Enforcement of fine against someone using my address

[frightened]

Since the beginning of the year I have received a few letters addressed to a person I have never heard of and who has never lived at my address. Until last week none had return addresses on the outside so I just marked them Not Known and put them back in the post. On 16 May one arrived from the local magistrates court. I rang the court and told them they had the wrong address. The person there said it was a fine for fare dodging and gave me a number at the transport company. There my name and address were taken and a password attached to my address so if she tries using it again she will be caught. On 22 May I received another letter addressed to her with a PO Box return address. I googled it and found it was Northumbria Enforcement. I rang Northumbria Police who couldn't help but told me to open it and see if there was a phone number. It turned out to be Marstons bailliff company chasing a fine of £210. I rang them and was told to mark the envelope Not Known and post it back. I am sure that is what most of the recipients of these letters do, even if they are liable for the fines, so I do not expect it to have much effect. I am terrified that bailiffs will come round and not believe that she does not live at my address. I live alone and my neighbours are too far away to hear if I shout.
Is there anything I should do to stop this? I am really scared and will not answer the door until this is sorted. I will be on holiday in two weeks and do not want to come home to find my house has been entered and stuff taken. Please help I am so scared.

[bizzybob]

Re: Enforcement of fine against someone using my address

The warrant will be in the name of the debtor, so if the Marstons EA shows up show them the council tax bill and your ID then say you are going to send them to the court and close the door, they have no right to enter your premises and take your goods for another persons debt. If they were to force entry and clear the house whilst you are away, they would be in a bit of a pickle as you have already contacted Marstons and the court who told you to return the letter. They would be liable for all your losses actual and consequential.

You should ensure the court have sight of your evidence as only they can call the dogs off. marstons will continue until the court pull them off

[ncf355]

Re: Enforcement of fine against someone using my address

I'd say you also need to insist the police investigate - this is fraud

[enquirer]

Re: Enforcement of fine against someone using my address

This must be dealt with before it spirals out of control.

Complete an SD (Statutory Declaration) at a solicitors. This is a simple statement to the the effect that X is not resident there, never has been, and has no goods at your address. Send copies to the transport company, the Court and Marstons. Send by Recorded Delivery.

Do not communicate with these people by email or telephone - keep everything in writing.

Do not mark any such mail 'return to sender'. Open it.

If, once they have received the SD, Marstons continue to send letters addressed to X, they will be in breach of the Data Protection Act 1998. You can then write to them accordingly.

[Sir Vere Brayne d'Emmidge]

Re: Enforcement of fine against someone using my address

Hello Frightened, all the above advice is nice and solid.

Unfortunately you are not the only one who has suffered from people giving the a false address, and from my experience probably the name was false as well, since the person who dodged those fares must have known the by heart the post code of your street, it is likely that it is a neighbour of yours.

And yes you are correct in saying that a lot of debtors will return letters saying unknown at this address, hence a field visit is 99% likely, so be prepared to show driving licence/passport and the Council Tax bill if an Enforcement Agent turns up....if they get stroppy close the door and dial 999.

[frightened]

Re: Enforcement of fine against someone using my address

The legal helpline that comes with my house insurance dictated a letter that sounds similar to the Statutory Declaration mentioned by enquirer. I am taking my identity documents to the court today. Thanks to everyone for the information. If there are any further developments I will post here.

[frightened]

Re: Enforcement of fine against someone using my address

I went to the Magistrates Court this morning and was told that the Fines Office has received the mail I returned. They are 'doing searches' on the person who gave my address. No-one was interested in seeing my ID so I suppose that means that they believe me. I was also told that the bailiffs are unlikely to visit my house but the Court cannot call them off!! I am a little reassured but still worried about what will happen while I am away.

[bluebottle]

Re: Enforcement of fine against someone using my address

I went to the Magistrates Court this morning and was told that the Fines Office has received the mail I returned. They are 'doing searches' on the person who gave my address. No-one was interested in seeing my ID so I suppose that means that they believe me. I was also told that the bailiffs are unlikely to visit my house but the Court cannot call them off!! I am a little reassured but still worried about what will happen while I am away.

I have never heard such nonsense! If the warrant has been issued incorrectly or there is doubt as to whether it should have been issued in the first place, the court has the power to suspend all enforcement action and to recall the warrant. It sounds like they have misinterpreted the ruling in the case of R -v- Hereford Magistrates Court ex parte Macrae (aka The Macrae Case) which applies where a warrant has been issued correctly.

[enquirer]

Re: Enforcement of fine against someone using my address

I went to the Magistrates Court this morning and was told that the Fines Office has received the mail I returned. They are 'doing searches' on the person who gave my address. No-one was interested in seeing my ID so I suppose that means that they believe me.

Now write a letter to the Court referring to your visit and confirming the content of your conversation.

I was also told that the bailiffs are unlikely to visit my house but the Court cannot call them off.

As Bluebottle notes, this is nonsense.

[frightened]

Re: Enforcement of fine against someone using my address

Now write a letter to the Court referring to your visit and confirming the content of your conversation.


As Bluebottle notes, this is nonsense.

I have done as you suggest.

[frightened]

Re: Enforcement of fine against someone using my address

Today I received a letter from an Enforcement Officer at the court apologising for the inconvenience and anxiety they had caused and informing me that my address has been removed from their system. I can go away now without worrying about what I will find on my return.

Thanks to all who replied to this thread. It was good to know that someone was on my side.

[Wombats]

Re: Enforcement of fine against someone using my address

An excellent result - well done!

[bluebottle]

Re: Enforcement of fine against someone using my address

Glad to hear things have been sorted out and you can, at last, get on with your life again.