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Notice of Enforcement - Marston - Not my name

Hello Everyone

So i have recieved the above mentioned document from Marston. Detals of the judgment say ' a warrant of control has been issued by her majestys court & Tribunals service - distress warrant 15/07/2009.

The warrant has my brothers name but my address. I have no clue how this could have come about as he has never ever lived here. he claimed jsa from my address for about 3 monthts years ago as his care of address.

He has never ever lived here, never had post here (apart from the odd jsa letter when he was claiming) i havent had contact with him for the past 3years

the thing is last time i heard about him he was siging on somewhere so why would they not do a trace for him this way?

I read on marston webiste they will still come if he have the same surname.

i am going to call them on monday obviously will state the truth that he is my brother but i dont know where he is as i dont have contact with him. is thier anything else I need to do?

thanks in advance

ps im quite scared about this just due to all them shows on tv, yes i have proof that everything in this house is mine, but i don't want them turning up in the 1st place.

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    You will get better advice if you post this in the debt free wannabe forum
  • Thank you. Was not sure where to post as its not a parking fine as such but still some kind of 'court document' - thanks again - will repost
  • Just get all your proof together that he is not an occupant. The council tax is a good start. Also make sure you have receipts for all the high value items that you own in case they come round.

    Phoning them on Monday is a good start, and then back your phone call up with an email with the proof that he doesn't live there.

    That said it would be much easier if you can provide a forwarding address (you might not have contact but do any of your other relatives?)
    If you were not the driver write to the parking firm and tell them who was so they CANNOT hold you liable. The person who was driving the car is responsible so let them deal with it. Not you! Don’t let people with an agenda tell you otherwise.
  • You wont need receipts, they can not break in for a civil warrant.
    They are like vampires, they have to be invited.
    They will make 3 visits and pass it back to the civil authority involved.

    Dont open the door, dont let them in, they are thick, lying thugs and they wont listen to your story about not been who they want.

    Play the game, lock up, dont open doors and await the 3 letters and then the trouble is over.

    They will lie about vans and locksmiths, it is all bull.
    Spells, the only power they have is what you grant them.
    I do Contracts, all day every day.
  • Umkomaas
    Umkomaas Posts: 41,199
    First Anniversary Name Dropper First Post Photogenic
    Forumite
    In addition this might help you in dealing with bailiffs - make contact with 'Bailiff Advice Online'. Sheila, who provides this excellent service, has an extremely good reputation for assisting people with bailiff issues.

    Calls and the email enquiry service are free.

    Here's your link:

    http://bailiffadviceonline.co.uk

    Sheila also posts on MSE as 'Herbie21

    HTH
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thank you. I have emailed them tonight with my council tax bill & register to vote doc. as mentioned I will call on Monday. I don't even want them coming to the door. its awful cause its nothing to do with me...((sigh))
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Do not call them, write to them. Such matters need a paper trail.
    You never know how far you can go until you go too far.
  • CIS
    CIS Posts: 12,260
    Name Dropper First Post First Anniversary
    Forumite
    They'll have traced the last known address via a credit record search and found that address - they will start with the latest address they can find and work from there.

    Enforcement agents don't specifically have to be invited in to a property - what they have to have is 'peaceful entry'. This can be the result of being invited in but they can also enter via unlocked doors without permission and still have 'peaceful entry'.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Herbie21
    Herbie21 Posts: 562 Forumite
    edited 17 September 2017 at 4:15PM
    Hello Everyone

    So i have recieved the above mentioned document from Marston. Detals of the judgment say ' a warrant of control has been issued by her majestys court & Tribunals service - distress warrant 15/07/2009.

    The warrant has my brothers name but my address. I have no clue how this could have come about as he has never ever lived here. he claimed jsa from my address for about 3 monthts years ago as his care of address.

    He has never ever lived here, never had post here (apart from the odd jsa letter when he was claiming) i havent had contact with him for the past 3years

    the thing is last time i heard about him he was siging on somewhere so why would they not do a trace for him this way?

    I read on marston webiste they will still come if he have the same surname.

    It's difficult to know what the debt relates to but I am a little concerned that it may be in relation to a Magistrate Court fine and your brothers contract details have been traced after he used your address for his JSA claim. If it is a court fine, then it is a relatively simple matter of applying to the court for a Section 14 Statutory Declaration. The following link from my website explains the procedure in more detail:

    http://bailiffadviceonline.co.uk/index/magistrate-court-fine/about-statutory-declarations

    Given that the debt is in your brother's name, you may hit a stumbling block (Data Protection wise) with obtaining details from Marston Holdings. If you do obtain details, please do post back.

    PS: You say that you have not had any contact with your brother for three years but that he used your address about 3 month ago for making an application for JSA. How did you know that he had done this (used your address?)

    Lastly, please remember that the debtor is the person in whose name the debt is in. The address is merely where the warrant may be enforced. It is your bother.....and not you....who is responsible for paying this debt and the enforcement agent may only take goods belonging to HIM...not you.
  • Herbie21 wrote: »

    PS: You say that you have not had any contact with your brother for three years but that he used by address about 3 month ago for making an application for JSA. How did you know that he done this (used your address?)

    Lastly, please remember that the debtor is the person in whose name the debt is in. The address is merely where the warrant may be enforced. it is your bother.....and not you....who is responsible for paying this debt and the enforcement agent may only take goods belonging to HIM...not you.

    Thank you Herbie21 - I will look at the website you have given. My brother claim jsa a few years ago not months ago - sorry for any confusion.

    I have recieved an email acknowledgemnt from them, they will put a bailiff call on hold until a case officer is assigned to dealing with my email. I hope this will be the end of it once they see my council tax & right to vote documents. Thank you again.
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