Marston Removal Notice

[split01]

Hi

 

I'm just looking for some advice, I had a guy from Marston turn up this morning, guessed it might be debt collector as going through a bad time at the moment (unemployed) so did not answer. However he pushed a 'Removal Notice' through the door, on which stated that despite previous visits and notices the matter had not been settled.

1, I have had no early visits or note saying they had been to the house.

2, I am sure I have had no correspondents from them ( may have binned one ?)

3, I thought a warrant had to be issued.

 

There is a Parking Fine to Andover Council from last year, however I do not own the car (my son) but is in my name. I've just a old letter from them.(son should have paid).

 

? can I pay the council £75 or Marston who want £339.04 and probably rising.

 

any advice welcome

[sickofdebtcollectors]

hi can i ask has this matter been to court is your home your property or your sons some one who has more experiance with this will be along soon

[split01]

Hi,

 

I'm trying to find out if this has been to court at the moment, fortunately the house is rented.

All post would have come to home and addressed to me

[sickofdebtcollectors]

im not sure but this could be a DCA trying there look with you the site admin people will be able to give you better advice than i can.

the car is your sons you said if i was him i would hide the car round at a mates home untill you both sort it out just to be on the safe side and dont let any stranger in to your home

[Feebee_71]

If it's to do with a council parking fine then Marston's are probably working in their capacity of bailiff's and not debt collectors.

 

I'm going to flag your post to admin as it might be better off in the bailiff's forum rather than here.

 

Feebee_71

[split01]

I posted earlier regarding PCN and Marston removal notice.

 

I've contacted the council unfortunately the person I need to speak to is on leave at back Monday, guy I spoke to said I should have had more correspondence from Marstons .

 

After much chasing found out a warrant had been issued in Nov. 2012 from Northampton.

The Traffic enforcement were helpful and emailed me the following: a The TEC processes Witness Statements, Statutory Declarations and Out of Time Applications.

which I filled in and sent back,

I am sure they I was informed that they would contact the council automatically and the warrant would either be withdrawn or suspended.

Is this the case? and will it stop the marstons calling? (don't the idea of hiding everytime the doorbell rings

what should I do next, any advice appreciated.

[tomtubby]

As long as you returned the form to TEC before 4pm the application will be PROCESSED today and TEC will advise the LA to cease action until such time as your request to file the witness statement late has been considered. This should be around 6 weeks,

[split01]

Yes I filed the application yesterday before 16:00.

So hopefully I can deal with the LA or direct with Northampton ?

 

I forgot to mention I had a second Removal Notice through the door at 07:00 yesterday although on the notice it is timed at 07:40 no door bell or knocking is this standard practise?

[tomtubby]

If you filed the application yesterday then TEC would notify the local authority by the end of the day by email and the LA would then need to contact Marston Group ( this morning) and they in turn would need to update their computer systems.

 

The individual bailiff would only be made aware of the OTT when he updates his own records with Marston Group. He would probably know sometime today or at the very worst over the weekend.

[split01]

thanks for explaining,

 

the bailiff is based at Southampton court so hopefully should have got information.

 

As a general question, have court appointed bailiffs been moved into the private sector, I only ask as a number of years ago I dealings with a bailiff (warrant card similar to police) who was really helpful explaining various forms and appeals I could go through. Unlike these bandits.

[split01]

Hi

 

Should all notices from DCAs or Bailiffs, even if hand delivered be in envelopes? is there something about data protection? or even COP?

 

I ask because I had 'a removal notice' from Marston Group, a nice piece of gold banded A4 telling all I had a warrant issued against me and that I needed to pay £339.04 (second one £379.86).

 

just a thought.

[renegadeimp]

Yes. It must be sealed incase others may view it. However, some bailiffs try and use the excuse, that it is your house, so they dont need to.

[split01]

thanks

 

One of many tactics to shame/bully us into giving into them.

 

I thought about informing the court, as his certificate is due for renewal. I doubt very much if anything would be said.

[renegadeimp]

If the letter isnt closed and is read by someone other than the intended recipient, then the bailiff/DCA/whoever are in breach of the Data Protection Act. However, as i said before, they will try and state that it is your house, so they feel they have complied, as only you or your spouse would live there and already know about it.

 

The problem comes when they do this on a mass basis and people in shared accomodation/flats fall victim to this and do not realise who they can complain to.

