My address used by an imposter

You need to monitor your credit rating (Experien etc) as these things have a nasty habit of showing on there without you knowing.

Also immerdiately notify the court and insist that they ammend the Order.  Until it's ammended blailiffs could arrive on your doorstep.

From what you say it sounds as though the person named has never lived at that address? 

If that is the case, and assuming this is not a clerical error,  then they have deliberately given a false address, and you should be concerned about what else may arrive (credit cards, loans, HP etc).  If that happens then the police should be involved.  

Can you check with the Office of Fair Trading to make sure it is genuine?  Or do a google search to see what comes up.  I would be very suspicious - particularly if they give a premium rate phone number.

The advice to simply ignore it is very bad advice indeed.

Yes it might be a scam. Certainly I would NOT advise sending any information to this company.  Check with the TV Licencing centre. If it's "genuine" then deal with it through them.  If its not genuine, once you have informed them they have a legal obligation to act.

Incidently, if its not genuine,  how about filing a report under MLR?

You say you have "looked on this companies website" ?  Care to give us their name, I'd like to check them out to see if they are genuine.

They are a legitimate company so this is not a con and should not be ignored.

It seems they are claiming to be executing a court Order.  You are therefore legally entitled to a copy of that Order.  Without a proper court Order signed by a judge anyone turning up can be refused entry and commits an arrestable offence if they refuse to leave when told to.

Presumably you were not notified of any pending proceedings, so, you have an automatic right to have it struck out on application to the court. 

I would act quickly to save having someone turn up on the doorstep.  Contact Marstons and insist on a copy of the Order. Also make it clear to them that you do not owe the money, you are not the person named nor do you know them, and that you will consider any further threats or visits as harassment.    

Also, if they are certain that the name and address are correct, inform them of your intention to immediately report this to the police, and do so.  Most forces have a team dedicated to identity theft type cases.

My experience of TV Licensing is that they just do not pay any attention to what you say.

They once decided that my mother had lost ten years in age and was no longer old enough for a free license.  Writing and telephoning did no good and eventually it needed the intervention of our MP to get them to correct their record.  Our MP indicated that he dealt with quite a lot of complaints about TV Licensing.  An MP should not have to waste his time with them.

Then when my mother moved out and we were trying to sell the house, nothing would persuade TV Licensing that the house was empty.

The Church does not have a TV but again had many letters before they stopped writing.

There was even a series of letters adressed to "Empty plot next to Church ..."

Did you just get fed up with the mail from TV Licensing and ignore it?

Charles

Firstly, TV Licencing issues are dealt with in the Magistrates Court, not the High Court, and as TV Licences are tied to a particular address, it is difficult to see why applying for one at a fake address would be beneficial to anyone.

I would contact TV Licencing at the contact details given in http://www.tvlicensing.co.uk/ and ask them to explain themselves.  If you have a TV Licence for your address, or don't have a TV, then proceed accordingly.

Have you actually received paperwork from the High Court - or is it just a threat! 

When I worked in industry, I used to complete court paperwork using the internet facility, print it out and send it to the "Debtor".  It worked wonders.  The trouble was it was not real! To make it a legal court action, I should send it to the court with a fee. The court would stamp it and sent it to the "Debtor" and then it was up to the Debtor to dispute it or not - but it had to be done via the courts.

Have you contacted the High Court? 

ALso I just did a google search on "marston group complaints".  There are lots of people talking about thier methods on various forums. There is a lot to read - they don't seem to be a very nice or helpful company

I think they can be used to collect judgement debts. It is probable that the proceedings were transferred to the County Court from the Magistrates Court, then the writ was 'transferred up' to High Court. WD is the man on this stuff!

I presume this is Marston & Co - have you contacted them?

Accountants Solihull | The Hughes Partnership

A quick search on the internet shows that there are many cases where Marston Group have been involved in debt collection. There seem to be cases where Marston Group ignore any communications with them and send the bailiffs in. Yes, communicate with them as a matter of procedure and ensure you keep a record of all communications. But you may need to take legal advice fast if you can't get it sorted out fast.

It happened to one of my friends. I occupied a flat in Manchester belonging to one of my friends for a short time. After I left abroad he got a letter from a company called Lowell Financial adressed to me saying that I had to pay £200 or else they will take legal action. Thereafter there were few reminders addressed to me and he threw those away as I was not contactable at that time.

When he tried to sell his property his solicitor informed him that there is a covenant filed against selling the property by Lovell Financial and he has to pay £200 and legal fees to get it removed. Solicitor wrote to office of Fair trading but they were informed that Fair Trading does not look in to invidual complaints. He had to pay this £200 and legal fee of £50 get the covenant removed. When I came back to the country I was stopped at customs and informed that Lowell Financial has requested stopping me entering to the country with out informing them. But As I am a British citizen they can not stop me entring to my country. PLease beware that there is a financial mafia operating and innocent victims are there play toys.

The Order would not be issued by the High Court - it doesnt deal with small claims - however this firm may use that wording on the basis that they sometimes collect on behalf of the High Court.  After all, it sounds more frightening.

Debt collection companies are all the same - they are the lowest form of business there is and the kind of people who seem to work for them tend to be utterly unreasonable. 

As I said earlier - forget trying to deal with them or with TV Liccencing. Your FIRST move MUST be to contact the court and get any Order struck out. If you were not properly notified of a hearing then striking any subsequent Order out is a routine matter.

These Orders are dealt with in bulk, thousands being "rubber stamped" at a time.  You almost certainly were not notified in advance, and the court MUST strike it out on demand (or breach Article 6 HRA).

THEN, tackle TV licencing. 

If, after the Order is struck out, these clowns turn up simply call the police, show them that the Court has struck out their claim, and insist that they are chareged with harassment under s40 Administration od Justice Act.

Generally I think that there's a good case for regulating the debt industry a lot more tightly than is done at present. Anyone agree?

Posted by Anonymous on Wed, 31/03/2010 - 14:28

This is one of my pet hates.  So called debt colectors are, in my opinion, vermin.  Their methods are disreputable and cause immense distress to their victims.

We have acted on several occasions for clients put through misery by these firms.

My advice, dont mess about, dont bother answering them - they never losten.  Put THEM in court immediately, force them to PROVE their claims. 99% of the time they cant.

They must prove the money is owed. They must prove that the debt has legally been assigned to them, and they must prove it has not been paid.  Their favourite tactic is to demand that the alleged debtor prove they do not owe the money - tell them to take a hike.  The burden of proof is on them.