Collectica / Marston Group

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dlucky1
Posts: 2
Joined: 26 Nov 2017 20:39

#1 Collectica / Marston Group

Post by dlucky1 » 26 Nov 2017 20:59

I own and manage a few properties.
On 11th May 2017, two bailiffs from Collectica attended one of my properties looking for one of my ex-tenants. The tenants at the told them that the person no longer lives there and that they have never heard of her.
The bailiffs started threatening those young tenants who were so distressed they called my partner to speak with them. The bailiffs continued with their rude and aggressive behaviour and made all sorts of threats from smashing the door down to removing all the tenants belongings next time they go round, including the beds .....
We called the police who frankly were not interested and tried to defend the bailiffs' words by saying "Oh don't worry. That's only a matter of speech. They meant they have the right to enter the property with a Court order ...." !! CAD number was obtained.
When I spoke to one of the bailiffs, he denied making any threats stating that everything was recorded on their BWV. He did however state that unless I would give them the new address of the ex-tenant they will go there again and again. A threat by any other word.
I immediately wrote to Collectica / Marston Group and submitted a Complaint and made a SAR to view what actually took place at my property.
SEVEN months on and now I am being told that the videos on the BWV have been deleted.
ICO once again proved themselves to be useless.
I need a good firm of solicitors to take the bastards to Court. These lot should not be allowed to go around terrorising people.

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Schedule 12
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Joined: 30 Jul 2012 21:23
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#2 Re: Collectica / Marston Group

Post by Schedule 12 » 26 Nov 2017 22:17

I refer bailiff related claims to solicitors and I am asked to screen the claim grounds and prepare the statements before proposing them.

You are dealing with deleted video evidence that would prove the grounds of a claim. The claim witness statement and skeleton argument are arranged so the bailiff must produce the video in order to defend the claim otherwise their defence is struck out under CPR 3.4(2)(a) because it is unsupported after admitting using BWV cameras. The solicitor will usually apply to the court to make an order requiring the defendant bailiff company make standard disclosure knowing the bailiff company will fail to deliver up the video evidence.

The court can decide the defence lacks credibility when video footage is deleted.

I am not sure what action you can bring because you haven't said any cause of action - apart from a breach of Section 7 of the Data Protection Act because they failed to produce the video and that attracts a liability for a claim under section 13 of the Act.

Youn can bring the action in the small claims track, but the bailiff company might defend the action by saying you are not a client and therefore, not a data subject. The tenant might have to bring the action because the bailiff attended his property (his property under a tenancy agreement).

If a bailiff says he will keep attending when he knows the debtor know he does not live there, then the tenant can apply for a restraining order because the bailiff is harassing a person (the tenant) without lawful authority. That action is brought under section 3 of the Protection from Harassment Act 1997.

Both these actions need someone with legal experience to prepare the claim, but I am doubtful you have locus standi to bring either of these actions.

If you approach a solicitor yourself, they will probably ask for a sum of money, probably more than a grand, to be lodged (to be "put in funds") to peruse the claim before telling you that you don't have a "proper cause of action".
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

dlucky1
Posts: 2
Joined: 26 Nov 2017 20:39

#3 Re: Collectica / Marston Group

Post by dlucky1 » 28 Nov 2017 08:29

Many thanks for your detailed response Schedule 12.

I don't mind of being accused paranoid or conspiracy theorist but the videos were deliberately deleted. Why on earth one representative first apologise for the conduct of their agents and a month or so another agent whilst denying the existence of the videos offered me £250 as a gesture of goodwill.

And now they are refusing to deal with me as they stated that the debt was not in my name and I wasn't present when the agents attended so they don't have to correspond with me!

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