Marston Bailiffs - Letter for former lodger

[RJPotts]

Hi All,

 

I'm new here so fingers-crossed that this is in the correct forum.

 

Until around 3 weeks ago I had a former friend lodging at my home. He was only here, on & off, for around 6 weeks, I had to throw him out because he caused substantial damage to my home and neither arranged to have the damage made good, paid for it to be done or even apologised (& I'm talking about what will in total be over 1,000).

 

I've since received a number of items of post addressed to him. Today when I got home another one had been delievered except I didn't notice it was for him until after opening it.

 

It's a letter from Marston:

 

"We are in posession of a Magistrates Court Order as a consequence of non-payment of the above amount. We are instructed to demand immediate payment in FULL from you. We must inform you that unless the TOTAL sum due is paid into our office within 7 days of the date of this letter, our bailiffs will attend to levy distress and remove your goods for sale by PUBLIC AUCTION. This action will involve minimum further costs of 215."

 

It was seemingly non-payment of a 35 fine for 'A*****t by b*****g' + 85 fees.

 

Not wanting something like this to be recorded against my address I called Marstons, it was a -long- process just to speak to someone. The first time, after being on hold for ages the line was answered, as I started speaking it went dead. I called back, more time on hold. This time I was able to start explaining the situation but after a few moments the line died again. In case it was a problem with the landline at home I tried from my mobile. More time on hold & yep, same problem after speaking for a few moments. On the 4th attempt, having speant over an hour on hold I eventually got to speak to someone properly.

 

I explained the situation and explained that because the addressee left under far-from-favourable circumstances, that he did not provide a forwarding address but that I had subsequently discovered where he was working, I offered this information but it was refused with no explanation beyond "I need a residental address". I said I thought it was ludicrous that they were being offered information which would enable them to find the person they're trying to contact but were refusing it. I then specifically asked for my address to be removed from the persons record.

 

I was told that I would have to send them a utility bill in my name. I asked what that would acheive, given that it neither prooves I actually live at the address or that the person they are chasing does not. I received no sufficient answer to this, only mumbling about bailliffs visting. I asked again both what sending a utility bill would acheive and also why I should have to do anything given that I'm not the person they're chasing (this being particularly annoying when I've already offered contact details (which they could verify with a single call) and when they could verify my residency here on the electoral roll). When I didn't get a sufficient reply again I asked to be transferred to his duty manager and I was asked why he should!! I said that I wanted to speak to someone in authority there and the reply was "I'm in authority, I'm a senior member of staff" so I pointed out that if he was "a senior member of staff" that he wouldn't be taking first-line calls. I then asked again to be transferred to his duty manager and he refused. I asked for him name, given the fact that he had a strong accent, because he was obviously very agitated and because I wanted to be sure I asked him to repeat and the response was (shouted) "A-L-F-I-E, did you get that, was it simple enough for you?". Given his appalling attitude I hung up.

 

So........... as I'm not an expert in these matters what should I do next? I have no wish to avoid either Marstons or my former lodger running up expenses and charges etc, that bit doesnt bother me in the slightest. However, I dont want any of this to be recorded against my address. Can I force the removal of my address? How on earth can I proove someone -doesn't- live here? Should I have to proove anything? Can Marstons send someone to my home to seize property? Can they force access to do so? Everything here is mine, there is nothing here that belongs to the former lodger.

 

Many thanks in advance!

Richard

Edited May 3, 2013 by RJPotts

[mikeymack2002]

Hi Richard welcome to CAG

 

Well 1st of all they are in breach of the DPA for disclosing the details without checking the person is who it was meant to be, and if therefore you are not the person involved just simply call the police and ask for them to attend to "prevent a breach of the peace" it's the their duty.

