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Baliff took my stuff after I showed reciept.

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  • Baliff took my stuff after I showed reciept.

    Aroundmidday On the 1st of July Mr Lawrence arrived at Hilston, my house,and explained he was looking for my partners son Patrick in relation to a fine.
    I informed Mr Lawrence that he hadn'tlived here for over 18 months he could have a look at his old roombut it was obvious in my opinion he no longer resides there.
    He did indeed inspect Patricks old roomand said he had some paperwork to fill out and leave with me.



    Mr L stated that this would have to besorted out and the conversation went back and forth centred aroundwould I or someone else pay the Bill.
    My partner Paula arrives home from her daughter house.



    The conversation repeats Mr L says thatas the court documents where at this address he could take any thingand it was up to us to prove they where ours after he took them.
    Paula becomes tearful and states she isringing the police
    Police arrived said it was a civilmatter and they could not intervene.



    Paula is becoming increasingly frantic.She rings her daughter desperate to get some contact detailsfor Patrick. She gets his mobile no and informs her Mum, she is onher way over.


    Conversation goes back and forth betweenpolice and bailiff.
    Daughter Nikki arrived and gives Patrick'saddress and place of work.
    Bailiff enters my office and makes alist, Ihave receipts and begin by showing the paper receipt (from 1991) for the first item, a BC Rich guitar.Mr L agrees and returns Guitar to stand. Then I said did he want togo item by item or finish his list and then I would show him all thereceipts together.



    Mr Lawrence said he would just takewhat he wanted and it would be up to the Judge to decide who ownedthe items, I protest and say I will not allowed him to remove mygoods, they're third party goods.
    Police inform me I would be arrestedfor hindering a court Bailiff in his line of duty.
    Mr L then began removing variousmusical related items including aforementioned Guitar, and placedthem in the back of his van.



    I stated that his office would havereceipts for all the items before he even drove them to storage andthat he would simply have to return the items. He said that was nothow it worked and I would have to show the receipts to a Judge but ifPatrick paid the debt by Friday I could have them back, otherwisethey would be sent to auction. I retorted with, "Why wouldPatrick pay the debt? your not taking his stuff?"
    Paula is becoming more and more upsetand Nikki is becoming increasingly concerned about her.
    She rings her sister Jade, and betweenthe two of them they agree to pay Patricks bill if the Bailiff agreesto remove the items from his van.
    Mr L agrees and takes two card paymentsone from Nikki for £222 and one from Jade over the phone for £200. He then removes the items from the van.



    Friday 03/07 sent a complaint alongwith a Subject access request to Marstons Group pertaining to allinformation they have on me and including the body cam recording.This was sent by email with a copy of the aforementioned Guitarreceipt. A copy was also sent by registered mail along with a PostalOrder for £10.



    They replied 7th of Jul Stated I coulduse their premises to view the tape in its entirety or I could have aredacted copy sent to me . I had 14days to respond.



    On 15th, I requested by email, the nameof the individual who had signed the letter sent by post so I couldreturn the correspondence to them.
    On 17th, Letter sent by registered postand email addressed to "the person who signature was illegible".To say I was currently taking legal consultation on the body cam,could they forward all other information.
    On the 5th of August sent another registered post letter and email enquiring as to why they had not responded. I also quoted the CIVEA code of conduct and a parliamentary document SN04103



    On the 15th of August They sent me a letter stating that since I had not responded to their first letter they had decided to forward what they call a redacted, (but I call heavily filtered/washed-out from start to end) copy of the camera footage but said I could not see any of the paper work because it was not in my name.
    I've seen the CAB they said I need a solicitor.


    Finally found a solicitor firm who would agree to advice me. They told me to check that they still had the monies on account since there was an on going investigation and ask them to return the money but that is all I can do.
    £200 this advice cost me.


    I've already done this but have no response on the matter. I've also requested the documents that give them the entitlement to take my equipment, no response.


    Where do I go from here, I feel no one is taking me seriously. I would love to have my day in court but I am concerned that I am on a lose footing, not knowing enough about the law.


    Thanks so much in advance for any genuine information that I can use and or a firm/solicitor that could help I would greatly appreciate it.



    Modem
    Tags: None

  • #2
    Re: Baliff took my stuff after I showed reciept.

    Make a complaint to the court Manager, and copy it to your MP, you provided evidence of ownership yet the Marstons thug still removed goods, he was telling you you would have to put in a third party claim which could have led to interpleader. Other Beagles will no doubt advise further, but that bailiff was out of order imho.

    Comment


    • #3
      Re: Baliff took my stuff after I showed reciept.

      The person that owns the goods should make a visit to your local police station and make a complaint to the police of theft/unlawful possession by the Marstons Bailiff of their possessions ........any complaint to the police must be investigated.
      That's what I'd do ....but some have said I talk rubbish....make your own mind up.
      Sparkie

      Comment


      • #4
        Re: Baliff took my stuff after I showed reciept.

        Originally posted by Sparkie1723 View Post
        I would make a visit to your local police station and make a complaint to the police of theft/unlawful possession by the Marstons Bailiff ........any complaint to the police must be investigated.
        That's what I'd do ....but some have said I talk rubbish....make your own mind up.
        Sparkie
        Worth a go, and if the police sy Civil point out the debtor is third party , non resident so theft perhaps.

