IVA and Marston Holdings ballifs

Tsharples

Hoping for some clarification and advice.. my husband and I are under a IVA (went into place last Wednesday) this morning a baliff attended our home insisting payment for a parking fine which we are sure is contained within the IVA. The ballif informed me he does not have to accept the IVA which we informed him this is not the case as from the process we are both certain only 75% of our creditors have to accept this and over this amount did. He also clamped my car which has a blue badge and has finance which we again were under the impression this was not allowed he did not give us any paperwork also stuck a blank seizure notice on my car but never gave anything regarding this to me. When I contacted my husband he asked to speak to the ballif. The ballif refused to return my phone (this is on a bright House scheme so is therefore not our property until the last payment he was shown the paperwork however still refused to return the phone) my husbands boss kindly paid the amount to stop the seizure of my car. We informed the company who deal with our IVA however we are both concerned would the money be returned to us so we can reimburse my husband's employer? Also how do I go about complaining about the enforcement officer and his behaviour hope for some help thanks

fatbelly

I'm assuming that this was a council penalty charge notice. Complain to the bailiff organisation and the council that instructed them.

If they do not agree to return the payment the complaint process is here

https://bailiffadviceonline.co.uk/complaining-about-a-bailiff

DorisTrousers

Hi,

The money MUST be returned, although technically it then forms an asset in the IVA. Under the circumstances however the I.P. in charge will return the money to your boss.

No wonder bailiffs get a bad name. He absolutely knew what he was doing was not allowed and therefore acted unlawfully. In the remote possibility that he did not, then what is he doing as a Bailiff in the first place?