Dealing with Bailiffs this morning

D_M_E

One question that needs to be answered is why, if Dean has never lived at the address concerned - and the court(s) which issued the fines must have known his address(es) when the fines were issued - were the Marston's reps sent to the OP's address?

Edit - the post by Herbie21 above is relevant IF you are the debtor - and thanks to Herbie21 for the useful info - but it's not relevant to the OP's situation.

sourcrates

D_M_E wrote: »

One question that needs to be answered is why, if Dean has never lived at the address concerned - and the court(s) which issued the fines must have known his address(es) when the fines were issued - were the Marston's reps sent to the OP's address?

It may well be the son gave that address as his contact address at some point in the past, how would the connection have been made other wise ?

Whats to stop them sending bailiffs to everyone with the same surname, they must, at some point, of been given that address as a contact for him.

Stirfry

Herbie21 wrote: »

Could you respond to let us know who provided the above information to you (because it isn't true).

Marston Holdings (or any other company) do not request a warrant. The warrant is issued by HMCTS and passed to Marston's to enforce.

The enforcement company are not 'permitted' to 'go behind' a warrant. Their role is to enforce the warrant.

On the position of 'tracing' debtors, the following website from HMCTS is of interest. This site outlines the steps that HMCTS have taken regarding 'historic debts' and you will see that the emphasis is on 'new intelligence and tracing tools':




https://www.gov.uk/government/news/hm-courts-tribunals-service-advice-to-debtors-on-unpaid-historic-fines

Bailiff Advice Online

A warrant was issued to Marston's at our previous address some time after we moved, for Traffic Offences committed literally around the time we moved just over a year ago. They (apparently according to a telephone conversation with a Marston's telephone operative) then went back to the Court to get a new Warrant issued at our present address. Apparently my estranged Son who had not lived at our previous address for many years, had registered his car at that Address. Marston's paid a visit to our old address and was informed of our move.
The tele. op. stated they only had to show potential links. Hence I have now requested a subject access request for full disclosure in order to get copies of the Warrant's.

Stirfry

D_M_E wrote: »

One question that needs to be answered is why, if Dean has never lived at the address concerned - and the court(s) which issued the fines must have known his address(es) when the fines were issued - were the Marston's reps sent to the OP's address?

Edit - the post by Herbie21 above is relevant IF you are the debtor - and thanks to Herbie21 for the useful info - but it's not relevant to the OP's situation.

Yes thanks Herbie21 but I must point out I am not the Debtor.

Marktheshark

The next step, lets get past the finger wagging is .
Call a Solicitor and request an appointment urgently to make 2 documents
a Statutory declaration subject to the Statutory declarations act 1835.
This a legal document that the bailiff company must either obey and respond to or apply to a court have it struck away.
The declaration will be that the person named on the warrant does not and has not resided at the address the bailiffs have acted upon.

The next document is a written warning under the harassment act 1997 given a clear and concise warning to the company and its agents that all, action and contact must cease and desist and any pursuit of monies must also cease.
This should be issued and signed by a solicitor.

The two should cost around £35 each, they are standard solicitors documents.

Once these are served on the bailiff company they can be taken to court if they ignore them for a injunction to be served which will suspend their operating privilege licence for 28 days initially pending a hearing.
If they are found to have ignored the served documents that were factual, they wont be getting their licence back.

In a real world the police should have removed the bailiffs, but as we see too often, they usually break the law themselves and help them to steal your thing, hence a solicitor is the best option.

Send a copy of the SD and harassment warning letter to the bank as well as part of the investigation.
Final step is to issue a copy of both documents to the chief constables office at your police force asking them to request a duty inspector contacts you with regard to making a safe keeping plan which can be implemented if they attempt to break the harassment warning.

Stirfry

Thanks Mark I will get on to it tomorrow and let you know how I get on.

Herbie21

Stirfry wrote: »

A warrant was issued to Marston's at our previous address some time after we moved, for Traffic Offences committed literally around the time we moved just over a year ago.

They (apparently according to a telephone conversation with a Marston's telephone operative) then went back to the Court to get a new Warrant issued at our present address. Apparently my estranged Son who had not lived at our previous address for many years, had registered his car at that Address. Marston's paid a visit to our old address and was informed of our move.

The tele. op. stated they only had to show potential links. Hence I have now requested a subject access request for full disclosure in order to get copies of the Warrant's.

Thank you for your further reply. As I quite correctly sated, Marston's cannot request a request and all that has happened here is that they sought permission to amend the address. A very common procedure indeed.

If your son has not lived with you for over 20 years, then it is very odd indeed that he registered a vehicle at your address.

Given that the warrant is against your son, I would not hold out a lot of hope of your Subject Access Request being successful. If the company were to provide details of their case file, this would potentially be a breach of the Data Protection Act.

Bailiff Advice Online

Herbie21

Stirfry wrote: »

Yes thanks Herbie21 but I must point out I am not the Debtor.

I appreciate that you are not the debtor. The post was in response to your comment that the enforcement agent had not provided you with a copy of the warrant and your further comment that you had written to Marston Holdings to request a copy.

Bailiff Advice Online