Success Liability Order Case Study

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Introduction

Understanding the dynamics of liability orders and the rights of beneficiaries is crucial in navigating legal challenges. This case study highlights the complexities of a 2018 Liability Order, enforcement attempts by Marston Debt Collection Agents (DCA), and the importance of acting as a beneficiary to expose potential fraud.

The 2018 Liability Order Case

In 2018, a case was heard in the absence of the accused, leading to the issuance of three purported Liability Orders (LOs). Marston Debt Collection Agents (DCA) attempted to collect on these LOs, unaware of equity law and beneficiary rights.

Initial Response and Lien Creation

Without knowledge of equity or beneficiary roles, liens were created and sent to the Directors of Marston DCA. This action resulted in Marston dropping the case for a year, possibly realising the difficulty in enforcing liens.

Renewed Enforcement Attempts

Marston resumed their attempts, deploying an “Arrest Enforcement Agent” who left multiple red Arrest Notices. These notices, not issued by a Bailiff, were ignored. Despite sending Data Subject Access Requests (DSAR) to the prosecutor, full disclosure of data was not disclosed.

The 2022 Arrest Warrant

In 2022, a Magistrate’s court issued an arrest warrant, but the document received was marked as a copy with no warrant number. Contacting the court from the initial 2018 hearing revealed no records or evidence of the LOs.

Challenging the Arrest Warrant

A DSAR is to be sent to the DCA to validate the arrest warrant and hand-delivered arrest notices. If fraud is detected, it constitutes a serious crime under S.2 Fraud Act 2006, potentially leading to a 10-year committal and a claim against the prosecutor for concealment.

Key Takeaways for Beneficiaries

This case study underscores the importance of acting as a beneficiary. Concealment of evidence is an offence, and failure to produce evidence suggests the nonexistence of claims. Beneficiaries can expose lies and deceit by mastering these principles, holding trustees and agents accountable and seeking restitution.

This is the so-called warrant:

Conclusion

The 2018 Liability Order case illustrates the power of understanding equity law and beneficiary rights. By challenging enforcement actions and seeking transparency, beneficiaries can uncover breaches of trust and secure their rights.

Key Points:

2018 Liability Order case highlights enforcement issues and beneficiary rights.
Creation of liens can deter collection agents.
DSAR requests can uncover lack of evidence and potential fraud.
Acting as a beneficiary exposes deceit and secures restitution.

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