 

Provide your details and simply state that the person they are trying to enforce no longer lives at this address, and to return the warrant to court for reissue to correct address, IMHO also a call to the court service stating that the person no longer lives there, and if your bailiffs return I will sue for tort of trespass and harassment and that should be the end of it, but..... if they levy on any of your property then try to take it, they commit the act of theft,

 

You may want to edit your post to take out the nature of the offence because you are not the person concerned and is not relevant to this and you may get yourself in to bother if your old lodger finds out

 

Also outstanding debt from court is attached to the to the named persons credit file not you or your home also the bailiffs don't like being filmed either so worth having a video of the confrontation you may have, ask to see the Bailiffs ID card and keep the details safe if it indeed turns ugly you have a name to start with....

Edited May 3, 2013 by mikeymack2002

[RJPotts]

Hi,

 

Thanks for the message.

 

I dont believe they have breached the DPA as they didn't disclose any information on the phone. The information I have is from the letter.

 

I dont see any value on speaking to Marston on the phone again. The attitude from the guy I spoke to was truly shocking.

 

I guess it may well be useful speaking to the court service and seeing how they can help. The only slight problem there is that the contact details on the HM Courts & Tribunals Service website, unless you're using a textphone, are on a court-by-court basis and I have no idea which court dealt with the matter. What I do have though is the HMC&TS reference number. Does anyone know if there's a way of finding out which court it was? If not I suppose it may be worth phoning the most local one and seeing if they can look the reference number up.

 

I was under the impression that credit searches etc will often show list other people who have been resident at the address?

 

By chance there's a (tiny, part-time) police station a few hundred yards from my home so yes, should a bailiff come knocking I'll ask him to wait outside and then call the police.

 

Best regards

Richard

[citizenB]

I have flagged your thread for one of the Site team who knows about these things. It is probably best that you don't speak to them on the telephone again.. but then you have almost certainly come to that conclusion yourself !

 

Someone will be with you soon as they can

[renegadeimp]

Get to the nearest solicitors, send them a stat dec that everything in the house is yours ( create an inventory of goods to make it easier), send it to the bailiffs and tell them to bog off.

 

You will also need to call or write to the courts, explain what has happened, and send in the stat dec. They will probably want you to go to the court and sign something there too.

 

It is pretty easy to show he isnt there. You just need to do the legal documents to prove it.

[RJPotts]

Hi both,

 

Thanks for your messages.

 

You're quite right CitizenB. I have no wish to speak to them again!

 

Hi Renegadeimp, By chance (via scanning messages on here), I've just been reading about stat decs. It is indeed true that everything here is mine, the few things that he left included nothing of value so it all went in the bin. Am I correct though in reading between the lines that a stat dec is for a limited period? Is it correct that I can obtain one at a court free as opposed to charged at a solicitor? Does it then need to be submitted to the court, to Marstons, or to both?

 

I'll be phoning the local court on Monday (i've already emailed also) to seek their advice. You mentioned it being pretty easy to show he isn't here. Barring showing someone the now empty spare bedroom how do I do so though?

 

Best regards and again, many thanks!

Richard

[renegadeimp]

A stat dec is a legal document that declares that everything in the house is yours and the named person does not reside there. You can also go to the court and do it there. It is legally binding as if you sign a stat dec at a court and you are found to have lied, you will be found in contempt of court and be punished as such.

 

GO to the court, take as much proof as possible and get the documents signed. You also need to go to a sol and get a stat dec done and send it to the bailiffs. The court might not even need the stat dec as long as you provide enough proof and sign the right forms.

[tomtubby]

You state that you have an HMCTS reference. Does the letter state which court or any details. For example, does it state HMCTS London, Kent, Liverpool etc.?

 

It is important to put something in writing to the Court and copy it to Marston Group

[mikeymack2002]

I have looked around and have found the snippet from a list if you are not the debtor then the levy is invalid the bailiff cannot take anything of yours if you are not the debtor

 

 

Invalid levy

 

This is a edited list of grounds a levy could be invalid and the distress is irregular,

 

• Levying on somebody else's goods or on the wrong vehicle: The fees must be refunded, page 6 and 7 of 11 of the Local Government Ombudsman report on 29 November 2012
  

Edited May 18, 2013 by mikeymack2002