Marstons and baliff total out of order

[Phil58]

Hi. Any professional info please.
I.wont say to much as I'm going to prosecute, long and short of it is marstons sent a letter to recover £811 to my address for my son who doesnt live with us. He does stay with me now as I have just lost my wife of 41 years of marriage and my sons mother, what he seen his mother and what I seen my wife go through with motor neurons disease was well I cant put into words. My son leading upto his mothers death sent him over the top suffering with mental problems and I myself suffer with depression anxiety and angina through losing my wife. I contacted marstons when this letter came through the post and they told me what it was for and my son he knew nothing about it and after a bit of research we discovered someone used my sons details on a insurance policy for a van. I told marstons that the family household was very vulnerable as of what we are going through and told them I'm suicidal.
Told them not paying a penny as this had nothing to do with my son.week later baliff came to my door and I politely invited him in, he seemed shocked at this he say in the corner of my living room coughing his gut up then proceeded to start with is threatening saying I'm looking at my details on my iPad now and you've got 6 points on your driving license and there is a warrant out for your arrest.all kept doing is demanding the money which is now £1100 I told him he is not getting a penny as it's nothing to do with my son. So when he knew he getting nowhere he started threatening to remove goods I told get a van and do it dont give a monkey as the I feel I could just end my life. He.then said he would have to report to police what I just said. I haveproved now that it was not my son and gmp have sorted it all out for me who originally issued the fine.
There is a lot more that the baliff did while he was here besides accusing my son of now being a banned driver and threatening to get a warrant officer out to take my son from north wales to Salford police station to get him locked up all over the weekend to go before a magistrates on monday morning. After about a hour my daughter told him to leave the property now as you have done what you have.to do to that he kicked of again. There is a lot and I mean a lot more that this lying bully did and said.
I have requested body cam footage but I can bet its probably not been working or something. What I am going to do is take action against marstons for allowing a baliff to come to a vulnerable house hold and also I am going to try my hardest to get this bully have his license removed

[zeke]

Hi. Any professional info please

This is a free to use forum. Professional advice is never given in public.

I.wont say to much as I'm going to prosecute,

The rules on prosecution changed several years ago.

An extra hurdle was added to the private prosecution procedure, in that any prosecution must be approved by the director of public prosecutions.

That leaves a civil claim, which can be for damages or to remedy a loss caused by a bailiff or an enforcement agency.

long and short of it is marstons sent a letter to recover £811 to my address for my son who doesnt live with us.

That means the bailiff cannot take control of goods there. Paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 (TCEA).

He does stay with me now as I have just lost my wife of 41 years of marriage and my sons mother, what he seen his mother and what I seen my wife go through with motor neurons disease was well I cant put into words.

Your son is recently bereaved. That means he is in a class of vulnerable people.

The classes of vulnerable debtors are set out in Paragraph 77 of the Taking Control of Goods: National Standards 2014 published by the Ministry of Justice, and under regulation 12 of the Taking Control of Goods (Fees) Regulations 2014, it states:

• Recovery of fees from vulnerable debtors
  
  12. Where the debtor is a vulnerable person, the fee or fees due for the enforcement stage (or, where regulation 6 applies, the first, or first and second, enforcement stages as appropriate) and any disbursements related to that stage (or stages) are not recoverable unless the enforcement agent has, before proceeding to remove goods which have been taken into control, given the debtor an adequate opportunity to get assistance and advice in relation to the exercise of the enforcement power.

If he gets assistance in relation to the exercise of the enforcement power, he can apply for a detailed assessment under CPR 84.16. This is a challenge to the taking or charging of the fees due for the enforcement stage because the bailiff did not give adequate opportunity to get assistance about the exercise of the enforcement power.

My son leading upto his mothers death sent him over the top suffering with mental problems and I myself suffer with depression anxiety and angina through losing my wife. I contacted marstons when this letter came through the post and they told me what it was for and my son he knew nothing about it and after a bit of research we discovered someone used my sons details on a insurance policy for a van.

Your son can do a section 14 statutory declaration. That will end the enforcement power and revoke the conviction. He can recover any money or goods taken.

Here is an article about section 14's:

https://www.nationalbailiffadvice.uk/Co ... ation.html

Here is a free template to start the process

https://www.nationalbailiffadvice.uk/Te ... -fine.html

I told marstons that the family household was very vulnerable as of what we are going through and told them I'm suicidal.

Marston is a commercial business out to make money. They will take no notice because profits come above all else.

Told them not paying a penny as this had nothing to do with my son.week later baliff came to my door and I politely invited him in,

BIG mistake!

he seemed shocked at this he say in the corner of my living room coughing his gut up then proceeded to start with is threatening saying I'm looking at my details on my iPad now and you've got 6 points on your driving license and there is a warrant out for your arrest.all kept doing is demanding the money which is now £1100 I told him he is not getting a penny as it's nothing to do with my son. So when he knew he getting nowhere he started threatening to remove goods I told get a van and do it dont give a monkey as the I feel I could just end my life. He.then said he would have to report to police what I just said.

Let him go to the police.

Lying about an arrest warrant won't go down well with the judge.

I haveproved now that it was not my son and gmp have sorted it all out for me who originally issued the fine.
There is a lot more that the baliff did while he was here besides accusing my son of now being a banned driver and threatening to get a warrant officer out to take my son from north wales to Salford police station to get him locked up all over the weekend to go before a magistrates on monday morning.

Bailiffs do not have a power to get a warrant officer. To be technical a warrant officer is a civilian employee of a magistrates court. They have no power to make arrests or detail and transport prisoners.

Only a police officer trained in restraint and holding prisoners can make arrests.

After about a hour my daughter told him to leave the property now as you have done what you have.to do to that he kicked of again. There is a lot and I mean a lot more that this lying bully did and said.
I have requested body cam footage but I can bet its probably not been working or something.

From experience, a bailiff wearing a bodycam must show the evidence in his defence, but if he is unable or unwilling to give the recordings, then his defence is almost always defeated.

What I am going to do is take action against marstons for allowing a baliff to come to a vulnerable house hold and also I am going to try my hardest to get this bully have his license removed

If you and your a son have a pre-existing medical condition which was worsened by the bailiff's action and you can show he was not acting in the lawful execution of duty (e.g. he attended an address, not on the warrant of control), or made a threat of an action which he was not authorised to do (e.g. make an arrest or have the police imprison you), you would be much better to make a personal injury claim.

The awards are often astronomical and the bailiff company will have to engage with its insurance company.

It needs an expert in the Personal Injury Protocol and you will need a medical diagnosis supporting your condition and that your health has been impacted by the bailiff's action.

The fact the bailiff has already committed himself to be unable to show bodycam recordings gives you a good head start. The bailiff has defeated his own defence.

Going forward. Find a personal injury solicitor, then ask them to contact me and I can take their instructions to give the legislation and regs the bailiff breached, and the solicitor can build the claim start negotiating with the solicitor appointed by the bailiff's insurance company.

[ethelnet]

Can the OP please name the bailiff?