Have paid fine and Marston's still threatening

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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Poppydog
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Joined: 01 Sep 2017 10:15

#1 Have paid fine and Marston's still threatening

Post by Poppydog » 01 Sep 2017 18:35

Hi

I hope someone can help me. I received a visit last Sunday from Marston's giving me a final notice telling me I owed £680.00 and I had to pay immediately or they would come after 7pm/this weekend to remove goods. I have had no other correspondence from them or any other visits.

I have paid the original fine of £370.00 to HMTCS directly. I emailed Marstons customer care and text the bailiff giving formal notice under paragraph 59 of schedule 12 of the Tribunals Courts and Enforcement Act 2007 that he sum adjudged had been paid in full to HMTCS. The bailiff then text me back and I quote " Your still liable for the enforcement fees the warrant will stand but thank you for updating me"
I replied " Warrant ceases to have effect under regulation 6(3) of Scedule 12 of the Tribunals Courts and Enforcement Act 2007.

This morning I received a text " The warrant ceases to have effect when all fees including enforcement fees incurred have been paid I will specifically be at
Attending today to serve notice of intention to enter your premise using a locksmith"

I replied " A warrant oly confers an enforcement recover the sum adjudged. Paragraph 31 of taking control of goods. atioal standards 2014 state: Enforcement agents must not seek to enforce recovery of fees where enforcement power ceases to excercisable.

He replied " wrong we will see" "I will be over shortly just setting out"
I replied "OK I would say see your shortly but I'm at work*
He replied "No worries we have locksmiths
I replied" Is that a threat"
He replied" No lol" "as you like a bit of legislation here you go"

He then sent me a picture of Marston Holdings Notice of intention to enter and search your premise - removal notice

He then sent another text " I will leave this and execute it tonight or tomorrow at 6am"
"Just keeping you in the loop"
"Thank you for your help"

Needless to say I have come home from work and there is no notice. Is he just trying to intimidate me or can he still enter my house under the warrant.

Thanks in advance for any help

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Schedule 12
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#2 Re: Have paid fine and Marston's still threatening

Post by Schedule 12 » 01 Sep 2017 18:47

The bailiff is taking a big risk. Marston try it all the time. Its down to the bailiff how much risk he is willing to take. Some get away with it, others land a big bill and months of litigation over his head. Not worth £90 commission.

If the bailiff takes an enforcement step them you can claim damages for breach of the provision 6.3.a of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007)

Can you show a copy of the documents given by the bailiff. You may already have a cause of action to bring.

Marston has never successfully defended a claim for taking an enforcement step after the enforcement power ended.
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Author: dealingwithbailiffs.co.uk

Poppydog
Posts: 4
Joined: 01 Sep 2017 10:15

#3 Re: Have paid fine and Marston's still threatening

Post by Poppydog » 01 Sep 2017 19:08

Thanks for the reply.

I have attached the picture of the notice he text me today

Thanks
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Schedule 12
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#4 Re: Have paid fine and Marston's still threatening

Post by Schedule 12 » 01 Sep 2017 20:41

It's their standard ' threatogram'.
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Poppydog
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#5 Re: Have paid fine and Marston's still threatening

Post by Poppydog » 08 Sep 2017 18:13

Update - today I have received by hand a completed "Notice of intention to enter and search your premises - removal notice. He also sent me a text telling me he had done this and he would be back at 6am tomorrow to carry it out. What should I do if he turns up?

Poppydog
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Joined: 01 Sep 2017 10:15

#6 Re: Have paid fine and Marston's still threatening

Post by Poppydog » 08 Sep 2017 20:12

This is what I have decided to do if he turns up in the morning. I will open a top bedroom window and video it all. As a single female I am sure he is trying to intimidate me, I am only 5 Foot tall and as he has already met me that is why I think he is trying. I'm at the point of giving in I can't earn enough as I look after elderly parents I can't claim benefits as I don't work enough hours. I can't claim carers allowance as I earn more than £110.00 a week. My brother died last year and its only me doing everything now I'm not weak but I have never been as poor.

Sorry Rant over but it that has helped me to get it off my chest

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Schedule 12
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#7 Re: Have paid fine and Marston's still threatening

Post by Schedule 12 » 08 Sep 2017 21:55

You might be vulnerable, see if you fit into any of these: http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm

You don't have to open the door. I the bailiff causes a disturbance then call police on 999. but that door remains locked shut.

He won't be there 6 am tomorrow. Bailiffs never turn up when they say they will.

Worst case scenario is to concede to the demand, then reclaim in in the small claims court. That makes the case toxic for the bailiff and his firm. Here is more: http://www.dealingwithbailiffs.co.uk/Co ... edure.html

And this gives the legal position. http://www.dealingwithbailiffs.co.uk/Po ... emand.html
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