Marston's harassing vulnerable person

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Rattters
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Joined: 24 Oct 2017 16:32

Marston's harassing vulnerable person

Post by Rattters » 24 Oct 2017 16:46

Hi,

This is a bit of a story! My brother (who currently resides at Her Majesty's pleasure) has some sort of debt that has been handed to Marston's.
The address he has given at some point in time ? to the original creditor or ? Marston's have somehow tied it up with my brother, is my mother's old address in the UK.
The current resident is being harassed by Marston's and they return the letters to sender, but they keep coming. There is now a letter of enforcement and he is very scared.
The property is an Almshouse- which is a charity run residence for over 60's on low incomes- and has been for over 100 years!
My brother has never, and could never have lived there.
The manager has emailed to let me know about this and to ask if I can help. He has given Marston's proof that he lives there, but they are still harassing him.
I have emailed them- no reply.
I rang them today and they said the resident needs to prove again that he lives there as since May 2017 (when they got the proof) my brother could have moved in again!!!!! I re-iterated that this would be impossible- they only have to google the address to see for themselves!!!!!

As I don't know who the original debt was with (the manager says there is nothing detailing the creditor on the enforcement letter)- how do I go about putting a stop to this ridiculous situation?

Any advice greatly received

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Syd Snitkin
The Watcher
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Joined: 28 Apr 2014 09:43
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Re: Marston's harassing vulnerable person

Post by Syd Snitkin » 24 Oct 2017 17:28

Give them your brother's HMP address and tell them to jog on.

Complain direct to the creditor, the bailiff will just mess you about - what is the debt for?
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

Rattters
Posts: 3
Joined: 24 Oct 2017 16:32

Re: Marston's harassing vulnerable person

Post by Rattters » 24 Oct 2017 17:46

I gave them his prison number. Not sure who the debt is with- the manager at the Almshouses says there is nothing on the letter. Have spoken to his ex who thinks it may be HMRC?

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Schedule 12
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Re: Marston's harassing vulnerable person

Post by Schedule 12 » 24 Oct 2017 18:14

Rattters wrote:
24 Oct 2017 16:46
Hi,

This is a bit of a story! My brother (who currently resides at Her Majesty's pleasure) has some sort of debt that has been handed to Marston's.

It is probably a court fine.

The address he has given at some point in time ? to the original creditor or ? Marston's have somehow tied it up with my brother, is my mother's old address in the UK.
Your mums old address in the UK won't work for the bailiff. Your brother does not live there.


The current resident is being harassed by Marston's and they return the letters to sender, but they keep coming. There is now a letter of enforcement and he is very scared.
The current resident has nothing to worry about. If a bailiff is pestering them, they can call the police on 999 reporting a disturbance. The police will take the bailiff to the edge of the property when the occupant has shown police some ID. Do not show it to a bailiff, I sit on plenty of evidence bailiff companies do not follow Data Protection principles.

The property is an Almshouse- which is a charity run residence for over 60's on low incomes- and has been for over 100 years!
There are very few Almshouses left now. They used to be exclusively for vulnerable women, but local authority sheltered housing is the norm. Bailiffs cannot take control of goods at sheltered housing because it in breach of Regulation 10(1) of the Taking Control of Goods Regulations 2013.


My brother has never, and could never have lived there.
The manager has emailed to let me know about this and to ask if I can help. He has given Marston's proof that he lives there, but they are still harassing him.
The manager can make an incident report on 101 because a tenant is being harassed without lawful excuse. If the occupant gets trouble, then he can call 999.

I have emailed them- no reply.
Do not contact a bailiff company. They will mess you about.



I rang them today and they said the resident needs to prove again that he lives there as since May 2017
Do it through the police. An occupant is under no statutory duty to prove a negative.
(when they got the proof) my brother could have moved in again!!!!! I re-iterated that this would be impossible- they only have to google the address to see for themselves!!!!!

As I don't know who the original debt was with (the manager says there is nothing detailing the creditor on the enforcement letter)- how do I go about putting a stop to this ridiculous situation?

Legislation for protecting innocent people from unlawful bailiff action is very weak. The only remedy is under section 2 or 3 of the Protection from Harassment Act 1997.

Section 2 provides a criminal remedy, and section 3 provides a civil remedy.

Any advice greatly received
If anyone is pestered by bailiffs about someone else's debt, they can make a statutory declaration, and hand it to a bailiff on video through the letterbox or a window then ask the bailiff to quietly leave.

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Rattters
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Joined: 24 Oct 2017 16:32

Re: Marston's harassing vulnerable person

Post by Rattters » 24 Oct 2017 18:46

Schedule 12 - that is fantastic- thank you so so much :)

Ettie37
Posts: 2
Joined: 07 Feb 2018 23:26

Re: Marston's harassing vulnerable person

Post by Ettie37 » 09 Feb 2018 05:36

If a certified enforcement officer then definitely make a complaint using this form,http://www.dealingwithbailiffs.co.uk/Ba ... plaint.htm it states what a certified bailiff can and can't do, he/she has to attend court and can have their certificate removed, be fined and pay compensation. Teach them a lesson and cause inconvenience to them!

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