Bailiff's letter addressed to non-resident - what to do?

Nice_One,_Centurion

Hi everyone

I've received a letter from a bailiff company (Marston) for somebody who committed a motoring offence but is no longer resident at my address. I'm looking for advice on the correct way to proceed in order to resolve the matter as soon as possible.

In particular, if anyone can answer the following I'd be grateful:

1. Marston's website states that I should send them a utility bill as proof of occupancy. I'm extremely wary of identifying myself to them as I don't want to become connected to the debt in any way. Is there a correct formal procedure for notifying a creditor in circumstances such as this?

2. I am of course concerned about a bailiff attending my property. Luckily my home is secure and it is no problem to keep windows and doors locked. However, could a bailiff take my car even though it is not associated in any way with the debtor? I have a horrible feeling they will have a 'take first, ask questions later' policy.

3. Finally, my least important question. Can bailiffs force entry to outbuildings - in this case, a wooden shed? It would be nice to know. I don't have much of value in there but I could at least bring the lawnmower inside for safe keeping!

Many thanks in advance for any response.

FireWyrm

Normally, you wouldnt have any obligation to comply with their demands, and you still dont, however, this is a case of a criminal fine rather than a commercial one. In the case of general debt collectors, even though collecting so called imitation PCNs, they would have no right on your property. However, since motorists are generally considered guilty until proven innocent, I might be inclined to send them a suitably redacted utility bill along with a cease and desist letter. That should take care of the issue and might head off any future problems before they get out of hand.

hallowitch

I personally don't see a problem with providing with a copy of a utility bill because the warrant cant be changed to your name under any circumstances

If its a magistrate court fine then they do have the power to force entry to remove goods having said that the bailiff would have to be dam sure the debtor still lived there and had goods to enough to cover the debt and fees

bailiff have only forced entry about 10 times in the last few yrs


however there is nothing stopping you from going to a solicitor and getting a statutory declaration done it costs £5 send a copy to marstons by recorded delivery letter


The solicitor i used faxed a copy over to swift bailiff when i done a stat dec for a neighbor

C_Mababejive

Do nothing,just bin it.

Nice_One,_Centurion

Thank you for the responses so far. to be honest, the utility bill doesn't make mush sense to me - it doesn't name all residents so I don't know what it proves.

C-mabebejive, if it was a private parking notice or something like that , I would ignore - but this is related to a fine so it is 'real'. It seems inevitable that bailiffs will turn up if I do nothing, and I'd rather nip it in the bud.

C_Mababejive

Nice_One,_Centurion wrote: »

Thank you for the responses so far. to be honest, the utility bill doesn't make mush sense to me - it doesn't name all residents so I don't know what it proves.

C-mabebejive, if it was a private parking notice or something like that , I would ignore - but this is related to a fine so it is 'real'. It seems inevitable that bailiffs will turn up if I do nothing, and I'd rather nip it in the bud.

But you are just dancing to someone elses tune.

It isnt your fine so why concern yourself with it?

There is no legal requirement for you to respond.

Bailliffs have very few rights and they tend to just keep writing letters to get you to bite.Let them turn up if they wish then let them go away..

stewil18

who is the non-resident? is it a son or daughter or ex partner? Can you not just pass on the details of who the fine should be addressed to?

shedhead55

Presumably you opened the letter? Perhaps it would have been better to appropriately mark the envelope and RTS.

I once recieved an official looking letter addressed to a non resident at my address, there was no return address on the envelope so opened it to find a court summons for a motoring offence. I just sealed it back up, wrote an explanation and return address on the envelope and posted it back. Never heard any more about it.

Nice_One,_Centurion

shedhead55 wrote: »

Presumably you opened the letter? Perhaps it would have been better to appropriately mark the envelope and RTS.

I once recieved an official looking letter addressed to a non resident at my address, there was no return address on the envelope so opened it to find a court summons for a motoring offence. I just sealed it back up, wrote an explanation and return address on the envelope and posted it back. Never heard any more about it.

Thanks shedhead, that is an option. The letter didn't have a return address but I opened it because I had a feeling it would be serious, there have been other similar letters with return addresses that I have returned.

fatbelly

Nice_One,_Centurion wrote: »

Hi everyone

I've received a letter from a bailiff company (Marston) for somebody who committed a motoring offence but is no longer resident at my address. I'm looking for advice on the correct way to proceed in order to resolve the matter as soon as possible.

In particular, if anyone can answer the following I'd be grateful:

1. Marston's website states that I should send them a utility bill as proof of occupancy. I'm extremely wary of identifying myself to them as I don't want to become connected to the debt in any way. Is there a correct formal procedure for notifying a creditor in circumstances such as this?

2. I am of course concerned about a bailiff attending my property. Luckily my home is secure and it is no problem to keep windows and doors locked. However, could a bailiff take my car even though it is not associated in any way with the debtor? I have a horrible feeling they will have a 'take first, ask questions later' policy.

3. Finally, my least important question. Can bailiffs force entry to outbuildings - in this case, a wooden shed? It would be nice to know. I don't have much of value in there but I could at least bring the lawnmower inside for safe keeping!

Many thanks in advance for any response.

1. . You won't be connected to the fine if you are not the person on the warrant.

2/3. They will visit. For criminal fines in the magistrates court they can force entry to your property, let alone your shed. Even if they do not exercise this right they can still achieve entry through an unlocked door or window or levy on goods outside the property, e.g.a car. This is hassle you don't need.

So follow FireWyrm & hallowitch's advice - if you need a stat dec doing, your CAB might be able to help at no cost. Mine has access to a local magistrate who signs them.

HTH.

C_Mababejive

shedhead55 wrote: »

Presumably you opened the letter? Perhaps it would have been better to appropriately mark the envelope and RTS.

I once recieved an official looking letter addressed to a non resident at my address, there was no return address on the envelope so opened it to find a court summons for a motoring offence. I just sealed it back up, wrote an explanation and return address on the envelope and posted it back. Never heard any more about it.

Good advice but you dont even have to go that far. If your name isnt on it,just bin it and forget about it.

Most of the time if you enter into correspondence with these people they will either

a)berate you for opening someone elses mail
b)disbelieve you and keep harassing you as youve been foolish enough to respond.

I repeat again...not your name...? Bin it.