friends court fine come to my address unsealed envelope threating credit rating

[queensclose]

** NOTE - This thread is copied to the transport forum as well, for maximum coverage **

 

a friend that stayed at my house a few years ago has just had a letter to my house via royal mail in an unsealed envelope for a mags fine for travelling on a train without the correct ticket from the time he was stopping here.

 

it says if no contact is made they will

register the account in the register of judgments , orders and fines (affecting your ability to obtain credit

 

my friend is panicking because he is in the process of obtaining a mortgage

 

can they do this

Edited July 5, 2014 by citizenB

[queensclose]

** NOTE - this issue is in two forums - Enforcement Forums and Transport **

http://www.consumeractiongroup.co.uk/forum/showthread.php?428286-friends-court-fine-come-to-my-address-unsealed-envelope-threating-credit-rating

 

a friend that stayed at my house a few years ago has just had a letter to my house via royal mail in an unsealed envelope for a mags fine for travelling on a train without the correct ticket from the time he was stopping here.

 

it says if no contact is made they will

register the account in the register of judgments , orders and fines (affecting your ability to obtain credit

 

my friend is panicking because he is in the process of obtaining a mortgage

 

can they do this

Edited July 5, 2014 by citizenB

[citizenB]

I think yes, they can. Your friend needs to act swiftly - in order for the judgment not to be registered then he will need to pay the entire Judgment Debt.

 

Is this the first time any communication has been received ?

[citizenB]

I think yes, they can. Your friend needs to act swiftly - in order for the judgment not to be registered then he will need to pay the entire Judgment Debt.

 

Is this the first time any communication has been received ?

[dx100uk]

who's the letter from?

 

if he has a CCJ then its already on his credit file

 

cant see the point in the CRA file threat.

 

dx

[dx100uk]

who's the letter from?

 

if he has a CCJ then its already on his credit file

 

cant see the point in the CRA file threat.

 

dx

[queensclose]

he had a letter from marstons about a month ago.

 

i passed that onto him and

 

he called them asking if they got the right person as he has never been to court in his lifetime.

 

they said they dont know what the fine is for. but will ask the Magistrates court for more information

.. then this appears.

 

apparently in 2007 he boarded the train with the ticket for the previous train because he missed it.

 

he give this address as it was where he was living and that is the last he heard from it.

 

he has no problem paying it but concerned that they may enter a judgement on the register

and the fact the envelope had been sent unsealed for anyone wanting to read it

and the fact he was never told of a hearing

[queensclose]

he had a letter from marstons about a month ago.

 

i passed that onto him and

 

he called them asking if they got the right person as he has never been to court in his lifetime.

 

they said they dont know what the fine is for. but will ask the Magistrates court for more information

.. then this appears.

 

apparently in 2007 he boarded the train with the ticket for the previous train because he missed it.

 

he give this address as it was where he was living and that is the last he heard from it.

 

he has no problem paying it but concerned that they may enter a judgement on the register

and the fact the envelope had been sent unsealed for anyone wanting to read it

and the fact he was never told of a hearing

[josephbloggs]

Criminal magistrates fines do not affect your credit rating .

[josephbloggs]

Criminal magistrates fines do not affect your credit rating .

[dx100uk]

this cant hurt his cra file sorry

 

its a magistrates fine.

 

2007!

 

when did this goto court

 

7yrs to chase him!

 

somethings not right here

[dx100uk]

this cant hurt his cra file sorry

 

its a magistrates fine.

 

2007!

 

when did this goto court

 

7yrs to chase him!

 

somethings not right here

[queensclose]

it appears they can do

 

DMBM666350 - CCP: action after judgment obtained: registration of county court judgments

The Register of Judgments, Orders and Fines

The Register of Judgments, Orders and Fines (the Register) was set up on 6 April 2006 to provide for the registration of

 

county court judgments

county court administration orders

High Court judgments

Magistrates’ court fines defaults

Child Support Agency liability orders.

Magistrates’ court orders (civil and council tax) are not included.

[queensclose]

it appears they can do

 

DMBM666350 - CCP: action after judgment obtained: registration of county court judgments

The Register of Judgments, Orders and Fines

The Register of Judgments, Orders and Fines (the Register) was set up on 6 April 2006 to provide for the registration of

 

county court judgments

county court administration orders

High Court judgments

Magistrates’ court fines defaults

Child Support Agency liability orders.

Magistrates’ court orders (civil and council tax) are not included.

[unclebulgaria67]

Ideally a copy of this thread needs to be put in the transport folder on CAG, as advice is needed about the original magistrates court issue and what the OP's friend can do about it. I suspect the train company chased payment for quite awhile and because it remained unpaid. they reported this as fare evasion, which is a criminal matter.

 

If the OP's friend did not receive relevant documents from the Mags court, it may be possible for them to make a declaration to the court about this and they can then just pay the relevant fine, without any enforcement fees being due.

[unclebulgaria67]

Ideally a copy of this thread needs to be put in the transport folder on CAG, as advice is needed about the original magistrates court issue and what the OP's friend can do about it. I suspect the train company chased payment for quite awhile and because it remained unpaid. they reported this as fare evasion, which is a criminal matter.

 

If the OP's friend did not receive relevant documents from the Mags court, it may be possible for them to make a declaration to the court about this and they can then just pay the relevant fine, without any enforcement fees being due.

[citizenB]

Uncle B, will copy to transport as well

[citizenB]

Uncle B, will copy to transport as well

[tomtubby]

One of the 'further steps' available to the Fines Officer is to register the debt as a Judgment with Registry Trust. This does not happen very often and instead, most Fines Officers will authorise a Warrant of Control (previously a Distress Warrant).

 

In this case I suspect that was has happened it that a Distress Warrant passed to Marston Group had been returned back to the court following the conversation with your friend a few months ago and the court have now decided to impose an alternative 'step' to enforce payment and this time to register the debt with Registry Trust.

 

Given that your friend had not received a summons he is legally permitted to file a Statutory Declaration.

 

As I have said above I 'suspect' that the above has happened. A lot will depend on WHO the letter has come from (the court or an enforcement company. If you could find out we can advise the correct course of action.

[queensclose]

it has come direct from magistates court.

[Old-CodJA]

Ideally a copy of this thread needs to be put in the transport folder on CAG, as advice is needed about the original magistrates court issue and what the OP's friend can do about it. I suspect the train company chased payment for quite awhile and because it remained unpaid. they reported this as fare evasion, which is a criminal matter.

 

If the OP's friend did not receive relevant documents from the Mags court, it may be possible for them to make a declaration to the court about this and they can then just pay the relevant fine, without any enforcement fees being due.

 

 

 

This is very likely what has happened in this case

 

However, the alleged offender would be well advised to check their memory very closely. It is not unheard of for a person convicted to later claim that they knew nothing about the matter only for the prosecuting authority to have on record some correspondence, email, or telephone record that negates the claim.

 

I only mention this because we recently had another such case, where a convicted individual made a statutory declaration to the Court that he didn't know anything about the prosecution, we restarted the matter and presented to the Court the evidence that the offender had in fact contacted the office about the earlier case. The penalty for perjury is a very serious matter indeed.

 

Berore anyone jumps to a conclusion, I am not saying that this is what has happened in the OPs case, but it's certainly worth mentioning that despite many peoples' expectation to the contrary, it is exceedingly rare for these things to simply go away.