Marstons help needed

[misssparkle]

Hello,

I'm looking for some help regarding a notice of enforcement I've received this morning for my ex partner.

It is for a court summons for tv licensing which I received to my address after we split up, when I received it I phoned the court to inform them he wasn't at this address but stupidly didn't say he was my ex as I don't have a clue where he is and thought at the time it was better to just say I was a new tenant (I know,very stupid) they told me to return the summons and I thought that was the end of it but this morning I've received an enforcement notice from Marstons.

I phoned them up and stuck to the same story that it must have been a previous tenant as I thought I can't change it now in case they find out I've lied...they told me I have to send in evidence that I'm not the person named and they will do some checks to confirm that the evidence I provide is legit.

 

My fear is what will happen when I send it off? What checks can they do? I'm going to send my tax credit award notice which has my own and my new partners names on but will they check anything with HMRC? Please help I don't know what to do and I'm frightened if getting into trouble

 

Thanks in advance for any advice

[unclebulgaria67]

Just send them a photocopy of the new tenancy, with a note that the person they are seeking Mr X moved out of the property on x date.

 

That should be the end of it.

 

Think you are worrying too much. You have done nothing wrong so far.

 

They will continue there search elsewhere, once you have sent the informatiom.

[misssparkle]

Thank you for replying...my only problem is that I myself have lived here for 10 years and I can't find my tenancy agreement hence me sending my tax credit notice...would they check with the council? I'm so scared because I've lied and said I've no clue who this person is.

Thanks again

[unclebulgaria67]

Thank you for replying...my only problem is that I myself have lived here for 10 years and I can't find my tenancy agreement hence me sending my tax credit notice...would they check with the council? I'm so scared because I've lied and said I've no clue who this person is.

Thanks again

 

Don't worry. Just get something showing who is living at the property and send it to them.

 

All Marstons want is something which confirms who is living at the address.

 

Or you & current partner both get statutory declarations done, which I think you can do at the local Magistrates free of charge confirming that you are resident at the address and all possesions at the address are owned by you.

[misssparkle]

Thank you so much I'm starting to feel a bit calmer now I think I will just go with sending the tax credit award as I'm not very savvy with anything legal unfortunately and I wouldn't know where to start!

One more question if you don't mind...do you think that would be the end of it if I sent off the tax credit letter or could they check up on me and find out I've had my tax credit to this address for some time? Bearing in mind they think I'm a new tenant? Sorry to be a pain I just can't help worrying probably because i know I've not been entirely truthful

 

Are Marstons different from the average debt collection agency in that they have more powers etc?

 

Thanks so much

[unclebulgaria67]

Marstons can only check official records which are freely available, such as electoral register. They can't search for tax records. They might contact the local council re who is paying council tax at the address.

 

Marstons have a contract with the Magistrates courts to collect unpaid fines.

 

I am not sure your tax credit letter will work, as it just confirms you are resident. Marstons will no doubt find out you have lived there for some time.

 

Do you not have any paperwork for you and your new partner showing that you are resident at the address ? It is not complicated. If you both went down to the Magistrates with documents confirming indentity and address, you could explain the situation of having this fine chased at your address for an ex partner and could you get a statutory declaration done for Marstons that you are resident.

 

What about your landlord. Surely they know who is resident at the property and can provide a tenancy document confirming you are resident.

 

You need to resolve ' who is living at the address' because Marstons will come back threatening to force entry, which they can't do without further authority from the court.

[ploddertom]

Surely the giveaway has to be in your name & how you sound or are they expecting missparkle has a very deep voice.

[tomtubby]

I can understand your reason for worrying.

 

If you were to send a tax credit letter with just YOUR name upon it the enforcement company would most likely think that the debtor was still living with you. In this case however the tax credit letter that you are sending has your name and that of your NEW partner. That should be evidence enough that your ex partner does not live at the property any longer.

 

Make sure that you sent a COPY and not the original. You might want to include a note in your letter of the approx date when your ex partner moved out.

 

If you get any problems please do post back.