JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

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silverarrows
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#1 JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by silverarrows » 20 Sep 2014 15:35

A top QC has ruled in my Form 4 complaint that the Marston bailiff was wrong to clamp my Wife's Mercedes.

The bailiff accepts that he was wrong to clamp the car and had to demonstrate to the Judge that he has now received proper tuition from his employer with respect of his lack of powers.

It seems Form 4 is still alive and kicking
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#2 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by jasonDWB » 20 Sep 2014 15:39

Ouch!

Another big bill for marston. Exchange Chambers must be laughing.

Time to do the civil claim for damages. That is addressed to [moj][/moj]. Marstons liability insurance pays later. That'll be another big bill.

Lets keep that in your members board.
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#3 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Andy » 20 Sep 2014 19:35

Never doubted it sir, they cannot escape the law, all that trouble we had earlier regarding this case with certain people; wasn't worth a toss.

Well done to you, now hit them where it hurts.
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#4 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by silverarrows » 20 Sep 2014 19:39

Thanks Andy,

Preparing the court cases / letters before action now.............

We will see how it pans out.
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#5 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by jasonDWB » 20 Sep 2014 19:45

If silverarrows had made his enquiry on the CAG forum, the bailiff would have got away with it scott free. Marston would have squirrelled the dispute away leaving silverarrorws thousands out of pocket.

This is an excellent example proving CAGs agenda does not work. By bringing justice through the courts should not only compel bailiff companies to comply with the law, but also demonstrates to the CAG shills their efforts to disrupt our members board is not working. Without this board, silverarrows may never have been able to bring his claim.
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#6 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Mark1960 » 20 Sep 2014 19:47

The tide is turning

How long will Marstons mouthpiece aka CAG continue to have any credibility?

I wonder if TT will start a new thread about this? I doubt it very much,

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#7 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Pote Snitkin » 20 Sep 2014 21:15

Mark1960 wrote: I wonder if TT will start a new thread about this? I doubt it very much,
Too busy obsessing about the advice given on here (that probably affects her commission):

http://www.consumeractiongroup.co.uk/fo ... ost4615324
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On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

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#8 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by jasonDWB » 20 Sep 2014 22:33

I just had a look and nearly all the CAG bailiffs threads are discussing whats being discussed on this board. They are mostly the signature rant threads.

I see there is critique about us having a members board, but recent cases make it obvious the reason for its existence is to keep the likes of Marston Newlyn etc looking at their claimants cases being brought against them. We developed the bolt cutter acquittal procedures on our members board which has cleared countless innocent victims after being falsely arrested for cutting off illegal wheel clamps. Many of these have successfully negotiated amicable settlements with the arresting police force which includes their negotiating solicitors costs.

I am at a loss why TT is so hell-bent on disrupting this board and complaining to anything and anyone about me. I see rainbow tears is a new shill. How many more will we see?

I am amazed Marston so blindly allow themselves to be associated with CAG especially TT after Pote discovered she gave Taunton Deane Magistrates a false address in connection with her car tax convictions. Marston would be sensible to settle these claims, such as Mrs. Silverarrows claim and pay her say £5k and walk away. They rather slog it out at court risking another CCJ and a big bill from Exchange Chambers. Marstons policy makes no sense. With the volume of claims in progress, they stand to lose money hand over fist.
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#9 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Mark1960 » 21 Sep 2014 11:10

TT & Dodgeball now continuing to embarrass themselves on their mis interpretation of "proceeds.

Perhaps someone would like to ask their thoughts on this scenario:

The compliance stage and enforcement stage have been carried out perfectly legitimately. The debtor has refused to answer the door and told the bailiff to stick his LO where the sun doesn't shine.

The debt gets returned to the council for consideration of committal to prison (& remember that it wasn't so long ago that TT & the gang were urging debtors to follow this course of action)

Does anybody, in their wildest dreams believe that the debt will have risen by £310 by the time of the magistrates court hearing? Is it that hard to understand that "proceeds" when referred to in these regs is described in 50 (2) of Schedule 12. It is money TAKEN IN THE EXERCISE OF POWER.

IT IS NOT "MONEY TAKEN" as TT wrongly believes (probably on the say so of Mike Garland or one of her friends from Marstons)

Regulation 13 of the fees regs DOES NOT state that creditors are legally obliged to part with money that they have collected themselves.

