Marstons and tennants debt

[GOONERLAND]

I had a tennant in my property that moved out in January 2013 a few weeks later Marstons sent letters to him re o/s court order fine
NOW IN THE REGION OF £600 . I HAVE WRITTEN TO mARSTON S 5 TIMES ADVISING THEM THAT the tennant left in January .
i sent them a copy of the new tennants 3 month agreement (expired May 2013) THIS NEW TENNANT IS ON A ROLL ON PAY AS U GO CONTACT TILL SEPTEMBER.. AS HIS WORK they now say they need a longer termed agreement to prove that the old tennant has not moved back in!
i fancy playing games with them??

[CleverClogs]

Re: Marstons and tennants debt

How?

[bizzybob]

Re: Marstons and tennants debt

You must prove the tenant is gone, playing games with Marstons could lead to them forcing entry to your premises on the mistaken belief you are the debtor or that they they can make you pay, levy your goods taking your car, selling it and even though they are then guilty the law will look less favourably on any damages claim you make if some of it was due to you baiting them.

[ostell]

Re: Marstons and tennants debt

BB, How do you prove a negative? The OP has already informed Marstons that the person they are looking for is not there.

[bizzybob]

Re: Marstons and tennants debt

BB, How do you prove a negative? The OP has already informed Marstons that the person they are looking for is not there.

Op will have to convince the court, as if it is for fines Marstons will continue to call until the court recalls the warrant from them, that is usually done by making a Statutory Declaration at the court, along with providing evidence.

[wales01man]

Re: Marstons and tennants debt

BB its not the OPs debt or the new tenant why should they pay for a SD if you had a debt and I lived in your old house would you expect me to pay to prove who I am or vica versa? Maybe Bluebottle can have some input on this regarding the law

[bizzybob]

Re: Marstons and tennants debt

Op could contact the court that issued the fine and give evidence of the tenant's exit, but sometimes they may ask for a stat dec also.

Ploddertom is your man on this also, but it is the court that must pull Marstons off otherwise they are commanded to call at that address for Mr X and remove goods and chattels to satisfy the debt. Marstons TBF have no say in the matter, so they will keep calling until pulled off by the court.

[Inca]

Re: Marstons and tennants debt

Personally I wouldn't recommend playing games with Marstons or any bailiff company,,,they can and do become the bane of peoples lives.
Just prove to the court the tenant is no longer there and nip this in the bud.

[bizzybob]

Re: Marstons and tennants debt

Exactly so Inca, OP should contact the court and satisfy them that the debtor has gone away. Can't guarantee the Jedi mind trick of whispering to the court official "I am not the debtor they are looking for" will work, but paperwork and/or a stat dec will.

[GOONERLAND]

Re: Marstons and tennants debt

cant be bothered to waste my time - so i suppose i will give them a copy of the latest tennancy agreement with new tennant and hope that will suffice.
thanks all-

[enquirer]

Re: Marstons and tennants debt

cant be bothered to waste my time - so i suppose i will give them a copy of the latest tennancy agreement with new tennant and hope that will suffice.
thanks all-

No!

Firstly, you will be breaching the Data Protection Act if you do this. Secondly, it is highly likely that the DCA will continue to hassle you and your new tenant.

Follow the advice given by Inca - go direct to the court.

[Inca]

Re: Marstons and tennants debt

As a matter of interest enquirer.....would the unpaid council tax bill not then become the responsibilty of the LandLord/house owner??

[bizzybob]

Re: Marstons and tennants debt

It has to be the court, Marstons will continue to harass you and may even clamp or take yours or the tenant's car, as only the court can call them off.

[ploddertom]

Re: Marstons and tennants debt

As a matter of interest enquirer.....would the unpaid council tax bill not then become the responsibilty of the LandLord/house owner??

My understanding was that this is a magistrates Court Fine - or have I read things wrong. If so then in reality it is not the Landlord who needs to provide proof but the person who is living there - the Tenant. If by proving things then yes the Tenancy Agreement will come into play.

[Inca]

Re: Marstons and tennants debt

Thanks for that PT,,I'm getting quite used to asking questions without feeling a dimwit