        Comment


        • #5
          Re: Baliff took my stuff after I showed reciept.

          Originally posted by bizzybob View Post
          Worth a go, and if the police sy Civil point out the debtor is third party , non resident so theft perhaps.

          Hi bizzybob ...I edited the post while you were posting.....to say the person who actually owns the goods should report it to the police ....theft is not a civil offence its criminal.

          Sparkie

          Comment


          • #6
            Re: Baliff took my stuff after I showed reciept.

            Originally posted by Sparkie1723 View Post
            Hi bizzybob ...I edited the post while you were posting.....to say the person who actually owns the goods should report it to the police ....theft is not a civil offence its criminal.

            Sparkie
            It is criminal but the bailiff will claim that they had reason to believe goods belonged to the long departed debtor, and as HMCS is creditor, rely on the police turning a Nelson's and the magistrate backing him. The police will say that as it was a bailiff it is not a criminal act but Civil as in say Tort interference with goods. Usual guff, but it is still worth making a complaint and insisting on a crime number.

            Comment


            • #7
              Re: Baliff took my stuff after I showed reciept.

              Originally posted by bizzybob View Post
              It is criminal but the bailiff will claim that they had reason to believe goods belonged to the long departed debtor, and as HMCS is creditor, rely on the police turning a Nelson's and the magistrate backing him. The police will say that as it was a bailiff it is not a criminal act but Civil as in say Tort interference with goods. Usual guff, but it is still worth making a complaint and insisting on a crime number.
              Hi again bizzybob.I
              see where you are coming from ....but if a receipt was produced to show they belonged to someone else......the Bailiff could have no reason to "suspect" otherwise...........in a case such as this the bailiff should have issued a" walking possession" notice and not taken actual possession and remove the goods.......until a court had ordered otherwise at a later date.
              But that's my personal opinion

              Sparkie

              Comment


              • #8
                Re: Baliff took my stuff after I showed reciept.

                This is a very disturbing case for a variety of reasons.

                1) The Enforcement Agent should be satisfied that a debtor does not reside if he/she can see a Council Tax bill, and once Mr Lawrence was given the debtor's new address and place of work should investigate on that information.

                2) I am appalled at the behaviour of the intervening Police Officer/s, he/she/they should be aware that a Warrant of Control issued by HMCTS is not a civil matter but a criminal one.

                3) No household goods should be removed (even id the debtor resides) until the day of sale, unless there is overwhelming evidence that such goods would miraculously disappear if they were left on the premises, leaving the debtor to face a further criminal conviction for interfering with Controlled Goods (£1,000 fine or 6 months in prison or both)

                4) Marston should send you an un-edited copy of the vdeo footage taken in your house, and since you were the main protagonist and paid for your son's warrant they can not hide behind the fact that the warrant was not against you but another.

                I would write a letter of complaint to the Cort Manager, the Chief Constable fo the Police force involved and to Gareth Hughes, the CEO of Marston.

                I would also have my day in Court, no matter the cost, as Marston would have to pay for it eventually. If you have legal cover with your home insurance, that might cover it anyhow, speak to them.
                The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



                It's a dirty job, but someone got to do it!

                My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

                Comment


                • #9
                  Re: Baliff took my stuff after I showed reciept.

                  Originally posted by Sparkie1723 View Post
                  Hi again bizzybob.I
                  see where you are coming from ....but if a receipt was produced to show they belonged to someone else......the Bailiff could have no reason to "suspect" otherwise...........in a case such as this the bailiff should have issued a" walking possession" notice and not taken actual possession and remove the goods.......until a court had ordered otherwise at a later date.
                  But that's my personal opinion

                  Sparkie
                  Just a clarification, they would have had to enter a Controlled Goods Agreement, Walking Possession is dead and buried since April 2014, incidentally good points and advice from Sir Vere above.

                  Technically the parent and sister need not have paid anything, if the EA had indeed taken the goods a Third Party Claim would have been successful imho and the goods would have had to be returned, as there was prima facie evidence of non residence. What is worrying is that the EA more or less forced payment by a third party on threat of unlawful removal and sale of third party goods.

                  As to the police threatening arrest for obstructing the EA, once non residence confirmed and new address provided EA has no further business, so if the arrest was after that point, Wrongful Arrest and Unlawful detention probably.

                  But thisThat EA needs sacking or retraining imho. But then why am I surprised this is Marstons we are discussing after all!

                  Comment


                  • #10
                    Re: Baliff took my stuff after I showed reciept.

                    Although slightly different this forum entry may be of interest.

                    Comment


                    • #11
                      Re: Baliff took my stuff after I showed reciept.

                      Originally posted by ostell View Post
                      Although slightly different this forum entry may be of interest.
                      modem should use that article as persuasive evidence in any complaint. LGO not applicable to HMCS fine, but the precedent is the same, in modem's case it was Actual Removal rather than threat, as goods were taken and placed in the van. This makes the Marstons oik's actions more obnoxious even though he was collecting a criminal fine.

                      Again reiterate Sir Vere's good advice as to who to complain to.

                      Comment


                      • #12
                        Re: Baliff took my stuff after I showed reciept.

                        Quick thank you to all who responded, your advice and opinions have been great and really useful. I will give an update shortly letting you know what happening.

                        Cheers Guys

                        Comment

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