hi all

new to this forum so sorry if i dont make sense but will try my best.

there was a summons for court for some one at my friends address with simuler name D.O.B ect..

i made a few calls to find out what it was and long be hold it was TVL

.cut a long story short the reason i found out was becuse a bailif knocked at the door and said about a court fine for this other person.

my friend phoned courts and discussed the issue with them and made a stat dec

.after that we thought that was that

.untill a letter come thru their back door and handed to thier young boy to give to ther mum.

i phoned the bailif who was not very helpfull.

then contacted the court stating a stat dec had bean made under oath at the court ect.

.then the clerk at the court said it was for the same case

the paper work for the other person had my frinds N.I NUMBER on the TVL statement form .

they have never seen a TVL agent since they have lived at the propety.

nor do they watch live tv .

as they rather play board games and do fun stuff with ther kids.

as they are vulnerable due to mental health issues and feel tv brain washes you and makes you blind to the real world .

...the court put the action on hold while they lookd in to it

then 2days ago the same hcea turned up asking for my friend just by their first name

i reply back to him in a nice way no that person is not here

then he ask me for my info and

i told him i am not obliged to give that information and could he leave

( my path way its not mine tho i dont live ther i just wanted him to go because my friend opened the door to him

and i went striate up to the door and closed it be hind me why my friend sat down inside shacking like a leaf ...) as he is trespassing

he then reply i have a warrant to enter the property

i told him he is not entering

then he left with a smug smile on his face and said that my friend lived here

before i think he recognised my voice from the phone call i gave him 2months prior in relation to the removal of goods notice

that he broke back gate to get access to back door and

then handed the letter to there young child to give to there mum..

WHAT TO DO NEXT????????

i am gona phone the court tomorrow and speak with them again.

my friend has no knowledge of a TVL AGENT being present at ther home at any point a

nd defintly never signd anything.

as for the TVL statement and her N I number being on it we beleve it was ther x babysitter messin around

untill resent enconters with hcea the babysitter is an x baby sitter because we found out that the baby sitter was a reguler meth user

.my friend is in a lot of debt and in the middile of a DRO application and is registerd with a debt charity they own nothing .

they was gona ask a famly member to pay 650pounds to the courts to git them of ther case

but i told them dont we will fight it out as why would you pay a fine that ant yours

also tech speaking my friend now will have a convection for a crime she never commetd.

my friend is very stressd out by all this on top of evrything else .

her children are in the proses of assment for autism for the youngest child who will be 6 very soon

and anxity disorder and nite terrors for ther 8year old whom the hcea gave notice of removal to pass to his mum who is my friend .

my friend mentel helth is a wiered one to as a lot of pep dont realise what things are like for my friend

untill the git the condision expland to them .

shes basicly young and cant have any more kids due to a corrupt surgen takein her tubes out

when ther was no need to so now she cant have any more kids with out help

and it was not a legitamate proceder the doc just took them out as they thort it would be for the best incase an infection come back BUMMER

so i guess they got sum for of pstd as seeing babys and pregnet ladys really distresses her

.now you guys no what my friend has to go thru on a daily basis

j hope you can understand how much i wana help her out

best regards

sorry for the spelling and life story bit tierd and anx and wanted to git point accross

Hi there

Seems like you are in a stressful situation atm. I hope some of our experienced users can help you.

In meantime as this has progressed beyond the legal phase and is now with bailiffs, I am going to move your thread to the bailiff and enforcement forum where it will get seen better.

You can carry on posting as normal, as this is just a site admin thing

Regards

SS

UP DATE! just off the phone from the courts spoke with a lady who has put the enforcement on hold for two weeks why they git in contact with the other court that issued the fine...Again lol this happind be for on the 9/3/2015 and they put it on hold until the other day .

basicly there saying its a duplicate offence the 1st offence is in some one else's name the 2nd offence THE SAME AS THE 1ST is in her name work that out .

i told them that ther is no second offence as she never committed any offence . even the court i spoke with on both occasions even said that it should be written off as it don't make any sense .will keep you all posted

the date of the offence was october 2013 2years ago

Stay calm and let the court do some footwork. If the bailiff comes again, keep doors and windows closed and tell him to refer back to the court.

Has a TV Licence man visited the property in the past and been given your friends details along with an "admittance" to watching TV unlicenced, or have they caught someone out, in a different address, but due to a similarity in name to your friend, and perhaps the actual debtor having moved, the HCEO has tried to trace them and latched on to your friend, due to the similar names?

It seems unlikely that anyone would give their National Insurance No to a TVL man, and I wasn't aware they even asked for such - I suspect the HCEO or the Court, getting the wrong person due to similar name have accessed the DWP or HMRC databases to get it.

