Marstons

[Tilly1976]

Who do I complain to if I find out that 1 of the enforcement officers was not certified at the time he called at my address but is now,

[josephbloggs]

Re: Marstons

hi tilly, please be aware that the government bailiff register is woefully out of date, and not updated as it should be.

I dont wish to sound negative towards you because you may be correct, but i doubt very much a bailiff company would allow a bailiff to work for them with no certificate or an out of date certificate.

if you still believe that the bailiff acted without a certificate, check with the company directly, or call the court he is now registered to on the gov website.

also pre april 14, bailiffs collecting HMCTS court fines didnt have to have a certificate, so it depends when you were visited and what type of debt it was for.

[Tilly1976]

Re: Marstons

Thank you for that information, I was visited on the 18/6/14 and his certificate was granted on the 7/7/14

[Tilly1976]

Re: Marstons

And also they are threatening to come an collect my things even though I haven't signed to anything, they haven't even been in my house, I'm so confused there's so many people saying different things,

[josephbloggs]

Re: Marstons

they have to renew every 2 years, so because it may say it was granted on a specific date, doesnt mean he or she wasnt certificated before.

what is the debt for?
if it is council tax they dont have right of entry by force. (unless they have previously been in before)
if it is for a court fine - they do have the right to force entry but it is very rarely used.

[Tilly1976]

Re: Marstons

Is it possible for me to pay the original fine to the courts which is £190,

[josephbloggs]

Re: Marstons

ahh so its a court fine then. if you pay the courts, they automatically give the money to marstons, so there is no way of escaping the fees. ( which i dare say are 75 letter and 235 visit so far? )

[Tilly1976]

Re: Marstons

Ok it's just that I've been reading on the government website, and it states that if I pay the initial fine to the court that the bailiff cannot demand the cost back they can ask but can't take any legal action

[bizzybob]

Re: Marstons

Ok it's just that I've been reading on the government website, and it states that if I pay the initial fine to the court that the bailiff cannot demand the cost back they can ask but can't take any legal action

post the link please,

[josephbloggs]

Re: Marstons

Ok it's just that I've been reading on the government website, and it states that if I pay the initial fine to the court that the bailiff cannot demand the cost back they can ask but can't take any legal action

Thats wrong that is. The £75 compliance is paid first and the rest is split pro rata so until the last penny is paid there will always be a balance outstanding to the courts

[bizzybob]

Re: Marstons

Thats wrong that is. The £75 compliance is paid first and the rest is split pro rata so until the last penny is paid there will always be a balance outstanding to the courts

Afraid so, and if they visit £235 becomes due whether they gain control of goods or not. Mind you they still can't seize and take control of the doormat or trifle such as a rusty old pushbike worth 50 pence for a debt of £300

[Guest]

Re: Marstons

Interesting observation BB. Of course, this doesn't stop them taking control of vehicles worth many, many more times that of a £300 debt. The truth of the matter is that a bailiff no longer gains extra commission for seizing goods.

As an avid reader of other boards, I'm sure it won't have escaped your attention that a debtor has recently paid off a fine & that HMCTs have written to confirm that, that is the end of the matter. I've still yet to read of anyone paying the bailiff fees once the creditor has been paid directly.

A lot of people on the internet talk a good game about "proceeds" & the like but in reality, it just isn't happening.

[bizzybob]

Re: Marstons

Who do I complain to if I find out that 1 of the enforcement officers was not certified at the time he called at my address but is now,

The local mental health team as obviously he should have been in a secure mental health unit if he was certified.

Now if he wasn't Certificated..

Sorry couldn't resist,

[bizzybob]

Re: Marstons

"Interesting observation BB. Of course, this doesn't stop them taking control of vehicles worth many, many more times that of a £300 debt. The truth of the matter is that a bailiff no longer gains extra commission for seizing goods."
Also they will still try to take any motor even a third party one near the debtors property if they think they can get away with it.

[Milo]

Re: Marstons

Interesting observation BB. Of course, this doesn't stop them taking control of vehicles worth many, many more times that of a £300 debt. The truth of the matter is that a bailiff no longer gains extra commission for seizing goods.

As an avid reader of other boards, I'm sure it won't have escaped your attention that a debtor has recently paid off a fine & that HMCTs have written to confirm that, that is the end of the matter. I've still yet to read of anyone paying the bailiff fees once the creditor has been paid directly.

A lot of people on the internet talk a good game about "proceeds" & the like but in reality, it just isn't happening.

ST.

If this is the letter that was displayed by a poster called "Silver smoke" on another forum then there are two points that need to be made. Firstly, the debtor posted a copy of just half the letter and it was therefore left to 'guesswork' as to what the full letter really says.

Most importantly, the letter does NOT say what you have quoted (that this is the end of the matter). Instead, the letter states that their office will not be taking further action. The 'office' of course being the relevant Magistrate Court.

The letter does NOT say that the enforcement company will not take further action.