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

Sponge

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:

_1. I have received a letter from Marston Group addressed to somebody who does not live at my address, what should I do?_
If you are not the person the letter is addressed to, then please notify us immediately. A copy of a current utility bill (for example, gas/electric/water) or a current tenancy agreement in your name should be sent to us as proof of occupancy. This information can be sent by:

• post - Marston Group Ltd, PO Box 308, Waltham Cross, EN9 1ZN
• fax - 01992 703 703
• email - [EMAIL="info@marstongroup.co.uk"]info@marstongroup.co.uk[/EMAIL]

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?

Sponge

My wife's just called Liverpool Magistrates and the 'Fines department' said, "OK. Not to worry. I'll call Marston and sort it." All very cheerful and totally unconvincing. We've been here before; them saying it's sorted and it obviously isn't.

They didn't ask her for any proof that she wasn't the woman in question. For all they knew, my wife was this woman and this was just a fob-off on her part.

clang_uk

The best thing to do IMO is not to open the post, and mark it return to sender, put that this person is not known at this address, please remove from your database. It won't stop the letters coming, but it means that you don't have to fight the system proving that this woman doesn't live at your address.

Sooner or later I imagine, a 'representative' will pay you a visit. And then you can explain face to face. i had the same problem when I was renting, they take a while to get bored, and go away, but eventually they do.

Good luck with it and keep us posted.

Sponge

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.

RAS

Hi

A couple of things you need to do.

1. Check your electoral roll entry in case this person is on there.
2. Check your credit records.
3. With respect to benefits, write to the fraud unit at the relevent benefit agency and ask them to investigate.
4. Talk to CIFAS and see if you can put any sort of note up that aleerts people to the problem.

Sponge

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.

mrsb83_2

Just keep returning the post marked addressee unknown.

This shouldn't be causing you stress - if a bailiff does turn up, a simple conversation and a look at your council tax bill will explain it. There is no threat to your property. You don't need to 'sort' anything out.

Sponge

I've tried that, it doesn't work. And now I have the bailiffs paying me a visit. I liken it to burying ones head in the sand.

I know there is no threat to my property, but there is a threat to my 'identity' and it doesn't stop the whole situation from being stressful.

mrsb83_2

Sponge wrote: »

I've tried that, it doesn't work. And now I have the bailiffs paying me a visit. I liken it to burying ones head in the sand.

I know there is no threat to my property, but there is a threat to my 'identity' and it doesn't stop the whole situation from being stressful.

I wasn't trying to minimise your problem or suggesting you 'bury your head in the sand'.

It seems to me that there is little point wasting energy on this when there is no threat to you or your credit rating. I would have my tenancy agreement/title documents and council tax bill ready in case someone calls and then forget about it.

Obviously that's just my opinion.

redpete

Sponge wrote: »

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:

Why would you not contact Marstons with the info they ask for and the police suggest you send? It can only improve the chances of getting them off your back.

BTW I'm surprised that the police are interested in this as it's not a criminal issue, good for them.

Sponge wrote: »

I know there is no threat to my property, but there is a threat to my 'identity' and it doesn't stop the whole situation from being stressful.

I'm not sure why this is a threat to your identity. There is no suggestion that you are being linked with any of the debts, just someone with a different name who might have lived at your address some time in the past.

Sponge

We got another letter on Saturday. They're stopping her Job Seekers Allowance.

She's 19 years old. She hasn't lived here in the last 11 years, because we have. She hasn't lived here before that because we know from whom we bought the house.

We tracked her down on Facebook and know she lives a couple of roads away from us.

Here is a definition of Identity Theft provided by CIFAS:

Identity Theft - (also known as impersonation fraud) is the misappropriation of the identity (such as the name, date of birth, current address or previous addresses) of another person, without his or her knowledge or consent. These identity details are then used to obtain goods and services in that person's name.

I know she's not using our name, but she is using our address in her claims for benefits and in an attempt to avoid a Police issued penalty, the courts and now court appointed baillifs. I'm amazed this cannot be a criminal matter.

I have obtained a copy of my credit file and there appears to be nothing amiss. But it's my understanding that associations can be made. If this is wrong, then great.

The bailifs have not come knocking, yet.

My wife telephoned Marston group earlier today by navigating their telephone system as if she wanted to pay a bill. They confirmed that the Magistrates Court had not been in touch with them. This just highlights the problems we've been having for several months - agencies are saying one thing and doing another. We've been misinformed and deceived throughout.

The Marston representative told my wife she'll place a 14 day hold on the baillifs. I don't believe they will. In the meantime, they want us to email them a copy of our Council Tax bill. I am not happy with providing a debt collection agency with a copy of any of my documents.

Whilst you are not required by law to provide this information, it may prevent further correspondence being sent to your address.

Source.

Despite any promises of the latter, I'm still not happy doing the former.