marston bailiff clamp work vehicle.

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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jackymark
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Joined: 27 May 2017 08:19

#1 marston bailiff clamp work vehicle.

Post by jackymark » 27 May 2017 08:44

I had a marston bailiff come to my house, I paid him £240 in Northern Ireland bank notes, he threw them back at me saying they were not legal tender, I explained to him Northern Ireland is part of England and they had sterling written on them so they were legal.. He then clamped 2 financed vehicles one is a clearly marked works van, and told me he was leaving them on until I went to the bank and changed the notes. He came back everyday for 2 days at 6.30 am banging on my door shouting up at my bedroom window for my neighbours to hear saying I should pay my debts and he is not removing clamps until payment is made, we made a complaint to his head office, they told him to accept the bank notes as they are legal tender, he came back took the money and removed clamps, we invoiced his head office for loss of a days pay as there was no need to clamp the works van, and lost a days pay, they have e mailed back and said he could do this and we do not have a case. I am just wandering if we do have a case against him, it was not our fault that he did not recongise the bank notes as legal tender and I lost a days pay, I am self employed. Any advice would be grateful.

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Pote Snitkin
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#2 Re: marston bailiff clamp work vehicle.

Post by Pote Snitkin » 27 May 2017 11:17

The bailiff will just fob you off. Take your complaint direct to the creditor citing the Tribunals, Courts and Enforcement Act 2007, Shedule 12 (3)(1):
3(1) In this Schedule— ....

“money” means money in sterling or another currency;
It was legal tender - even if it was foreign currency it still counts as it can be exchanged. The creditor remains liable for the bailiff's actions. Set out what your losses are and send it to the creditor, they can reclaim it from the bailiff if they want.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Schedule 12
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#3 Re: marston bailiff clamp work vehicle.

Post by Schedule 12 » 27 May 2017 11:26

jackymark wrote:
27 May 2017 08:44
I had a marston bailiff come to my house, I paid him £240 in Northern Ireland bank notes, he threw them back at me saying they were not legal tender, I explained to him Northern Ireland is part of England and they had sterling written on them so they were legal.. He then clamped 2 financed vehicles
Another bailiff company is paying out lots of money in legal fees making failed defences for taking control of hire purchase vehicles. The defence was based on a flawed theory that hire purchase goods give a beneficial interest to the hirer.

Depending on the type of finance, they might not be allowed to take control of them because they belong to the lender.

one is a clearly marked works van, and told me he was leaving them on until I went to the bank and changed the notes. He came back everyday for 2 days at 6.30 am banging on my door shouting up at my bedroom window for my neighbours to hear saying I should pay my debts and he is not removing clamps until payment is made, we made a complaint to his head office, they told him to accept the bank notes as they are legal tender, he came back took the money and removed clamps, we invoiced his head office for loss of a days pay as there was no need to clamp the works van, and lost a days pay, they have e mailed back and said he could do this and we do not have a case. I am just wandering if we do have a case against him, it was not our fault that he did not recongise the bank notes as legal tender and I lost a days pay, I am self employed. Any advice would be grateful.

You can make a claim in the small claims track. If you are in Northern Ireland, you will need to get advice locally.

The bailiff breached the following legislation:
  • Paragraphs 6(3)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 (TCEA) because he took an enforcement step after the debt was paid

    Paragraph 10 of Schedule 12 of the TCEA because the goods taken into control do not belong to the debtor

    Paragraph 51 because the goods controlled cannot be sold because good title would not pass to anyone buying them to pay the debt.

You can bring an action against the council and bailiff company jointly and severally in an action brought under paragraph 66 of Schedule 12 of the TCEA.

Here is how its done: http://www.dealingwithbailiffs.co.uk/Co ... edure.html

I offer a low cost fixed fee service drafting the claim which includes the witness statement, the claim particulars and the legal arguments supporting your claim.

You can recover the number of days loss of use of each vehicle at £50 a day plus special damages for alternate transport arrangements while deprived the use of the goods, your court fees, consultancy fees (my fee) and prescribed expenses under the Civil Procedure Rules.

See what further grounds you can add to your claim by running this compliance checklist: http://beatthebailiffs.org/stop-parking ... ifffs.html
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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