Hiya,

earlier today heard a banging on the door,

I don't answer the door to anyone unless I'm expecting them.

Knew instantly by the type of banging it was a lovely bailiff.

Went on to 'knock and hang around for 20minutes or so.

letter posted was addressed to my ex husband for a court fine

(I have no idea how he got this as we are separated and he has long moved out).

I have 2 questions,

the first being

can I ring Marstons and explain the situation showing proof of council tax or something,

everything here is in my name and he owns or pays nothing towards any of it.

Secondly can bailiffs really break in over a court fine,

the most it would be would be a travel fine I'm guessing or driving maybe?

Can't see it being anything extreme.

Thanks in advance.

First you NEED to find out what kind of fine, because for some court fines the baliff can return and break in. I would contact marstons showing proof he doesnt live there ( do NOT allow them to enter your house, as they will try and get you to sign a levy.

Also, perhaps make a stat dec saying he doesnt live there and has no dealing with you or the house. Do you have the court reference number or any info so you can contact the court as well?

You need to act fast now and get the ball rolling.

when did he move out?

so he's not updated the likes of DVLA etc about car/licence address change?

have you had any previous letters etc?

Bear in mind marstons might claim DPA stops them talking to you about it as itisn't yourfine, they will try to make you pay up though if they can, so any proof of non residence scanned and sent to them should help. They might demand to come in to "search" for his goods as they wwill have been told someone has gone but hasn't really.

How long has he been gone?

He's been gone over a year.

There's nothing in his name here.

I dont think it's anything to do with driving,

I'm 99% sure it's a unpaid train ticket as this is a issue he had many years ago.

I don't have much to do with him now.

No chance will I let them in, do you know what type of court fine they can break in for?

I can prove he dosent live here via tenancy agreement, council tax, phone bills etc.

Magistrates Court fines not Civil as in Council PCN,

if train ticket fine is from magistrates then they can technically force entry,

if you can find out what court issued the fine you could apprais them of his non residence,

but you might have to tell the bailiff where he is to get them off your back.

Bailiff Advice will probably look in shortly with some salient advice

What do you mean by technically break in?

I'll be sending them evidence that he dosent live here,

no chance will I be doing their disgusting work for them and giving them addresses, not that I have one.

If they come back after this then they are the ones breaking the law.

So just to clarify if it is a travel fine then they can break in for this?

yes they can but very rare.

did you ring martons and ask what the fine was for?

No, I haven't rang them. I doubt they will tell me anyways.

The 'man' that came earlier left a number, bur in all honesty if I can avoid speaking to them I will.

Just really curious if they would break into my home for travel fines? I can bare with the knocking as I'm not in or just carry on about my business.

Meant to say I'm rarely in.

What do you mean by technically break in?

 

So just to clarify if it is a travel fine then they can break in for this?

If it is from the Magistrates Court they can get a locksmith to drill the locks if they are satisfied in their own minds with no proof to the contrary the debtor lives there and they have been denied access previously. can't do it for a Civil PCN though or Council Tax. Anyway if you follow the advice from renegade imp and supply proof of non residence they should go away

Once proof is accepted they should go away, in any event they only turned up because he hasn't updated DVLA etc, so until they are told and accept proof they have done no wrong .... yet.

It says HMCT on the letter he posted. So definitely a court letter.

I'll just have to ring the idiots and send some proof. Wouldnt of bothered if knew they couldn't break in, but seeing as they can I best get on the phone.

Could somebody also shed some light on what people can get court fines for exactly and also why some parking fines go to court but others don't?

Do you know where your husband has gone now?

I know the area but not exact address. Have spoken to them now anyways but surprise surprise it's the 'representative' who came earlier today that I have to contact and his phone appears to be off with no voicemail.

It would be helpful if you did point the finger, as to whereabouts, but so long as you prove non residence should be ok. Bailiff could be in breach of data Protection if he discusses debt with you as you are not the named debtor.

