Marston Group chasing me for a debt that isn't mine.

Flyboy152

Sponge wrote: »

Today I received a plain, brown envelope, 2nd class, that turned out to be a letter, dated 17th January, from the Marston Group.

They are "...in possession of a Magistrates' Court Order...demanding immediate payment in FULL...or we will attend to levy distress..." regarding an unpaid Fixed Penalty fine from 13th August 2010.

The thing is, it's not our fine. It's addressed to a woman that does not live here. We do not know her.

We have received several letters over the last few months addressed to this person and have contacted the relevant party on each occasion to inform them that she does not live here. Each time they have told us not to worry and that they will amend their records. This includes the benefit agency and the courts. We have done all we can to prevent this getting out of hand, but it seems the system is too strong. :mad:

We have even been to the local Police station and reported the matter. They have been very helpful and considerate, but have said that it's not actually their area as this is a civil matter.

So, obviously the matter hasn't been resolved as this woman has not paid her fine and now we face bailiffs at our door.

My wife contacted the Police this morning and a very helpful Constable suggested we write, or better still email (as it's quicker - we only have 7 days), providing a copy of something that proves who we are, e.g. a council tax bill.

Should we do this? Will it sort it once and for all, or should we avoid communicating with Marston in any way?

This is from Marston's website:

Please also send a copy of the letter you received from Marston Group.
Whilst you are not required by law to provide this information, it may prevent further correspondence being sent to your address.
If you have a forwarding address or telephone number for the person the letter is addressed to, your assistance in providing us with this information will reduce the chances of other creditors writing to your address.

Source

There is a reference number for HMCS Liverpool. Would I be better calling them?

This is something you need to consider when responding. If these bailiffs are not as honourable as one would hope, once they have your full details etc. it may be even more difficult to get rid of them. In my opinion, your best bet is to continue correspondence with HMCS.

Flyboy152

Sponge wrote: »

We received this woman's P45 in the post this morning.

My wife called this Police again (local station) and spoke to who I think was a civilian telephone operator. She was very pleasant, but not very helpful. She said she doesn't think any laws have been broken, but we're more than welcome to call back later when the PC we spoke to yesterday comes in for duty.

We could do without this. We have 2 young children and my wife is pregnant. The last thing we need is all the stress of trying to sort this out (before something effects our records, for example) and being harrassed by bailiffs.

Trust the police to be able to give accurate opinions on the law. :wall:

Flyboy152

Sponge wrote: »

We received this woman's P45 in the post this morning.

My wife called this Police again (local station) and spoke to who I think was a civilian telephone operator. She was very pleasant, but not very helpful. She said she doesn't think any laws have been broken, but we're more than welcome to call back later when the PC we spoke to yesterday comes in for duty.

We could do without this. We have 2 young children and my wife is pregnant. The last thing we need is all the stress of trying to sort this out (before something effects our records, for example) and being harrassed by bailiffs.

Have you called the employer on the P45?

Sponge

I haven't. Not sure I want to go down that road.

RAS

Well if it is a P45, she is not working there any longer, so no real damage you can do.

Sponge

I asked my wife for the paperwork and she's resealed it and 'returned to sender'. So I can't get the details any more.

vivatifosi

I don't know if its worth a shot Sponge, but when we started getting correspondence relating to previous residents here, we wrote to all three credit agencies stating that we were the only occupants of the house and providing details of the current home address of the people in question. We also stated firmly but fairly that we would refer any future credit enquiries to them as they had been given this information and would refer to the Information Commissioner's Office if we continued to receive requests where there was an indication they were not acting correctly. Not surprisingly all three responded (often trying to sell us their services) and we received no further problem letters. We do get the occasional postal item, but I think that they relate more to companies not updating their mailing files. All three agencies also suggested contacting council re Electoral roll (as suggested earlier) and also CIFAS (ditto) if any further problems happened.

bargainbetty

There is a template letter on here somewhere about telephone communications and the Harassment Act, and a further one about visits and revoking the right of attendance. Do a search to find them, and adapt it for Marstons. Send it 'signed for' and print your signature rather than sign, saying that the person they are seeking is not and has not been resident at your property since the date you moved in (include date, but you do not need to provide evidence at this stage). Tell them that their implied permission to attend your property has been revoked, and their attempt to attend your property, particularly if they attempt to gain access will be met with police attendance and prosecution for trespassing.

Keep a copy, and have it near the door.

Then, given this kid has received a P45 and a JSA notivce in the same short period, she appears to have been claiming illegally. I would hand a copy of both in at the revelant job centre, and let them invite her for an interview.

Regards,
BB

Sponge

Thank you all for the advice so far.

The saga continues...

Postie has just delivered another letter for this person. It's from the council. As this woman's JSA has been stopped they are stopping her Housing Benefit & Council Tax Benefit. The letter aks her to provide information to allow them to continue the benefit. I guess they won't get it any time soon.

We told the council last year, October time, that she didn't live here and they said they'd sort it. :mad:

I've enclosed a letter and will 'return to sender'.

Surely this woman must be wondering why all her money has stopped? I would and I'd be making a few phone calls. Then again, I think she's still trying to avoid the bailiffs/courts for the fine she didn't pay and the situation has got out of control. Not that I have any sympathy, mind.


:wall:

Sponge

The Benefit Fraud Office have just returned our call and taken all the details. He's going to pass the information onto his superiors and 'investigate'. Hopefully this is the beginning of the end.