Warrant of Control: Marstons

[Lynnzer]

My friend is a landlord with a few properties. He had to evict a tenant last week and gained entry to the property afterwards.
In the pile of mail that was left in the hallway he found a Warrant of Control addressed to himself at that specific address of his property that was rented out. Now obviously he didn't know of any prior court action, either by a summons for a magistrates court or from a County Court. It's my guess that the incident that was at the root of the case is something that would be borne by the now evicted tenant. I'm thinking that it will be a county court debt matter rather than a magistrates as it shows an outstanding debt of £434 which would be unlikely to be a magistrates fine.
The fact is though that my friend is the one who is named on the Warrant, but as it didn't have his own residential address on it, he didn't know anything about it. I also guess that as the letter is addressed to his rented property it involved some sort of incident at that property. Perhaps an unpaid bill between the tenant and some party such as an electric bill etc..
He's calling Marstons tomorrow to see if they can provide any useful information, and he's calling the court to see what the details of the original charge is about. At present he's got no idea.
I'm not certain of any correct procedure to to follow in such a case so welcome any advice.
Many thanks guys 'n gals

[echat11]

Call Marston's, email them, Tell your friend to explain that it is not his debt. Explain in no 'uncertain terms' that if they pursue this debt, your friend will lodge a complaint against the bailiff and the firm. Explain that he needs time to find out what is going on, the first he knew about the debt was when finding the letter.

https://www.citizensadvice.org.uk/de...-owe-the-debt/

[Lynnzer]

Call Marston's, email them, Tell your friend to explain that it is not his debt. Explain in no 'uncertain terms' that if they pursue this debt, your friend will lodge a complaint against the bailiff and the firm. Explain that he needs time to find out what is going on, the first he knew about the debt was when finding the letter.

https://www.citizensadvice.org.uk/de...-owe-the-debt/

Just re-read the warrant. The amount is owed to Her Majesty's Courts and Tribunal Service for an unpaid criminal fine.
I guess it's still the same action for now though What's the best way to have this case dropped by the court though? In my own experiences any case representation has to be paid for to have it looked at. But that was a civil case, not a criminal one. Do you have a link to any specific CPR to show what action to take for the case to be struck out?

[echat11]

Just re-read the warrant. The amount is owed to Her Majesty's Courts and Tribunal Service for an unpaid criminal fine.
I guess it's still the same action for now though What's the best way to have this case dropped by the court though? In my own experiences any case representation has to be paid for to have it looked at. But that was a civil case, not a criminal one. Do you have a link to any specific CPR to show what action to take for the case to be struck out?

islandgirl Can you please take a look and advise, many thanks.

[islandgirl]

If a criminal fine is not paid the court sends in baliffs to try to get the money - this may be what has happened here. Contact the mags court. If the person had no knowledge that they had been charged and convicted they can do a statutory declaration which should remove the conviction and take things back to square one. This can be done without being represented as the clerk will usually be helpful and talk you through the form. You have to swear on oath that you knew nothing about it - to lie is a serious offence. However the offence does not disappear. The person will have to explain why the court had the wrong person. It may have been a motoring offence?

[Patricialivi]

Please help! My car has being clamped by Marston yesterday qs they are looking for the previous owner. I have provided all the documents the agent asked to proof the car is legally mine ( V5/ road tax/ insurance) and yet he is not releasing the car. I went to the police they said there’s nothing they can do to help. Ive also contacted citizens advice bureau which is going to come back to me tomorrow.
please help me! I’m drained with this situation. It’s really unfair I do not own any money to anyone.

[echat11]

Please help! My car has being clamped by Marston yesterday qs they are looking for the previous owner. I have provided all the documents the agent asked to proof the car is legally mine ( V5/ road tax/ insurance) and yet he is not releasing the car. I went to the police they said there’s nothing they can do to help. Ive also contacted citizens advice bureau which is going to come back to me tomorrow.
please help me! I’m drained with this situation. It’s really unfair I do not own any money to anyone.

Has a complaint been made against Marstons?

Scroll down to 'I am unhappy', follow the complaints procedure.

[Patricialivi]

Yes, I have made a few complaints. Haven’t received any reply apart from the automated messages.

[echat11]

Yes, I have made a few complaints. Haven’t received any reply apart from the automated messages.

Were they made in writing? Have you received a Final Response?

[Patricialivi]

Hi, thank you for your text. I've sent several emails, not a single response.

[echat11]

Hi, thank you for your text. I've sent several emails, not a single response.

Lodge a Complaint with the Civil Enforcement Association (CIVEA).

Call them, explain the situation - https://www.civea.co.uk/complaints/

[islandgirl]

none of the evidence provided proves the car is yours. Can you show a receipt for it?