language (ie, For F*cks sake, why wasn't I told that before I left) and then agressively winding up his window and driving off was distinctly unprofessional.

 

I have today spoken to a Judge at Oldham magistrates court, (I wish to clarify, a JUDGE, NOT a magistrate) who has made it clear that these actions have left both yourselves and the Ministry completely open and defenceless against a civil action as you made no attempt to clarify the warrant before attending my address and making threats against a family with a new born baby in the house.

 

The Judge has actively encouraged me to seek legal redress in this matter.

 

I therefore now intend to pursue action against yourselves for allowing a Bailiff to attend WITHOUT a valid warrant and Mr xxxx for his incompetent and arrogant behaviour.

 

I therefore require the following information.

 

1) Mr xxxx's Certificated Bailiff information.

 

2) Marstons Bailiff certification information.

 

3) The information of the Marstons officials who sent Mr xxxx to attend my property without a valid warrant.

 

4) A copy of all warrant paperwork regarding my case.

 

You have 14 days from the date of this email to respond with this information.

 

I should also make you aware that the Judge in this case has made arrangements to have this case retained on his docket and will be following the action I am taking against you.

 

I firmly encourage you to disclose the information I have requested as a matter of urgency.

 

For your information this request is made under the terms of the Freedom of information act (2000) and the Data Protection Act (1998).

 

Regards,

Edited January 17, 2012 by seanamarts
Taken out bailiff name

[brassnecked]

It may be better to take the bailiff name off the post, call him Mr XXX tbut otherwise it fits the bill but others will know more

[boredangel]

WoW,

Do you mind awfully if i use some of your information in regard to my own recent dealing with Marsdens ?

[hallowitch]

WoW,

Do you mind awfully if i use some of your information in regard to my own recent dealing with Marsdens ?

 

all information on the forum can be used by anyone if it helps them

[hhh_88873]

Yeah go ahead. Id be curious which bit you think would help, even I dont know whether its going to work or not lol

[Leakie]

Hi HHH

 

Good for you standing up for yourself. and taking this further.

 

Leakie

 

PS in post 6 still possibly has the Bailiffs name about 1/2 way down.