Train/tram fines being demanded by Marstons

[kaylou28]

Hello,

 

For the past nine years we have had trouble with different baliffs collecting on behalf of train and tram companies. It started with a baliff collecting for many unpaid tram fines in my husbands name in 2007. My husband did NOT accumulate these fines and had no idea where they came from. We had no correspondence of the orginal paperwork. Just what the baliff had in his hand. He suggested my husband do a stat dec on them and was very understanding. A few were actually referred back to court. My husband attended court and once the description of the person fined was read out it was quickly dismissed. The description however was the exact match to his brother

His brother admitted using my husbands name and address on many occasions.

 

We thought it was all over. We moved address and didnt think anymore of it.

But Its been years and these baliffs kept coming. Some we paid as they didnt give enough time to complete a stat dec others gave us time to complete it. Its been nine long years of just wondering when the next door knock will come.

 

This morning a baliff arrived stating he wanted £825 for avoidance of fares relating to 2005 and 2007. He has given us 24hours and if we do not pay hell be back with the police and a locksmith. We are at our wits end. Again its another day off for my husband and another day of ringing around courts. Is there anything we can do to stop this baliff and the locksmiths as we really do not have the money this time to stop them and not enough time to complete a stat dec. (Although my husband is trying)

 

thank you

[honeybee13]

Hello and welcome to CAG.

 

I'll move your thread to the bailiffs forum, where the guys will be able to advise you. They should be along over the course of the day. I'll leave a short term redirect for you to follow from this forum to the new one.

 

My best, HB

[honeybee13]

Thread moved, here's a link in case you need it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?417975-Train-tram-fines-being-demanded-by-Marstons

 

HB

[tomtubby]

Firstly, you need to be aware that the bailiffs have a Distress Warrant and this is an ORDER from the court (or to give its true name a COMMAND) . Therefore the bailiff is under a legal obligation to comply with the wording on the warrant.

 

In this particular case, the ONLY way to get the bailiff company to cease enforcement is to simply apply for a Statutory Declaration. What the court should be doing is to CONSOLIDATE all fines and one Statutory Declaration will satisfy all fines on their records.

 

Your husband needs to call the court immediately and they will make an appointment for a Statutory Declaration. Make sure that he explains to the court that Marston's are threatening to return with a locksmith in the morning. What normally happens is that the court will contact Marston's to ask them to put the account on hold for a certain period of time (14 days etc) to allow your husband to attend the appointment.

 

Please post back once he has spoken with the court.

[kaylou28]

Firstly, you need to be aware that the bailiffs have a Distress Warrant and this is an ORDER from the court (or to give its true name a COMMAND) . Therefore the bailiff is under a legal obligation to comply with the wording on the warrant.

 

In this particular case, the ONLY way to get the bailiff company to cease enforcement is to simply apply for a Statutory Declaration. What the court should be doing is to CONSOLIDATE all fines and one Statutory Declaration will satisfy all fines on their records.

 

Your husband needs to call the court immediately and they will make an appointment for a Statutory Declaration. Make sure that he explains to the court that Marston's are threatening to return with a locksmith in the morning. What normally happens is that the court will contact Marston's to ask them to put the account on hold for a certain period of time (14 days etc) to allow your husband to attend the appointment.

 

Please post back once he has spoken with the court.

 

Thank you for replying. My husband has been on the phone to the courts For the past two hours. The first court searched the database and found a total of 128 fines!!!! He said most of them had a zero balance so either have been settled or had stat decs on them. He also had put a stop on Marstons like you said which gives us time to complete the stat dec which has been booked in for friday. The courts also told my husband that during this mornings baliff visit he listed my husbands car. So im guessing he wouldnt have come back with a locksmith it would have been a tow truck! But aleast he is on hold for the time being.

 

Hubby then rang the courts he needed to get the paperwork from for the stat decs as there was various fines that were put together from different courts. One court we can not get hold of as of yet. The other has stated they cannot get the paperwork from 2005 as their system only goes as far as 2007??? My husband then asked how can they be chasing a debt that they do not have the original paperwork for to which the woman replied that she didnt know. She is now trying to find said paperwork for us and will get back to us asap.

Please excuse my spelling and grammar im on my mobile and have a two year old attached to my leg lol.

 

Thank you for your help. I will keep you updated

[tomtubby]

I am delighted that the advise has assisted you. Please do post back after the hearing on Friday.

 

Like you, I am extremely worried at the way in which the courts can request a Distress Warrant for court fines where they themselves have NO adequate records. Dreadful.

[sgtbush]

they do have adequate records, however, if some of the fines go back futher than 2009, tomtubby, then their are only paper records held in archive, their was a new computer system put in in 2009 and pre 2007 cases were not put on, as it would of taken too much time, like 40 years time to input the data into the system, it is quicker to have a minion in the relevent court trawl the paper records.

hope this answers your question