Rossendales, then Marstons

[Starscream]

II was convicted, and imprisoned for a driving offence in 2013. Upon sentencing I was told by the court no costs to be paid. To clarify with the judge, I queried if that included the Legal Aid fees, to which he agreed.

Since then, I have had at first Rossendales telling me I owe them, and then recently they sold the debt on to Marstons. Who have been relentlessly calling me on the phone calling me a liar etc...

Rossendales first contacted me in 2013 claiming a Warrant of Exectution, which they never acted on. And now Marstons have have given me two letters, neither of which have the same dates stating the warrants execution.

I'm at a loss now, and was wondering of any one had any advice

[zeke]

This looks like a Capital Contribution Order.

Rossendales never made any success of them. Marston took over Rossendale and it looks like they are having a go.

Here is more about a capital contribution order. http://www.dealingwithbailiffs.co.uk/ca ... -order.htm

[Starscream]

I've since had them send a letter stating they'll be attending my home to seize assets, despite refusing to show or issue me a warrant of execution. Or to even tell me when it was issued.

[Starscream]

Just had Marstons on the phone claiming that High Court writs of execution can be extended, or reissued, as and when they feel necessary.

I told them to speak to the solicitor who represented myself, and they refused.

[zeke]

Marston need to give a Notice of Enforcement.

When they telephone, they want to know your address so they can come and find you.

[Starscream]

They already have my address.

Their representative on the phone advised me to let their bailiffs enter the property to show where I was sleeping. I asked him if he thought I was stupid.

They then started to ask about my ex partners employment status and what she did for a living. I told him it was none of their business. He even suggested she paid, or I took out a loan.

That have also tried to trick me to admitting I owe money, which I have refused to acknowledge, as I know they'll use that against me.

[zeke]

You have not seen any evidence of a warrant, writ or a liability order. I'd hand it into the police and make a WRITTEN complaint under section 2 of the Protection from Harassment Act 1997.

If the bailiff action is legitimate, then a police investigation should uncover it.

[Starscream]

I received this through my front door this morning whilst not in attendance. Still no proof of a writ other than their saying so.

[zeke]

It doesn't need a writ. It looks like a capital contribution order made at a Crown court.

If you don't have the money or goods to pay, the bailiff is flogging a dead horse.

[Starscream]

I've told Marstons I have no possessions, and I've been called a liar at every turn. They won't even tell me when the writ was issued.

[zeke]

Do not contact Marstons. They will mess you about.

Protect yourself. Here is how: http://www.dealingwithbailiffs.co.uk/Ex ... liffs.html

[Starscream]

Had a letter from them over the weekend that contained a sentence that said, "do not sell any of your possessions as this will be an offence"

Seems they think my property is there's now by right. I'm not even going to waste my time with them now. I will not confirming my identity to them in future, nor will I admit to having a debt (which I haven't done at any point).

[zeke]

When a warrant is issued and the agent is instructed, the goods of the debtor become 'bound' under paragraph 4 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007

The bailiff has no way of knowing what goods are bound.

The template letter you describe is an early Marston one. I thought they finished with it. It has a factual error of law because it says it is a criminal offence for debtors to sell bound goods. When a prosecution against a debtor selling a car failed before the bailiff had an opportunity to take control of it, Marston stopped using the template.

[Starscream]

I received a phone call from them today, and they admitted to me that the legal aid agency had gone to court regarding me over 2 years ago. I never received any correspondence, or information from anyone during this time.

[zeke]

The law DOES require you to be MEANS ASSESSED before a Capital Contribution Order can be made under these regulations.

You are not normally liable if any of the following applies:

• On a prescribed benefit.
  
  Under 18
  
  Living on an income less than 12,745 (as of 21/11/2011) and subject to an assessment of your living expenses
  
  Your combined tangible assets including cash and equitable property you own is less than 30,000.
  
  Your proceedings were held in a Magistrates' Court.

I don't know what rules of court apply to lodge the appeal. I can ask a solicitor who can approach the Law Society.

