Final warning without any previous notices to a person who deosn't live at my address

[TheInnocent]

Bit of background

I've lived at my home for 54 years bar a few years working away down south early 90's. The house was transferred to myself, two sisters and my nephew after my mothers recent death.

Around six months ago I started receiving letters to a Jordan Lynch. The address was correct but the said person hasn't ever lived there. The letters were returned with return to sender does not live at this address unopened. The letters stopped coming about 4 to 6 weeks ago. Nothing on the letters envelope indicated something that I had to take notice off.

On the 3rd I arrived home after work and found a final notice saying despite previous visits and notices which there hasn't been any for the said Jordan Lynch (Badly written) so the name maybe is Jodan Lynch. The Bailiff was to call at 7 pm to demand £423 pounds. That was less than 2 hrs away.

First mistake was calling the number on the form. The person I spoke to was evasive so the argument quickly got heated not helped by him saying I would have to go to court Notts CC and then hanging up.

I then called South Yorkshire Police who said since you've spoken to him he's unlikely to turn up and if he did call 999 and they would turn up. I rang the Bailiff back and told him if he did attend the police would arrive and arrest him. He replied that they couldn't do anything and he could enter my premises at any time he wanted.

Needless to say he didn't arrive.

I spoke to Marston holdings and they said it wasn't a case they were handling gave me another number to ring and the gentleman said he can't talk to 3rd parties about cases so catch 22.

I then tried Collectica and is was a case they were working on. They spoke to Bailiff who said he'll come and I would have to show a bill. Again no show.

I tried to find any court rulings against the said person or my address and found zero which is odd.

The Notts County Bailiffs said there wasn't a lot they could do indeed without a case number and if you believe the issue is fraudulent to call action fraud.

Since there is a clear fraud going on somewhere so I registered a case with Action fraud and relayed the case number to Collectica and provided a Utility bill. How a bill proves that someone isn't living at an address I don't know.

I suspect that this isn't over I wouldn't be surprised if the Bailiff turned up again adding more to the amount.

I presuming my car is safe as that's is registered to myself otherwise I'll have to park it at my friends house which would be a pain.

The lack of information is also frustrating as it would make things easier to look into.

[Syd Snitkin]

File it in the bin. If the bailiff turns up (which is now unlikely), show him a council tax bill and tell him to jog on. They can only visit between 6am to 9pm.

The amount they're after appears to be a PCN, so ensure that no-one has registered a vehicle at your address. Although you would've expected a logbook to be posted, better to be safe than sorry.

[TheInnocent]

Any log book would have been returned as all post went straight back in the post with return to sender does not live at this address.

I may have to get someone to run a background check on my address as that my reveal something.

[zeke]

You don't need to run aby background checks.

If the person whom the bailiff is looking for does not live there, then you only need to give notice, and they will (should) leave you alone.

If a bailiff continues to harass or pester you about money not owed by you then you can apply for an injunction. Here is the procedure: http://www.nationalbailiffadvice.uk/Bai ... -Debt.html

[TheInnocent]

Thanks for the link. The background check would more for curiosity sake to see if I can find any more information as to what it is about.

[zeke]

I don't think it will tell you much because nearly all debts collected by bailiffs are not the kind that shows on a credit score.

Marston Holdings and Collectca deal in Magistrate's court fines and someone has given a false address to evade a fine.

We here all know a certain individual guilty of giving a false address to evade paying their court fines.

[TheInnocent]

Got a poor apology from Marston who are no longer looking for the person at my address.

I liked this bit in the letter.

Warrants issued under Tribunals, Courts and Enforcement Act 2007 gives the enforcement agent the power to attend and enter a property if the person named on the warrant is believed to live there.

The thing is there's no court records of any action or variations of the named person on record.

It's total rubbish although happy to be corrected if I'm wrong.

[TheInnocent]

Oh they also admitted they didn't do any checking of any note before passing the information onto the Bailiff.

[TheInnocent]

Notts county court have confirmed that there has been no action against the named person at my address and my address doesn't come up on their records either.

So I've asked them to to ask Marstons why they are being used as the client on the final notice.

[zeke]

You might have to get your MP to make the inquiry because he has the power to enter HMCTS property and search records.

[TheInnocent]

I've asked my MP to do that whether they will or not is another matter.

Meanwhile in her inquiries she got this back for Notts County court.

This process does not however mean that certificated bailiffs are employed by the County Court or by HMCTS, they are not. Instead they are employed directly by a private debt recovery company. Marston Holdings Limited for whom Mr Kellett appears to work for a subsidiary of, have contracts with HMCTS for the collection of fines imposed by the Magistrates Courts but not for the collections of civil debts (County Court). They also have contracts with HMRC for the collection of unpaid tax, VAT and National Insurance and the Child Support Agency for the collection of child maintenance. Any of which Mr Kellett may be acting for in the pursuit of Jordan Lynch at xxxxx address. It is also worth noting that these Agencies do not require a court order to enable enforcement by a certificated bailiff. Why Mr xxxxxx address has been linked with Mr Lynch I cannot answer. All I can tell Mr xxxxxx is that there are no records of any case involving a named defendant, Jordan Lynch at Nottingham County Court. I cannot comment about the other Agencies mentioned above as I do not have access to their records.

Now I thought they needed a court order to enter the premises am I wrong or is the person from Notts county court inaccurate?

[zeke]

For unpaid child maintenance enforcement, the court order is called a "liability order".

I don't know why a court official would need to tell you that an enforcement power is not needed when the law provides for the application for one.

With HMRC tax enforcement, the bailiff must have an authority to enter premises because paragraph 26 of Schedule 12 of the Tribunals Courts and enforcement Act 2007 says the bailiff must show it on demand by the debtor or anybody who appears to be in authority of the premises attended.

If you can show the bailiff is not acting lawfully then you can make an affidavit proving the debtor is not living at the address.

[TheInnocent]

Well My sister is talking to Notts County Council too see if they have used Marstons to collect debt from my address so far blank but she's waiting for a few more to reply.
One thing I didn't mention is that a QC is very interested in this case. Possible because he has had complaints in the past and has gone close to the wind on a few occasions.
What I do know is that nothing has gone via Notts County Court, Marstons are unwilling to provide a copy of the writ and the enforcement letter although they are backing tracking from a tough shit apology to err well we need written permission from the client.
However my real target is the Bailiff hopefully I can nail him.

[zeke]

If a bailiff is pestering you without an enforcement power then you get an injunction and follow it with a claim for damages. You don't need a QC.