MARSTON charged me £500 for levying the wrong item.

[oriental1]

A debt collection agent turned up at my office and levied a car on the car park which did not belong to us. (the debt is for a LTD company stock issue and not a debt for a car) I explaned that the car was not an asset but the agent was screaming like a demented banshi shouting that he has ordered a tow truck to collect the car. I continued to explain that the car was not mine. He disappeared , a tow truck never did arrive BUT I have now received a charge of £500 on top of the original debt for this idiots 10 mins of pleasure.

Question:

1) Can DCA just simply pick any object they lay there greedy eyes on and place a levy on it?

2) Can I sue the DCA for the return of the extortion fee??

 

Any guidence would be appreciated.

 

Thanks

[ims21]

Are you sure this was a DCA and not a bailiff?

 

I think we need the full story on this so that we can get you to the right area of the site.

 

Please also name the company.

[Desperate Daniella]

A DCA can't do this. They have no powers at all. Only bailiffs can do this and they have to have a court order.

 

Which DCA?

 

I'm a bit confused. What do you mean by "the return of the extortion fee"? Did you pay this, or have they just shouted about your owing it?

 

DD

[BRIGADIER2JCS]

Debt Collection Agencies are not bailiffs, they cannot levy on anything!

Have you been to court over this matter and have a CCJ against you or the company?

 

Only a Certificated Bailiff acting on a warrant from the court can levy on goods.

 

Who is this DCA please?

[citizenB]

You really need to give us the full story - it simply doesn't make sense.

[BRIGADIER2JCS]

Very odd!!!

[oriental1]

Debt Collection Agencies are not bailiffs, they cannot levy on anything!

Have you been to court over this matter and have a CCJ against you or the company?

 

Only a Certificated Bailiff acting on a warrant from the court can levy on goods.

 

Who is this DCA please?

 

 

Thanks for the reply... I have more info The DCA was MARSTON and the issue did go through the county court. Marston sent an enforcement officer. He was the most arrogant animal I have ever come across and simply would not listen when i explained that the car on the car park was not part of the company. I sent proof of ownership to Marston. The rewarded me with a £500 fee.

[oriental1]

Thanks for the reply... I have more info The DCA was MARSTON and the issue did go through the county court. Marston sent an enforcement officer. He was the most arrogant animal I have ever come across and simply would not listen when i explained that the car on the car park was not part of the company. I sent proof of ownership to Marston. The rewarded me with a £500 fee.

[BRIGADIER2JCS]

I see did you pay the £500.00?

As they were informed that they had no right to the vehicle imo you cannot owe them anything.

 

Did the 'enforcement' officer produce identity and details of the warrant on which he was acting?

[oriental1]

I also had MARSTON banging on my door and levied a car on our car park which dosent even belong to to my company.. Marston sent an enforcement officer. He was the most arrogant animal I have ever come across and simply would not listen when i explained that the car on the car park was not part of the company. I sent proof of ownership to Marston. The rewarded me with a £500 fee. They simply do not listen and treat people like animals. WHEN IS THE GOVERNMENT GOINT TO INTERVENE WITH THESE PRACTISES.

[brassnecked]

If it is for a Council Tax Liability Order I don't think the bailiff can charge diddly squat for "Waiting Time" as it is not laid down in the regulations.

[unclebulgaria67]

speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments.

 

From the bailiffs, I would ask to see a copy of the levy and details of previous visits they have made in regard to this council tax.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificated at.

e - the date of the Certification.

 

Try to avoid the bailiff coming into your home, as that will lead to more fees to be charged.

 

In regard to your car.

 

1) Is this used for business ?

2) Any issues of vulnerability that mean you need the use of a car ?

3) Any outstanding finance on the car ?

[oriental1]

Hi

 

Yes I did pay the £500 and he did "flash" some kind of i.d.

[Desperate Daniella]

Marstons are actually bailiffs, not DCAs.

 

Does the car in question have any connection with anyone working for the company?

[ploddertom]

Need some more info about this. If it has been to Court and a CCJ awarded then Marstons cannot attend as Bailiffs. The debt may have been transferred to the High Court in which case Marstons may have attended as High Court Enforcement Officers.

 

What paperwork have you been given?

[oriental1]

Hi.

Yes the car belongs to an employee.

[Desperate Daniella]

What a pity he couldn't be contacted to tell them he had nothing to do with it and he had nothing to do with the company apart from being an employee. Then they couldn't have attempted to put a levy on it.

 

As plodderton asks above, what paperwork did he provide?

[oriental1]

Hello

 

I too had a visit from Marstons who levied on a car in our car park that did not belong to our ltd company. They charged £500 to levy on a wrong asset. Is this legal?

[brassnecked]

Hello

 

I too had a visit from Marstons who levied on a car in our car park that did not belong to our ltd company. They charged £500 to levy on a wrong asset. Is this legal?

No the levy is quite invalid, and the levy and it's associated fees MUST be removed, if this is bailiff, for HCEO I think the car owner might need to provide proof of ownership to Marstons and may need to go to interpleader. if Marstons are stupid enough to tow the car. without checking and it was my car I would report it as a stolen vehicle and look at hitting Marstons for the mistake; what were Marstons enforcing?

 

It may be better to start a new thread with your issue.

[wonkeydonkey]

No the levy is quite invalid, and the levy and it's associated fees MUST be removed, if this is bailiff, for HCEO I think the car owner might need to provide proof of ownership to Marstons and may need to go to interpleader. if Marstons are stupid enough to tow the car. without checking and it was my car I would report it as a stolen vehicle and look at hitting Marstons for the mistake; what were Marstons enforcing?

 

It may be better to start a new thread with your issue.

 

Yes it would be a good idea to start a new thread....there are certain steps the poster needs to take and they fall within a tight time frame.

[ims21]

I have started a new thread for you here oriental1.

 

Please continue your discussions here.

 

Thanks.

[tomtubby]

Hello

 

I too had a visit from Marstons who levied on a car in our car park that did not belong to our ltd company. They charged £500 to levy on a wrong asset. Is this legal?

 

Oriental 1

 

It is almost impossible to provide an adequate response given that you have provided far too little information.

 

As a starting point, what debt does this relate to?

 

Was any evidence shown to the bailiff about ownership of the vehicle?

 

Have you made a formal complaint?

 

What was the response?

 

Have you paid?

 

etc, etc.