Marston Group acting unlawfully

[FUNKYSI]

This situation happened today

at around 8am, a Baliff walked into my house and shouted Enforcement Officer, he was immediately asked to leave as there is vulnerable people in the house (2 disabled children) and my wife who has Mental Health Issues. He was notified of this immediately i had also sent an email the previous day as he had attended and left a letter through the door, advising of the above.

At no point was i shown any idea or writ, i was informed he wouldn't leave and was there to remove goods unless my wife paid £810. I advise the Bailiff again i didn't have the money and off the Vulnerable people in the house, his answer i don't care im here to collect the money and your welcome to ring the police.

I then went on and said i need to ring the court (as we was paying this off monthly with them and i knew nothing about it being transfered) he replied you have 30 minutes to contact whoever you need to or i will be removing goods. I asked him to leave again and sit outside in his car HE REFUSED.

I went to phone the court who was not open until 9:30 and advised him of this, his reply, Not my problem you now have 20 mins left before i remove goods and more fees will be added, Baffled i then went to raise the £810 and came back half way and said i could pay £500 today and the rest next week, again he said not good enough its full payment or i remove the goods, Luckily i found the money he was paid and he left.

After paying him i decided to ring the courts as i was sure we was in a payment arrangement with them this is where it gets complicated.

I explained the above to a gentleman (really nice guy) at the court he advised me of this.

1. The Baliff cannot just walk into your house

2. If you told them you have vulnerable people in the house they are meant to allow you time to contact us, as we would set aside the warrant and set a payment to pay up

According to him the baliff has acted unlawfully, but it gets better.

The guy from the court advised me i need to make a complaint and file a report with the police, as its unlawful, However he gave me details for Cedar - i told him the Baliff who arrived today was from marston, he then went away and said Marston do not have your account, CEDAR do and your account has been marked as paid by them.

I paid Marston, all the paperwork related to marston.

I have spoken to Marston group who said they have had the account since August, and can see i told them about the Vulnerable people, but have now told me i need to wait 72 hours for someone to come back to me and discuss if i can get my money back (The guy from the court told me to tell them i want the money back).


Is what the guy from the court telling me true or does he have some misinformation, as he has also advised me to to take legal action against the company itself as the company and the Baliff have acted Unlawfully and committed Criminal Offenses.

Any advice gratefully accepted

[zeke]

To advise. Please say.


How much is the judgment debt.

The judgment date.

The amount(s) paid and on what date and to whom it was paid.

Money demanded by the bailiff.

The money taken by the bailiff.

The date money demanded or taken


You cant take action against a bailiff company. The bailiff is personally liable. Same with a High Court enforcement officer. Their name will be on the writ.

We can get home addresses of bailiffs from financial records when needed. They cant hide behind pretend addresses or vurtual offices.

[FUNKYSI]

Hi thanks for your reply

Answer to your questions

How much is the judgment debt.
The Debt was £500

Judgement date
15th September 2019

Amount paid
£810 was paid on the 15th September to Marston Group (via the link baliff sent to my phone)

The £810 was what was demanded by the Bailiff

£810 was what i paid to the Bailiff (15th September)


The officer actually never put his name on any paperwork (i received NO paperwork yesterday on the day he visited)

His name though is


Martin Peter Fannan Gateshead County Court 01/06/2021 31/05/2023 Marston Group


Many thanks for your assistance

[zeke]

I now have a clearer picture of what is going on.

This is not a high court writ. The judgment is under £600 so it cannot be transferred up to the High Court for enforcement.

This is a county court judgment.

The money taken is the correct amount for a judgment of £500.

There is no 'officer' involved. The bailiff was an Enforcement Agent. Section 63 of the Tribunals Courts and Enforcement Act 2007.

You need to decide whether you want to apply to set the judgment aside. You need grounds, such as the address on the judgment is an old address and the bailiff took the money at your new address. If this applies then this article explains the process.

https://stopthebailiffs.uk/apply-to-sta ... gment.html

If the money was taken unlawfully, or without notice, you can consider making a chargeback. This article explains how chargeback works.

https://stopthebailiffs.uk/bailiff-char ... fraud.html

Otherwise, have a look through this checklist to see if any other remedies are available to you.

https://stopthebailiffs.uk/stop-high-co ... liffs.html


If there are no remedies available, then have a look through this checklist to see whether any enforcement regulations have been breached.

https://stopthebailiffs.uk/high-court-w ... check.html

And you can see if you can recover damages for the breach.

[FUNKYSI]

Hi

Thanks for your reply, the original debit was £800 we had been making payments to the court directly at £50 a month this apparently stopped in July (I have no idea why).

I had heard NOTHING from the court prior to having the Bailiff leave a note through the door, to which an email was sent at 3pm the day prior to him attending. In the email i had notified them that i had Vulnerable people in the house and the person on the writ has mental health issues, one of which is triggered via stress.

The Bailiff company replied at 9:15am on the morning the Bailiff recovered the money, the Bailiff was informed on the day he arrived and told us he didn't care.

I spoke to the court yesterday who advised me they had emailed Marstons to tell them to refund the money. However i then got a phone call back from the court advising me, EVERYTHING i had been advised by them for the last 3 days, had been done in error, and that Marstons did infact have access to recover the debt, and the debt was now paid in full.

Can i still get this set aside and recover the money, as there was no time for us to pay that i believe under EX354 set by the government we was allowed time to pay?

[zeke]

If you were paying the debt in instalments to a bailiff company then you are going to be paying an extra £2000+ in fees and charges.

You are much better off applying for a stay of enforcement and then applying to vary the judgment to be paid off at £50 a month.

That way you are only paying off the judgment, with no fees and charges.

The money already taken by the bailiff will have to be paid back because the fees and charges are no longer owed.

I wouldn't bother engaging with Marstons. They will mess you about. Just get the application done and the money refunded.

You can also consider making a chargeback.

https://stopthebailiffs.uk/bailiff-char ... fraud.html