Need help please - I'm confused!

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Birdyswife
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#1 Need help please - I'm confused!

Post by Birdyswife » 26 Aug 2015 17:34

Hi... I hope someone can point me in the right direction. Bare with me - it's a bit long!

My husband has received a letter (by hand) from an enforcement agent on Marstons headed paper. The amount on the letter is a round £300 (which flagged up to me immediately). I called the agent on my husbands behalf but the telephone number didn't exist.
I then called Marstons. Neither of the 2 reference numbers on the letter made any sense to them but eventually (even though they could not find my husbands details) they gave me an alternative number to ring saying the agents number had changed.
I called this number. The chap was very 'stand offish' with me and after another call to Marstons, they told me that the agent 'no longer works for the company' (more alarm bells).
On Monday of this week a gentleman claiming to be from Marstons appeared at our door with no paperwork to state that he wants to take my husband to court. My husband was not well so the agent said he (my husband) should attend the local magistrates court today at 10am.
Yesterday, I called the magistrates office to confirm this. They had no record of my husband having to attend. The lady was very helpful and looked further into this...
At 3pm today I had a call from another independent enforcement agent stating that my husband should not have received an arrest warrant but should have had a bailiffs warrant and that I should call Marstons again. Also that my husband was/is definitely not due in court today.
I got home from work today to my husband informed me that the same gentleman knocked on our door today asking why my husband had not attended court and that he should go with him 'now' to court or he will phone the police. My husband said 'go ahead' and he left saying if my husband does not attend his next court hearing on Friday he will be back.
I called the magistrates court again... My husband is not due in court on Friday...
I called Marstons - they said they could not help me until the agent turns up again!!
What do we do now? Any advice would be appreciated...

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Pote Snitkin
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#2 Re: Need help please - I'm confused!

Post by Pote Snitkin » 26 Aug 2015 18:03

Report this to the police.

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Andy
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#3 Re: Need help please - I'm confused!

Post by Andy » 26 Aug 2015 18:05

It sounds to me me like an ex bailiff is trying to get your husband to part with his cash. If the courts and the bailiff company themselves have said you are not their systems then you need to call the police and report an attempted theft. Inform the police that you have spoken at great length to the magistrates court who confirmed you are not on their records as owing anything, and marstons have confirmed that the gentleman is an ex employee. You are the victim of a disgruntled ex employee and want him arrested immediately for fraudulently impersonating a court officer.
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Birdyswife
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#4 Re: Need help please - I'm confused!

Post by Birdyswife » 26 Aug 2015 18:10

That is what I would normally do but, who am I reporting here?

The agent left no paperwork so I have no idea who he is until he turns up again... Both my husband and I are due to be at work on Friday leaving my 15 year old son at home. I am now not able to go to work because I will not anyone using any form of threatening behaviour towards my kids and I have a feeling this guy will...

And thanks Andy but they chap has not actually asked for money - just trying to get my husband to go to court! Bizarre eh?!

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Andy
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#5 Re: Need help please - I'm confused!

Post by Andy » 26 Aug 2015 18:21

after another call to Marstons, they told me that the agent 'no longer works for the company'
How would marstons know who the guy was if you have no information about him?
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Birdyswife
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#6 Re: Need help please - I'm confused!

Post by Birdyswife » 26 Aug 2015 18:25

On the original letter he stated his name was Johnathan - when he answered his phone, he said it was John... In my view, by his attitude towards me, it was not his decision to leave to leave the company!

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Andy
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#7 Re: Need help please - I'm confused!

Post by Andy » 26 Aug 2015 19:13

Tell him you want his full name, certificate and authority.

Paragraph 26(1) of Schedule 12 of the Tribunals, Courts and Enforcement's Act 2007 says the enforcement agent must show on demand evidence of his identity (his bailiffs certificate) and his authority to enter the premises (the warrant of control). Further regulations require the bailiff to produce the warrant of control if you demand it, and to show evidence of his authority to execute it, Rule 52.8(2)(c) of the Criminal Procedure Rules 2014. Do not be palmed off with a forged warrant. Here's How to tell .

Make the bailiff produce everything. If he fails to comply then you can make a formal complaint against him for failure to comply with the above regulations. While you are at it, use Regulation 7(e) of the Taking Control of Goods Regulationds 2013 and make him explain the debt and his fees then have him truthfully confirm they are complaint with regulations. Here is a template . It can be given by post, by email and handed to the bailiff in person.
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Andy
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#8 Re: Need help please - I'm confused!

Post by Andy » 26 Aug 2015 19:17

I doubt in light of the information provided he will have any of this, so report this 'johnathan' to the police and let them take it from there.

You could well be a victim of Hit & Run fraud
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Birdyswife
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#9 Re: Need help please - I'm confused!

Post by Birdyswife » 26 Aug 2015 19:31

Thanks so much for your help Andy. I shall do both as suggested... :)

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Andy
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#10 Re: Need help please - I'm confused!

Post by Andy » 27 Aug 2015 01:11

Bottom line - the court doesn't have you on their records and the bailiff company confirmed he is no longer employed as a bailiff.

Alarm bells should be ringing.
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Hithard
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#11 Re: Need help please - I'm confused!

Post by Hithard » 27 Aug 2015 11:44

Birdyswife wrote:On the original letter he stated his name was Johnathan - when he answered his phone, he said it was John... In my view, by his attitude towards me, it was not his decision to leave to leave the company!
Blimey! For Marstons to sack somebody he must have done something seriously wrong such as set fire to a kitten whilst running over a crowd of pensioners in a steam roller in front of a load of journalist. Anything short of that and they'd tell you it was somebody else's fault and charge you for the privilege.
Descendite ne illegitimi

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Pote Snitkin
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#12 Re: Need help please - I'm confused!

Post by Pote Snitkin » 27 Aug 2015 12:31

Hithard wrote: Blimey! For Marstons to sack somebody he must have done something seriously wrong such as set fire to a kitten whilst running over a crowd of pensioners in a steam roller in front of a load of journalist.
I believe that's actually part of their training programme.....

Birdyswife
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#13 Re: Need help please - I'm confused!

Post by Birdyswife » 27 Aug 2015 15:53

Hithard wrote:Blimey! For Marstons to sack somebody he must have done something seriously wrong such as set fire to a kitten whilst running over a crowd of pensioners in a steam roller in front of a load of journalist. Anything short of that and they'd tell you it was somebody else's fault and charge you for the privilege.
:lol: :lol: :lol: :lol: :lol:

KittyCathy
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#14 Re: Need help please - I'm confused!

Post by KittyCathy » 06 Sep 2015 18:58

Thank you for all your suggestions. I have a similar problem.

Coryl
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#15 Re: Need help please - I'm confused!

Post by Coryl » 02 Nov 2015 14:33

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