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

climbgirl

Just stop opening the letters and keep returning them marked "not known at this address". If any bailiffs turn up at your door, just show them a copy of your council tax bill / rental agreement to prove that she doesn't live there. We had a similar problem with bills / bailiffs coming for someone we'd never heard of and they left us alone once we showed them evidence that we were the only tenants.

If you're worried about any impact on your credit rating, write to all the agencies and let them know you are the only tenants at that address, nobody else. It's not impacting on your identity or credit rating, so I wouldn't worry about it.

One thing that might impact on you though - I'd be very careful about opening the mail - opening letters that are not addressed to you is illegal!

DVardysShadow

climbgirl wrote: »

...

One thing that might impact on you though - I'd be very careful about opening the mail - opening letters that are not addressed to you is illegal!

Sorry, this is mistaken and is regularly corrected. It is only illegal when you do it without good cause and with intent to cause detriment to the intended recipient. The threat of bailiff action is a good enough reason in my book.

sgh1976

Sponge wrote: »

We started off by not opening the post and returning it as you suggested, but the letters kept coming. When the Magistrates and Benefit Office letters started we thought a more pro-active response was called for. It hasn't worked.

What annoys me though, is the all the people from all the different agencies all say the same thing - 'Don't worry. I'll make a note and sort it out.' None of them have.

Right, easy way to get Marstons away from your property ( I have spoke with a person I know that works for them)

1) Call them and advise the person they want does not live there
2) They will make a note of this on their system
3) Send proof of your residency at the address

Number 3 is the important one. They are carrying out instructions passed to them by the court. They are working on behalf of a solicitor or claimant direct so they have keep going to the "warrant address" and reporting to the company/person employing them.

When they receive your proof, they will file a report with the solicitor and enclose a copy of your proof. They will then put the case on hold, so no more letters or visits will happen.

The solicitor or claimant will then advise they have either a new address for the "defendant" or to close the case.

Until they have seen proof they can do anything.

Sponge

Thanks for advice.

I can't help but think there's a 4th option - they do their job. Investigate the case. Establish if the details they have are correct. It's already been suggested that they could start with the electoral roll.

As an innocent party I should not have to prove anything.

Anyway, there's been no further correspondence since my last post, from or to anybody.

bargainbetty

sgh1976 wrote: »

Right, easy way to get Marstons away from your property ( I have spoke with a person I know that works for them)

1) Call them and advise the person they want does not live there
2) They will make a note of this on their system
3) Send proof of your residency at the address

Number 3 is the important one. They are carrying out instructions passed to them by the court. They are working on behalf of a solicitor or claimant direct so they have keep going to the "warrant address" and reporting to the company/person employing them.

Until they have seen proof they can do anything .

Sorry, this is absolute cobblers. You do not, by law, have to prove anything, and they have already confirmed that.

If they are working on behalf of the court or a client, then they are required to properly identify the defendant and location, not have members of the public do it for them.

Of course someone working there would say that you should - they want you to do their job for them. If you want to have a document to hand to prove your identity should they call, have it, but you are not required to give them a copy - take their details and reconfirm if they do show up, although revoking their permission to do so is still your best bet.

They can do nothing. In approaching your property with no proof of the person's residence, or any legal obligation on your part, they have less legal authority than the paperboy, and you've revoked that too by saying they may not approach your property.

You are right, Sponge. Let them do their jobs, and don't give anyone something you are not legally required to give. DCAs have been known to be underhanded about some things, and the less information they have about you, the better.

Good luck, I hope it all settles down very soon.

saltnvinegar

Hi Sponge

If you have informed the council numerous times, have informed Marstons, and have informed the police (so have a crime number of evidence that this is reported) then personally I would stop messing about and inform both Marstons and the Council that you intend to sue for distress (not to mention breach of Data Protection as they are sending you very personal stuff relating to another individual).

The council are in breach of their remit, Marstons are in breach of OFT guidelines and both are in breach of the Data Protection Act and the Harrassment Act.

You may be interested in reading a judgement against Lowells who were acting in a similar manner:

http://www.e-sue.co.uk/docs/lowell_judgment.pdf

It would be worth drawing Marstons attention to this and suggest you may take similar action unless they cease all further action and do their job properly and ensure they are chasing the correct debtor.

Best

SnV