Marston Group - years of hassle for debt belonging to previous home owner !

[clarelou]

Anyone got any advice on how best to get Marston Group to finally change details on a debt ?
We bought our current house in 2008 and just before we moved it appears the previous occupant failed to pay a parking fine. As his car was registered at this address at the time we have now had years of grief with the debt agency chasing payment.

I have had bailiffs at the door, numerous letters, phone calls and to top it all off, another visit from a company representative at 7.30am this morning - woke me up and my little boy who is poorly - not a great start to the day.

The rep was really nice and said that Marstons regularly ignore notes on the files about change of occupancy - i am now at the end of my tether. I have sent scanned records showing utility bills in my name, i have sent them the new address of the debtor, i have spent ages on the phone with customer services and resent many emails - which they have responded to assuring me that the matter has been resolved !!

This is now in my mind bordering on harrassment - i have a good mind to send them an invoice for my time and the stress they are causing me !

Any suggestions on how to get this issue resolved would be most appreciated

Thanks
Clare

[ploddertom]

Re: Marston Group - years of hassle for debt belonging to previous home owner !

You've cropped up in the wrong place, if you click the little black triangle & then ask to be moved to the Bailiff Forum.

From what you say you have provided all that you can do & they appear to be ignoring it. I would write one last time advising them if they continue to call you will have no hesitation in making a Complaint about Harrasment by them. By all means send them an Invoice. Incidentally have they told you which Council the ticket belongs to as they are ultimately responsible for the actions of their contractor. On top of everything else the Warrant they have only has a finite life and I would suspect it has long passed its sell by date.

[bluebottle]

Re: Marston Group - years of hassle for debt belonging to previous home owner !

Hi Clare and welcome to Legal Beagles.

Yes, you are correct in thinking Marston Group's conduct amounts to harassment. To be precise, it is harassment under Section 2, Protection from Harassment Act 1997. You have done everything possible to show Marston Group that you are now the occupants of the address and have been since 2008. The admission by the person who called that Marston Group regularly ignore changes of occupancy is disturbing. If a debtor has moved, a bailiff is required to inform the creditor of this, surrender the warrant and have a fresh warrant issued with the new address details on the warrant.

It is also a breach of OFT Debt Collection Guidelines to continue to harass or otherwise pester a person who is not the debtor. Marston Group hold an OFT Debt Collection Licence and are obliged to comply with the Guidelines.

In the first instance, I would write to John Marston, Chairman of Marston Group, and ask that he ensures that you are not subjected to harassment by his employees any further. List the dates of visits and of any intimidation, threats or demands you were subjected to by Marston Group employees. It needs to be made clear to John Marston that Marston Group are under a duty to inform their clients that the previous occupant of your home is no longer resident at your address. You should end the letter with the words -

"I therefore expect your company to desist from any further visits, letters, or other forms of contact of any description to or at my home address. Should this be ignored, then I reserve the right to have Marston Group, its employees, servants and agents, legally-restrained from making any further contact with myself or members of my family. This may be enforced by means of a court injunction and an order for damages and costs sought against Marston Group. You attention in particular is drawn to the High Court ruling in the case of Ferguson -v- British Gas Trading [2009]."

The case law I have quoted means that a body corporate (a company) can be held to account legally for harassing individuals.

Should you need any further assistance, please come back onto this thread.

[labman]

Re: Marston Group - years of hassle for debt belonging to previous home owner !

I, too, would give them one final chance. If they then continue to ignore, then complain. TBH going straight to John Marston at the moment will, IMO, achieve little. Quoting case law at him is likely to have him raising his eyebrows behind his desk (if indeed it ever got to him) thinking, 'Here's another one!'

I think in this sort of instance, one should start giving them a way out, and slowly, but surely turn the screw on them if they fail to act.

[bluebottle]

Re: Marston Group - years of hassle for debt belonging to previous home owner !

I, too, would give them one final chance. If they then continue to ignore, then complain. TBH going straight to John Marston at the moment will, IMO, achieve little. Quoting case law at him is likely to have him raising his eyebrows behind his desk (if indeed it ever got to him) thinking, 'Here's another one!'

I think in this sort of instance, one should start giving them a way out, and slowly, but surely turn the screw on them if they fail to act.

I agree with your suggestion of giving Marston Group one final chance, Labman. However, if John Marston wants to take a couldn't-care-less attitude or ignore the matter, then he will not be able to claim later he and Marston group were not told or warned as to what would happen if no action was taken to abate the company's harassment of the OP. In a case such as this, one final warning is sufficient as the OP has contacted the company on numerous occasions and, despite their claims the matter has been resolved, it is clearly evident this is not the case.

[clarelou]

Re: Marston Group - years of hassle for debt belonging to previous home owner !

Thanks all for you help, i have yet to receive a reply from my email - i have sent it twice to both the contacts@ and customercare@ address - so will follow up with snail mail also. Will let you know how i get on

Many thanks

[bluebottle]

Re: Marston Group - years of hassle for debt belonging to previous home owner !

If Marston Group don't take the matter seriously, send the final warning to them by snail mail Signed For. If you then receive any further hassle, come back onto this thread for help completing the application to court for an injunction.

[enquirer]

Re: Marston Group - years of hassle for debt belonging to previous home owner !

I've had a similar problem.

Use the Data Protection Act 1998 against them. They are knowingly maintaining an incorrect database. They are also failing to adequately secure data (they are sending confidential correspondence intended for another to what they know to be the wrong address).

I would insert this into the final warning that you send them. Them when they ignore it, make a complaint to the Information Commissioner's Office (ICO).

I've made many complaints about DCA's. When the letter from ICO arrives, they tend to focus very quickly.

[bluebottle]

Re: Marston Group - years of hassle for debt belonging to previous home owner !

I've had a similar problem.

Use the Data Protection Act 1998 against them. They are knowingly maintaining an incorrect database. They are also failing to adequately secure data (they are sending confidential correspondence intended for another to what they know to be the wrong address).

I would insert this into the final warning that you send them. Them when they ignore it, make a complaint to the Information Commissioner's Office (ICO).

I've made many complaints about DCA's. When the letter from ICO arrives, they tend to focus very quickly.

Nice one, Enquirer. The ICO has the power to fine those who breach the Data Protection Act 1998 up to £500,000. To a bailiff company, that's a sizeable dent in their profits and cashflow and a black mark against them if they tender for any local authority or other public debt contracts. Reporting them to OFT Credit Fitness Team is worth it. Although it may take a number of complaints to prompt the OFT into action, once they have the rope to hang an OFT licensee with, the OFT will go in fast and hard on them.