Might be worth asking for a copy of the "Interview under Caution" form that someone has supposedly signed just to see what details and what signature are on it.

How have they broken the back gate? Whilst they can force entry for fines, I believe they are legally obliged to make good any damage they cause, though BA or Ploddertom would advise better on that.

hi thanks for your input guys .caledfwlch the TVL man had visited the address of my friend whom she has never seen or spoke to since she has bean at the address .the n i number is hers the signiture isint nor is the name or date of birth .my friend has mad no admittance at all to watching live tv at any point .why she has bean at her home since 2013

but the copy of the same offence but still not in her name and wrong date of birth and a summons in her name with her date of birth is on file the only thing we can come up with is that it must of bean the x baby sitter .that was a class a drug user

what we found out and then lost contact with them.

as that would be the only way that they could have my friends n i number on the paper work around that time as they would of bean the only person in the premises it even states that they made a payment of 6pounds and that the TVL man see them flicking thru the channels ect...this is all a surprise and is a mess ..still not hard back from the courts ether .

the n i number is hers the signiture isint nor is the name or date of birth

possibly another stitch up by the commission paid capita goon.

Or a faulty trace by Sharkstons.

Looks like it's Statutory Declaration time at the mag court to state person is not named debtor, not correct Signature or DOB etc.

i heard from a good sorce that capita also are part of our private court scams we are seeing now days .good way of making an income find a name take the name to court then no matter what evidence find the name guilty and extort money from the name as in its all a swindle its happing with evictions and stuff with banks and stuff sorry to go off topic slightly .

Back to the subject i will be phoning the courts back in the week and find out what the other court has said also will be obtaining the other courts number and TVL and asking that if they do not write of the debit and distress warrant then i wish for a hearing to be held at a court near to where my friend is as the other court is around 80 miles away to fight the case thru .

and why im waiting will contact the correct onubisman to log a complainant.

also correct me if im wrong as my friend has bean fined for some 1 else do that mean that ther also taking on the conviction?????as that would need to be amended as my friend has not committed a crime

Marcus, do I understand you correctly that the Capita Agent is claiming your friend pay him Six Pounds at the Door? As far as I know they are not supposed to do that, and I would have thought such an admittance should see the guy sacked, and maybe even prosecuted for financial deception!!

As your friend does not have the ability to watch live tv how on earth would the babysitter have demonstrated it and flicked channels to the Capita Thug? I wonder if desperate to hit his targets what has actually happened is the guy has simply gotten a name from a neighbour or other source and "fitted" your friend up, and may have never made a visit where he spoke to anyone.

Is the National Insurance Number on the actual Form where your friend is supposedly admitting guilt under caution with the wrong signature? if so, Is it in the same pen colour, same handwriting as the fake signature or the parts of the form the Capita thug filled in? does it look like it was added afterwards? Though it is possible that Capita or the Court simply used the various systems and databases they have access too, to get your friends National Insurance Number.

I don't want to worry you or your friend further, but your friend, or you acting on her behalf need to be extremely proactive in dealing with this and getting the courts to cancel the Enforcement Agents, at least whilst this is being investigated, due to the fact that because this is a Criminal Fine, the Enforcement Agents do have a right to Force Entry into your friends home, by breaking through the door with a locksmith for example, they have already smashed her garden gate from what you say - but this is not a worry for the immediate moment as you say the Courts have put enforcement on hold whilst they investigate, but please DO be extremely proactive in dealing with this.

As your friend has mental health issues, and is a young mother, does she have some sort of Support Worker, Social Worker or regular contact with a local Mental Health Service? If so, it might be a very good idea to get them involved with this too, at the very least they will help to show the Courts and the Enforcement Agents if they turn up again that your friend is extremely Vulnerable, and Enforcement Agents should not be used against people who are Vulnerable by the guidelines.

If Necessary her GP may even be able to help.

BrassNecked, Renegade - If an EA used force to break open a garden gate for example, surely they are legally obliged to make good that damage, it sounds like they have simply left the damaged property in the state they put it in, and that can't be right, and certainly should not be up to Marcus's Friend to pay for, as she is innocent and the victim of some sort of bizarre mix up or fit up.????

hi caledfwlch

yes it is on the addmitance form i haveint got the paper work around me at the moment but from what i can remember is that the n i number is writen on the blue form at the bottom

in brackets and also little foot notes stating a payment had bean made on the spot and a payment plan was set out ect,, but that was add on think its in blue and signature is in black

going to the doctors 2day with her to git a letter stating she is vun as she has nothad an appointment with her shrink yet only just got her started with support and stuff .as she was scared to git help sooner thru the fear of having her kids taken in to care by the ss as she thort that coz she suffer from mantel health they would see her unfit to be a mum and her kids are her life as she cant have any more not even with nhs if they offered ivf ect..because of her mantel health .

