proof person resides address

[tezsalford]

A simple Question Iv received letters stating a distress warrant issued against named person with my address on this, This person has never resided at my address they say it is up to me to prove they don't not them to prove does live here. Surely its on the person who applies for court order to provide proof this person resides here before sending bailiffs

[ploddertom]

Re: proof person resides address

Chances are someone has given a false address. Have you contacted the Court?

[bizzybob]

Re: proof person resides address

Who are the letters from?

[ODC]

Re: proof person resides address

How can you prove someone does not live at an address. That is plain stupid. There are over 58 million people living in the uk. How TF do they expect you to prove that 57,999,999 of them do not live in your house. The warrant will be against the person not the property. They will have to prove the person lives there not the other way about. Let them get their own facts right.

[tezsalford]

Re: proof person resides address

How can you prove someone does not live at an address. That is plain stupid. There are over 58 million people living in the uk. How TF do they expect you to prove that 57,999,999 of them do not live in your house. The warrant will be against the person not the property. They will have to prove the person lives there not the other way about. Let them get their own facts right.

Whets Happening is I get letters of bailiff company I contacted them they were abrupt to rude demand I prove this person not live here. The order is this person did not pay tram fare so contacted Manchester council tram fines section they disowned it says its in courts hands They insist unless I send them personnel docs ie Council Tax bill Bailiffs will attend my property. Iv exchanged Emails with and they keep insisting its up to me to prove this person not live here I still maintain its up to them to prove such.

[ODC]

Re: proof person resides address

Baliffs are Liars. They want you to do their work for them. IMHO Its up to them to prove the person lives there.

[CleverClogs]

Re: proof person resides address

Whet's happening is I get letters off bailiff company; I contacted them [and] they were abrupt to rude, demanding I prove this person [does] not live here.

Which firm of bästärd bailiffs is involved?

The order is this person did not pay tram fare, so contacted Manchester council tram fines section they disowned it says it's in courts hands

Wrong!

They insist unless I send them personnel docs ie Council Tax bill Bailiffs will attend my property.

Even if they did, there is precisely bugger all they could lawfully do other than to depart.

I've exchanged Emails with and they keep insisting it's up to me to prove this person not live here

capita eorum sunt plenis stercorum

I still maintain it is up to them to prove such.

You are quite correct.

The best way forward would be to contact your local councillors and MP, whose details you can find at https://www.writetothem.com

Or you could comply with their arrogant demand which, frankly, would actually prove precisely nothing.

[CleverClogs]

Re: proof person resides address

There are over 58 million people living in the uk. How TF do they expect you to prove that 57,999,999 of them do not live in your house?

The volume of the space inside the house might be one clue. :grin:

[enquirer]

Re: proof person resides address

tezsalford:

You do not have to prove anything to either the Council, or the bailiff company. That said, unless you do something about it, the situation will become progressively more unpleasant. It is very likely that the heavy mob will turn up on your doorstep.

Write to the council (never telephone or email. Send Recorded Delivery), putting them On Notice that X has never resided there, and that they therefore have the wrong address. Point out to them that they are vicariously liable for the actions of their agents.

If you want to use the nuclear option, complete a Statutory Declaration (SD), in which you state that X has never resided at your address. Any solicitors or Commissioners for Oaths can do this (it usually costs about £10). Send this to the Council with a covering letter as above.

[tezsalford]

Re: proof person resides address

the company concerned are COLLECTICA

[tezsalford]

Re: proof person resides address

Thanks Guys My approach will be to write to them both the tram company and collectica also to my MP and Councillor I'm also billing them for my cost time and distress Will Update you all thanks

[enquirer]

Re: proof person resides address

... also billing them for my cost time and distress Will Update you all thanks

If they persist after being served with an SD, you would be in with a chance if you were to sue them.

[CleverClogs]

Re: proof person resides address

the company concerned are COLLECTICA

Whom I believe to be a bunch of bumbling, bullying oafs who could hardly care less about the law, as long as they can get someone to pay the monies demanded.

They are a Serco company - the same group that charged the government for allegedly tagging dead prisoners.

[bizzybob]

Re: proof person resides address

Whom I believe to be a bunch of bumbling, bullying oafs who could hardly care less about the law, as long as they can get someone to pay the monies demanded.

They are a Serco company - the same group that charged the government for allegedly tagging dead prisoners.

Who will say that the fine is criminal and will avow a right to force entry under DCVA 2004 to force entry to search for the debtor, if they send a letter stating this or fetch up at the door with a locksmith and police, after a Stat Dec has winged it's way to the train co, and Collectica, they are buggered,

[bluebottle]

Re: proof person resides address

Has this distress warrant been issued by a magistrates court? If it has, then the OP needs to contact the Court asap and arrange to swear a Statutory Declaration to the effect the person named on the warrant does not reside at the address on the warrant. Collectica are disingenuous buggers and aren't exactly known for their strict compliance with the law. They have also p*ssed-off HMCTS in the past with their stretching of the realities.