[split01]

Agreed but the original warrant was made out to me, not my partner and she would not be liable for any costs incurred.

 

I feel like I should do something, and if others with shared experience in this particular bailiffs area also complained then the message might get across that these companies should play my the rules. I know it is not as intimidating as some of their tactics but it is still bullying, and causes distress to others.

 

I only mention this as said bailiff certificate is up for renewal.

Edited June 28, 2013 by split01
missed explaination

[lookinforinfo]

Bailiffs can say all they wish about when they don't need to enclose their letters in a sealed envelope. But that is to fly in the face of the Data Protection Act and even the bailiffs own guidelines-

 

http://www.civea.co.uk/editorimages/CIVEA%20Code%20of%20Conduct%20and%20Good%20Practice%20Guide%20%2810.10.12%29.pdf

 

Enforcement agents should, so far as it is practical, avoid disclosing the purpose of

their visit to anyone other than the debtor. Where the debtor is not seen, the relevant

documents must be left at the address in a sealed envelope addressed to the debtor.

 

 

How can bailiffs tell that the person they want is the owner or a tenant of the property.

If a tenant, an unsealed letter could be read by the landlord.If he owner,it could be read by other members of the family or visiting friends and relatives.

 

I took bailiffs to Court a few years ago and while a breach of the Data protection Act was not the reason for my action, the Judge agreed with me that by failing to put the letter in an envelope that was

a breach of the DPA. It was beyond me why they even bothered to dispute it but they do seem quite a pressing the self destruct button at times.

 

Are you intending to write to the Court or attend? You may need to take the letter to Court as proof it wasn't sealed.

[split01]

the Removal Notice had my name on it, the charge certificate and I presume also the warrant from Northampton had my name on them.

 

As I said in a earlier post it is obviously a method of bullying and intimidation.

 

I thought that if enough wrote to the court from this bailiffs area then the court might be compelled to act, especially as this bailiffs certificate is up renewal.

Although I am not sure how to go about letting people know (forum rules etc, we should at least try and be the guys in the white hats) although the Bailiff register and my thread might lend a clue.

[brassnecked]

Report them to the Data Protection Commissioner anyway, and also log a complaint with Trading Standards for completeness. Their line is invalid, you may have had tradesmen in doing work, who may have picked up the unsealed note and read it, so the bailiffs are wrong in their assumption regarding unsealed notes.

[split01]

Hi

 

Looking for advice, on next steps I've just had a statutory declaration/witness statement refused.

The letter form TEC also said I should have heard from the issuing LA (pcn) which I have not yet.

 

I think I read on another thread that I could appeal to an adjudicator, which is free (currently unemployed)

 

The parking ticket was not mine, but the car belonged to me and the orginal letters from the LA got lost due to domestic issues. I'm trying to avoid Martons turning up at the door again (to hot to keep the windows closed)

[seanamarts]

All threads that you have started have been merged into this one. Please can you stick to this thread with you issue

 

Thanks

 

seanamarts

 

Site Team

[split01]

hi,

 

As earlier in thread I lost the appeal, and today at 06:30 Marstons have turned up at the door, unfortunately I answered them (through window).

 

I was slightly surprised as the letter from TEC said I should have heard from the issuing LA (nothing from LA unless Marton's visit counts).

 

I informed the guy I was unemployed which was ignored, he said he `would have a look round' my daughter's car was on the drive but that is registered in her name. ( I am getting it removed to a garage shortly)

 

What are my next steps, this is their third visit and the costs go up £40 each time, I am unemployed I cannot afford to pay, and I doubt any goods would cover costs although they have not levied anything.

[seanamarts]

Have you told the issuing council that you are unemployed? If not then get onto them asap and to Marstons.

 

Are you on any benefits?

[renegadeimp]

They cant charge you 40 for each visit . They can only aim a certain amount for 2 visits only unless they perform a levy. Even if they come 100 times they can only charge 2 visit fee's

[seanamarts]

They cant charge you 40 for each visit . They can only aim a certain amount for 2 visits only unless they perform a levy. Even if they come 100 times they can only charge 2 visit fee's

 

Isnt that just for council tax?

[split01]

hi,

 

This is the third visit 2 pre appeal plus this morning.

 

I had informed the LA and included on witness statement that I was unemployed, and on benefits.

As suggested I'll write to the LA, but would rather avoid any communications with Marston as reading through the forum it appears that Marston do not take the most sympatric stance.