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#10 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Mark1960 » 21 Sep 2014 11:21

& also TT, for the avoidance of doubt, I am not registered on CAG. None of the posts on there are my handywork.

I am fully aware that the COMPLIANCE stage (not enforcement stage as UB states) starts at the point the bailiff receives instruction. You will also be aware, I am sure that legislation actually provides for fees to be applied going back even further than that point.

What YOU are failing to grasp is that if a debtor pays off a debt (minus fees) before receipt of a NOE then even you would struggle to argue that this payment was as a result of an exercise of power. If Parliament had intended for fees to be payable regardless of whether a bailiff collects or not then there would have been no need to go into detail about shortcommings of auction sales etc.

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#11 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by jasonDWB » 21 Sep 2014 15:18

I see tomtubby started another flame war. rainbowtears standing in for WD as the shill. TT was being anhilated until saved by the bell (ims21) and I see she not before dragging you into it.

It is beyond me what TT has to gain by all this warring.
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#12 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Mark1960 » 21 Sep 2014 18:24

The phrase "saved by the bell" springs to mind.

Reg 13 is specifically dealing with cases where goods sold at auction do not reach the total outstanding (including fees). The reg is in place to determine how the money is divided up in such cases. It is not in place to guarantee bailiffs money for work they haven't done. If an electrician is called out to fix a light but doesn't fix it, do you think TT would pay him?

How anyone can interpret this regulation to deem creditors are lawfully bound to hand any money collected over to an EA is beyond me and quite frankly the most ridiculous interpretation of legislation I've ever read.

Neckbeard explained that reg 13 only dealt with cases that had reached enforcement stage (at least) and Outlaw went one further, explaining how "proceeds of an act of enforcement" cannot possibly mean paying the creditor directly.

When CAG/Marstons realised the public were seeing a truer picture, they swiftly moved in & locked the thread.

Nobody is looking for "loopholes". The law should be a starting point and should be adhered to. Debtors have every right to work within the law. In many cases, if the creditor were to hand money paid directly over to the bailiff, it would be to the detriment of the tax payer and who is to say that the balance would ever be collected? The fees in place have allowed for a percentage of cases where the bailiff fails to get payment-These bailiff companies now want it both ways. Even if TT's skewed idea was correct, this would only encourage debtors to pay nothing and wait for the debt to be returned, thus creating a further avoidable delay in funds being collected.

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#13 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Pote Snitkin » 21 Sep 2014 18:28

It's pathetic, innit? Usual sCrAG tactics of throwing a strop and taking the ball home. Secret deals done via the PM system, whining and moaning, can't handle it when others, rightly, question what is being said.

The truth is that there is absolutely no legislation that says the council/creditor has to pass on the £75 compliance fee, none whatsoever, and no-one can prove otherwise.
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

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#14 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by jasonDWB » 21 Sep 2014 19:10

Its become one big propaganda machine for Marston, whose purpose of spreading disinformation.

It had been a while since i last read the CAG board and I'm completely blown away seeing the forum turned into tomtubbys soapbox.

If Amy had not established this board, it would leave nowhere for victims to turn to. Countless people would never have achieved proper and fair redress from illegal bailiff action.

Instead of trying to infiltrate CAG and making malicious complaints about me, Marston should try doing the job properly and lawfully. The alternative is carry on with the tomtubby flame wars and throwing money at Exchange Chambers.
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#15 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Andy » 21 Sep 2014 20:02

Exchange Chambers will be laughing all the way to the bank at this rate...
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#16 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by jasonDWB » 21 Sep 2014 20:15

Its why they like us. We make sure Marston keeps writing out cheques.
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#17 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Amy » 22 Sep 2014 12:49

I've just read that thread and I love the way I get castigated for moving threads away from their prying eyes, yet when the going gets tough and they are losing the battle, in jumps a moderator and closes the thread to save the day.

If cam (the OP) wanted their advice, presumably he would have asked for it on their forum. He did not

I'd also like to know what a "gootcha clause" is?

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#18 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by jasonDWB » 22 Sep 2014 12:59

Its something TT has made up.

What really surprises me is bankfodder is allowing TT to spout her theories on what she thinks the regulation should be in order to con an innocent victim who is already struggling with bailiffs, instead she should point them to legislation for what it says. Likewise, legalbeagles.

