Bailifs for a debt which is not mine

adeelh1987

Hi,

I was wondering if someone can help me. I have today received a letter from Marston High Court (at my previous address) about final warning to pay of a debt, despite not receiving anything prior to this.

Anyway I dont owe anyone any monies and am on top with my payments, so I rang them and they said they were instructed by TFL and gave me a TFL reference number and they could not help any futher. So I rang up TFL and they said it was for a congestion charge which incured on 18/02/15 and was never paid. So I asked them what vehicle this was for (as I have had a few in the past year) and it was for one which I had sold around July/August 2014. TFL said I would need to speak to Northampton County Court and tell them that I had sold the vehicle and the congestion charge was not mine and they will have to reissue a ticket and then I can dispute it.

I moved out of my old address (which is where Marston sent the debt collection letter) in December 14, so this was the first letter about any congestion charge/debt that has been passed to me.

I spoke to DVLA to get an exact date in which I sold the vehicle, they were less then helpful and said it could take 2-4 weeks. I will need to ring up Northampton County Court tomorrow to see what can be done as this is not my car and not my debt.

My question is this, when Marston turn up at my door (TFL said they will have to do a credit check and give them my new address), how do I deal with them, as I dont want to be paying for a debt which is not mine (although I understand they have paperwork in my name) and I dont want them picking up my possessions. I wont be at home but dont want them intimidating my wife and child.

Any help would be appreciated.

Adeel.

sourcrates

Do not let them in under any circumstances, keep doors and windows locked, only speak to them through a closed and locked door, if a door is unlocked, they can walk straight in, you must keep them out, otherwise they will not leave without the money.

adeelh1987

Thanks. Do they have the right to call the police or a locksmith and gain access that way?.

sourcrates

adeelh1987 wrote: »

Thanks. Do they have the right to call the police or a locksmith and gain access that way?.

No, they cannot force entry to a private house, for this kind of debt, they can to business premises, but not a private house.

Marktheshark

Did you fill in and sign the VC5 with the buyer and send it off as required.
They should have sent a letter stating you are no longer keeper.

adeelh1987

I did. I did receive the confirmation but i have misplaced it. DVLA said it will be 2-4 weeks for me to get another confirmation from them.

dancingfairy

See this factsheet from National Debtline here:
https://www.nationaldebtline.org/EW/factsheets/Pages/13%20EW%20Magistrates%27%20court%20fines/Page-04.aspx
df

National_Debtline

There are some great tips on this page about the bailiffs and sourcrates is right about the bailiffs entry rights - do not let them in and hide anything of value outside your home (such as your car). A congestion charge is treated the same as a penalty charge notice and is considered to be a civil matter not criminal (so there is no need to contact the magistrates court).


You may find this link helpful - https://tfl.gov.uk/modes/driving/congestion-charge/penalties-and-enforcement


Laura
@natdebtline

Herbie21

adeelh1987 wrote: »

Hi,

Anyway I dont owe anyone any monies and am on top with my payments, so I rang them and they said they were instructed by TFL and gave me a TFL reference number and they could not help any futher.

So I rang up TFL and they said it was for a congestion charge which incured on 18/02/15 and was never paid. So I asked them what vehicle this was for (as I have had a few in the past year) and it was for one which I had sold around July/August 2014.

TFL said I would need to speak to Northampton County Court and tell them that I had sold the vehicle and the congestion charge was not mine and they will have to reissue a ticket and then I can dispute it.

When TfL mentioned that you needed to get in touch with Northampton County Court what they meant was that you need to complete an Out of Time witness statement. There is no fee to pay. Once you submit the TE7 & TE9 by email all enforcement will stop for approx 6-8 weeks until your application has been considered.

A slight problem that you have concerns that date that you advised DVLA because your name must have still be associated with the previous vehicle in February 2015 when the contravention happened. Do you have any other documents to prove when you sold the car?

There is further information about Out of Time witness statements on the following page of my website:

http://bailiffadviceonline.co.uk/index/traffic-enforcement-centre-tec/out-of-time-witness-statements

adeelh1987

hi, i actually had to fill out a pe2 and pe3 form, statutory declaration form and out of time statutory declaration form which had to be witnessed by a solicitor. i sent this back to the court who sent this to tfl. tfl then have to see it and send it to the traffic enforcement centre for processing, tfl then took the bailiffs off as the traffic enforcement centre need time to process it.

i actually threw all my paperwork away a few weeks ago which was a bummer!. i am waiting for dvla to provide me written evidence as to when i sold the car, i think that should be all i need for my appeal.

thanks for all your help all.

PasturesNew

A bank statement would let you know when you sold the car, unless you sold it to a man with a suitcase full of £5 notes.