You can ask your MP to intervene and the Parliamentary Ombudsman can compel the LSC to comply with the law.

Making an order against a defendant without determining their financial means is in breach of regulation 6 of the Criminal Defence Service (Contribution Orders) Regulations 2009.

http://www.legislation.gov.uk/ukdsi/200 ... gulation/6

[Starscream]

After comms going quiet from Marstons, I received a letter from a company called Shakespeare Martineau claiming I actually owe nearly £1500 less than Marstons have been stating, and to provide evidence of the judge saying that no costs were to be paid. Which I've previously stated to Marstons that my defender has, but will not send me the paperwork saying so.

[zeke]

It looks like Marston has walked away because its a dead horse.

What is Shakespeare Martineau asking you to do?

[Starscream]

They've asked me to provide evidence proving I don't owe any costs. Which is a bit tricky since I've been hounding the solicitors who "defended" me, (I use the term loosely), for nigh on three years to send me the case details and minutes so I can appeal the conviction, and they've never forwarded them to me.

[zeke]

It's not for you to prove a negative.

If someone brings a claim, they have the burden of proof.

[Syd Snitkin]

They've asked me to provide evidence proving I don't owe any costs. Which is a bit tricky since I've been hounding the solicitors who "defended" me, (I use the term loosely), for nigh on three years to send me the case details and minutes so I can appeal the conviction, and they've never forwarded them to me.

That route is a formal complaint to the practice manager giving them 8 weeks to send the paperwork; if they don't, tell them you'll be contacting the Legal Ombudsman - http://www.legalombudsman.org.uk/

[Starscream]

Just had a nasty dwarf of a man at my door from Marstons demanding he be let into the property to prove I have no assets. Then told me he'd keep coming back til they get something.

I closed the door on him.

[Starscream]

I've just been out and spoken to him, he claims the warrant can be bot extended, and renewed as and when necessary, and admitted I haven't been means tested.

[zeke]

It's a capital contribution order. The bailiff knows it's a hopeless case.

[Starscream]

Just had an indignant bloke from Marstons call me, and once again call me a liar, and denying Shakespeare Martineau had sent me a letter themselves. And also admitting that I hadn't been means tested.

I've told them they either speak to me in a civil manner, or I'll call the police.

[zeke]

Stroppy temper usually means something to hide.

[Starscream]

I would hazard a guess that they've resorted to bullying and harassment to get their way.

[Starscream]

Jut had Marstons ring me again. The woman on the phone wasted no time in calling me a liar when I stated I wasn't informed of any High Court action. Than flat refused to tell me if I'd been means tested. She was than very aggressive, and wouldn't allow me to speak, instead she spoke over me every time I tried to. I've told them to take a long walk off of a short pier.

[zeke]

If you have an Android phone, download ACR Pro £2.49.

If you call Marston back, then you can capture the call and put the hissyfit on Youtube. It's exempt from the Data Protection Act because Marston is a company so you don't have to tell them you are recording for staff training or quality control purposes.

[Starscream]

Just had one of the or representatives (yet another different one) at my door. I once again explained to him what the judge said, that I don't recognise the debt, and I have no possessions or money. His reply was, "it doesn't matter what the judge says, Legal Aid supercede him)

[zeke]

It looks like Marston is going back to auctioning off dead enforcement cases to bailiffs who want to have a go.

[Starscream]

This guy was wearing a Marstons shirt. I'm yet to see any evidence of any High Court writ as well.

[zeke]

There is not writ with a capital contribution order. It's Marston bailiffs taking it in turns to have a go.

Marston is pressuring its bailiffs because it's been shelling out a lot of damages for failed enforcement cases.

[Starscream]

I received this letter this morning, I'm actually fed up of telling them I have no money, property, or other equities.

I'm still yet to see any evidence they claim to have as well.

[zeke]

They have given up hope. It's a last resort letter.

[Starscream]

I thought that. If they were going to send bailiffs, or take out garnishee order, why would they tell me?