It is the EA that need to be satisfied that the debtor foes kit reside there so its not a surprise you have been referred back to him.

Feel free to play hard ball, the bailiff will the just believe you are shielding and continue and can force entry.

Court fines for any sort of criminal offence.

Fighting.

Cruelty to animals.

Driving offences.

Companies house fines.

Public order.

Bylaw fines.

Contempt.

There are loads.

It would be helpful if you did point the finger, as to whereabouts, but so long as you prove non residence should be ok. Bailiff could be in breach of data Protection if he discusses debt with you as you are not the named debtor.

The bailiff can discuss almost all aspects of what he is doing there, but shouldn't discus the balance. That's about the only thing that is restricted.

Well I already know the balance as it was on the letter he posted.

Spoke to marstons anyways and will be showing them all documentation required,

just need to speak to bailiff once he turns his phone on.

Won't be stepping a foot in my house that's for sure.

My ex husband isn't even on electoral here so amazes me why they think he lives here.

The bailiff can discuss almost all aspects of what he is doing there, but shouldn't discus the balance. That's about the only thing that is restricted.

Thanks for the clarification Grumpy, I was like yourself trying to impress on Ladsy2017 the importance of proving non residence of ex as the EA can continue until satisfied he's not there.

Well I already know the balance as it was on the letter he posted. Spoke to marstons anyways and will be showing them all documentation required, just need to speak to bailiff once he turns his phone on. Won't be stepping a foot in my house that's for sure. My ex husband isn't even on electoral here so amazes me why they think he lives here.

He thinks it because the court told him so and unless proof is provided then he follows the courts instructions. As a bailiff he has heard every excuse going. Which is why there are procedures for you to follow to ensure he has up to date info

Well I already know the balance as it was on the letter he posted. Spoke to marstons anyways and will be showing them all documentation required, just need to speak to bailiff once he turns his phone on. Won't be stepping a foot in my house that's for sure. My ex husband isn't even on electoral here so amazes me why they think he lives here.

In the first instance, a bailiff cannot go 'behind' the warrant. Therefore, if the warrant is against your ex husband at your address then the enforcement agent should continue with enforcement.

Bailiff companies enforce approx 6 million debts a year and every day bailiff these companies receive hundreds of letters and phone calls from mothers, fathers ex partners etc advising that their son, daughter, ex partner, ex husband etc etc does not live at the property. The sad fact is that a large percentage of these letters are not truthful and are sent in the hope that a debt will be returned on the basis of 'gone away' when in reality, the debtor really does live at the property (or as an alternative, the new contact details are known).

One example that I became involved in last summer is one such case:

I received an enquiry from a mother whose son (age 28) had 2 unpaid court fines of over £1,000. He had apparently made some payments to the court over the years and then stopped paying. She had written to the bailiff company (Marston's) to state that she and her husband had thrown their son out of the home 3 years earlier for various offences. The mother was adamant when I spoke with her that she and her husband had not seen their son in three years and that 'apparently' the only contact details they had was for a mobile number from three years ago. I suggested that she provide the company with the number.

A couple of days later, the mother called me. She was desperately upset. Bailiffs had attended her home at 6.30 that morning and managed to gain entry into the property where they found the son in bed. His wardrobe was full his clothes and his TV and Hi Fi were also in situ. Even to me, the mother tried to claim that by sheer co-incidence, her son has supposedly turned up 'out of the blue' at 2am in the morning begging for a bed for the night. The debtor paid half the debt that day with a promise to pay the balance within 7 days.

Sadly, I have lost count of the times when similar situations have arisen.

Coming back to your particular case, if your ex husband is no longer living with you, the enforcement company would expect that at the very least, you would have contact details for possibly his parents, his brother or sisters...and most importantly.......his employer.

PS: I am sorry if the above post is rather harsh but you need to be aware that the bailiff is enforcing a criminal court fine......and that is the reason why bailiffs enforcing these debt do have a right to force entry into the property.