I see neckbeard asked TT three times the same question and she repeatedly dodged (dodgeball - an apt name) the question. I can now see where mr. Walkers Crisps on the FMOTL forum got his "side step Freddie" comment from. Look through TT previous flame wars, its the same M.O having a shill to dance the tango when she becomes unstuck. This makes Sidestep Freddie an appropriate name when she becomes embroiled in a flame war.
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#19 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Amy » 22 Sep 2014 13:39

On the CAG thread, she was banging on about nobody asking him for the dates. She must be blind because it's all there. Nobody asked him because he'd already given that information, all she had to do was read rather than create her own story.

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#20 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by jasonDWB » 22 Sep 2014 14:23

It wasn't neckbeard that had to ask the question three times, it was PersonOfInterest, and TT eventually responded with some guff about proceeds of sale under Paragraph 50(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 which is about co-ownership of goods. Reg 13 of the Taking Control of Goods (Fees) Regulations 2014 is about the proceeds of sale of goods. Its nothing to do with money paid to a creditor or a bailiff.

I guess this is what TT called a "gotcha" clause. Accuse me of being Mark1960 if you like, we both call it a spade.

I just cant believe these shill posters, Dodge/Rainbow etc are that stupid. Ive never seen such crap posted on the internet, let alone from someone professing to help people with bailiff troubles.

See for yourself. http://www.consumeractiongroup.co.uk/fo ... ost4615474
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#21 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Amy » 22 Sep 2014 14:33

LOL she wrote "gootcha clause" (twice).

I tried to follow her argument to a logical conclusion, but there wasn't one so I gave up.

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#22 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by jasonDWB » 22 Sep 2014 14:55

She was well and truly defeated on her theory that Reg 13 applies to cash paid to creditor or bailiff. I expect ims21 must have seen p.50 of the TCE Act and locked the thread to save her blushes.

I also see the posters who cited the law in its correct meaning are all fairly new to CAG. I expect TT will accuse me of recruiting shills, I have better things to do on a Sunday afternoon, but it did make an entertaining read nonetheless.

I was rather disturbed by TT dragging the good name of John Kruse into another of her flame wars.
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#23 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Mark1960 » 23 Sep 2014 00:28

I wonder how long it will be before Amy gets the request to remove this thread?

CAG/Marstons are quick to chastise her for (quite rightly) moving "live" cases into the members area. CAG/marstons do not, however advertise the amount of requests they make to Amy to remove threads/posts.

Talk about double standards

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#24 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by jasonDWB » 23 Sep 2014 08:34

I don't know why they have a problem with it. Its not like we can see TT's secretive PM's to unsuspecting members on the CAG board.
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#25 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Amy » 23 Sep 2014 12:09

Every forum has private areas, but for some reason the private areas on here, cause upset particularly to CAG.

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#26 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Andy » 23 Sep 2014 12:41

They are probably upset because if any new cases come forward like this then it's a simple case of 'stare decisis' we will be able to reference Mr Silverarrow's case to the unsuspecting debtor/defendant, no more room for negotiating...
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#27 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by jasonDWB » 23 Sep 2014 12:55

It is often on the advice of the solicitor who is advising on the case, a posters thread is taken out of circulation.

Not only that, the case bundles, statements and evidence are uploaded to the Case Management System and it would be irresponsible to make these public documents.

Whats CAG members are asking for simply cannot be done. The same goes for TT, she should not be giving CAG members personal details to the likes of Marston and giving them wrong advice costing them more money to fill her own pockets.
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#28 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by Mark1960 » 23 Sep 2014 18:48

Amy wrote:Every forum has private areas, but for some reason the private areas on here, cause upset particularly to CAG.
The main problem as I see it is that CAG only want to focus on cases that have been lost. There is a misconception that the private members board exists only to "hide" such cases from the general public. A quick glance through the section reveals many success stories and only one or two failures.

It is worth noting that post April 6th, the private section is far less active. This is certainly due to there being less disputes over fees. Bailiff companies generally appear to be operating within the law which can only be a good thing.

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#29 Re: JUDGE RULES MARSTON BAILIFF IS WRONG TO CLAMP WIFE'S CAR

Post by jasonDWB » 23 Sep 2014 18:55

Its perceptively less active because newer members with a private thread or a CMS cannot see other members threads. Except board admins, a member has to invite other members to see his thread. That includes me as I am not an admin.

There is some activity I'd like you to look at if you have the time.
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