but have sorted all that now as she a good mum and shes got all the support now

hi caledfwlch

 

yes it is on the addmitance form i haveint got the paper work around me at the moment but from what i can remember is that the n i number is writen on the blue form at the bottom

 

in brackets and also little foot notes stating a payment had bean made on the spot and a payment plan was set out ect,, but that was add on think its in blue and signature is in black

 

going to the doctors 2day with her to git a letter stating she is vun as she has nothad an appointment with her shrink yet only just got her started with support and stuff .as she was scared to git help sooner thru the fear of having her kids taken in to care by the ss as she thort that coz she suffer from mantel health they would see her unfit to be a mum and her kids are her life as she cant have any more not even with nhs if they offered ivf ect..because of her mantel health .

 

but have sorted all that now as she a good mum and shes got all the support now

have to phone tvl and speech them about all of this for them to with draw the conviction or somthing or i will be going round in circles .phone the courts again 2day to see what they herd back and the told me to phone TVL what do i say to them?

Its with the courts, so you need to be going to the courts. Dont start phoning capita. You have already been told what to do. Get to the court asap and file a stat dec. DOnt listen to the people on the phone. They are not legally trained.

Go to court asap, file the stat dec that the person does not live there, as well as the advice given above.

hi renegadeimp she already made 1 stat dec 2do with the other name so are you saying to make another 1 Staten that she has no knowledge of the new 1 as they are both linked for same offence my friend so she couldn't state that she do not live ther as she do do that make sense ?the lady on the phone said to ask TVL what evidence they have for her witch would be the same as it was for the other im gitin confused my self and i only have a week left be for enforcement is re issued when she made the 1st stat dec it was not under oth ether the judge just askd her to sign a bit of paper .THANK you for your input

or should i go to the parliement onubis man???

If she made a stat dec with the CORRECT info, then the bailiff should be called back and capita needs to start again. If they are continuing to ahrass, then the stat dec was either filed incorrectly, or something more is going on.

that is what is going on i think as after the stat dec all the same stuff come back other then the TVL blue admittance form with her info d .o .b name ect... on it so a new summons and case was made based up on the old case on the other name .even on the admittance form with other name it had stat dec declared on it in brackets at the top .but still with the the other persons name .thank you guys for all your help any more would be a great help gone phone the other courts 2moz be for the bank holiday and see what they say ...will keep you posted guys will try dig out the the admittance form and upload it

So when the new summons came, what happened? What did your friend do?

(cut a long story prier to the stat dec ) we first became awaer of a fine when mr hcea knockd and askd for other person told them dont no who that was and askd what it was regarding .

at 1st he wouldint tell me then was asking who i was ect.. i never give him any info other then im not obildged to say sir he got really ****y with me then i took his name and said i was gona phone his compny

to git them to take the address of ther system.

he told me to phone hmcs of the area im in to find out why he was ther .

in doing so discoverer that ther was a court case to do with TVL .speechd the court the man said that my friend would have to make a stat dec and it should be delt with as that is not her .he told mr that all the paper work would git sent back to the other court who would then send it back to TVL who then should drop it then never herd nothing until a summons come for my friend in her name and admittance form.

with other persons info but summons in my friends name again i phoned co ex plane she had already made a stat dec and this should not be in her name. again got put on hold.then got the the knock at door with same dude he ask for my friend by her 1st name no sir name i recognised him said the same as b4 and he said she use to live her thats when i joint this form for more help

should i pay the fine for her then sue the court via the people that handle it as i know you cant sue the court its self as there a government body.

and TVL for the distress they have put my friend thru?

AND marstons for harassment? in a worse case where no one will take the blame for a big mess up????

not that i want to do that was just a last option.what do you guys think?

UP DATE

just got of the phone with TVL i called them up explained the situation and the man did not sound that interested but was ok

he said he would forward it to the field team>>>>> to have it all wiped .i am going to receive a call tomorrow to conferm it has bean done i will also ask them to send a letter out to also conferm and for my friends records. it has bean delt with

i also told the man to write down on the notes that if this matter is not dealt with then i would be taking legal action .

i have a friend who can help me with that thankfully .it took 5mins of my time to make the call so fingers crossed it all git sorted .

will keep you all posted thank you for your help guys so far will be making donation very soon as well

Are you recording the calls as otherwise they may be economic with what was said?

no my friend should i and is it legal?

It is the only way you can prove what is said & as a private individual you have every right to do so.

do i have to inform them that i am recording or can i just record ?