# Furious anger!!!



## burns (Jun 2, 2009)

FFS - what a total mess!

Got home last night to find a bailiff's note through my door! It had someone else's name on and said they were coming back after 7pm to seize goods! I live alone, and do not know anyone by that name. Rang the bailiff, and he said he'd return the warrant to the Court. He explained that it was as a result of this "person" having given my address in respect of three fines in 2009, 2010 and 2011.

Last night, got my Experian and Equifax reports and found no mention of him. Phew!

Today I rang the Court. Explained the situation and said to them that I've previously informed them (some considerable time ago) that this person does not live at the address, and provided a copy utility bill as requested. The response? "Yes, we have that on record from September 2009 so we put that fine on hold. Since then he's incurred three more". What??? :evil: So my next question was, "What have you done with the old one since putting it on hold in 2009?" Reply: We've been trying to trace him! FFS!!!! I said to her, "Well you didn't do a very good job of it - he's been in your Court three times since!" [smiley=argue.gif]

The long and short of it is this: the Court has no facility to check the address given in respect of a fine at the time it's imposed. The only time they check it is when they are commencing enforcement action! They then check with the credit reference agencies, and apparently he is shown as linked to my address, notwithstanding the fact that I bought the house in 2007 and have lived there alone ever since! So the advice was that I am to do the following:

1. Contact the police to inform them that he does not live at my address;
2. Contact Metrolink, to do the same (due to one of the fines being from them);
3. Put a note on both Experian and Equifax files to state he does not live at my address;
4. Speak to the bailiff (again) to make sure that they accept what I say, because they will probably require proof.

I've done 1 and 2, and will do the others when I get home this evening. I now have a police marker against my address (super - just what I needed! [smiley=bomb.gif] ). I spent around 30 minutes on the phone to the bailiff last night, plus the time in checking my credit record online. Today I've spent almost 2 hours on the phone to the Court, police and Metrolink. Seriously, if I ever get my hands on this individual, he will be committing his future offences with a limp! :twisted: :twisted: :twisted:


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## BrianR (Oct 12, 2011)

F#cking beggars belief mate ! good luck with it all


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## Mark Davies (Apr 10, 2007)

Sometimes I find the disjointed nature of certain elements of the criminal justice system mind boggling, especially the courts. I wonder just when they are going to catch up and get into the 20th century (never mind the 21st!)

It must be so bloody frustrating for you to have to do all this messing about to rectify a problem not at all of your making.


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## NaughTTy (Jul 9, 2003)

As Mark says, why the hell should ou have to do all the phoning around and sorting out of this farce? Surely it should be down to the court and Bailiffs to fight it out between each other as you have already told them that he has no connection.

Years ago we had severall letters from the Bailiffs about an unpaid catalogue bill for some one who lived at 6 Dicks way rather than our address 6 Dickens Way. We sent back every letter that came through the door (about 6 in total) with "Unknown at this Address", then one evening two Bailiffs turned up on the doorstep - one of them rather large IIRC! We told them the situation and the likely address of the culprit (which was only 1/2 mile away) and luckily, they never returned  Seems things may have been simpler then - maybe today's masses of red tape and heirachy of "The System" is probably to blame for the mess that landed on your doorstep. Hope it gets sorted without too much more grief.


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## ScoobyTT (Aug 24, 2009)

What a royal pain in the arse!


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## Gazzer (Jun 12, 2010)

ooooooooooooooooooooh yummy you have just announced a couple of times in this post that you live alone at the addy!!!!!
sooooooo when at work i can assume the home is empty now and pass this info on to some peeps to go help themselves while you are out at work or shopping. errr just making a point as i am not like that honest!!!


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## YoungOldUn (Apr 12, 2011)

I sympathise with you. The only time I had a similar problem was after selling a car in part exchange for a new one. The DVLA claimed to have never received the change of ownership slip from my old V5C (log book) and the person who bought it (From I think an auction house) never registered it. Over the next 2 months I received 14 summonses for amongst other things speeding, parking and leaving the scene of an accident.

I started to worry that whoever had the car would kill someone and I would be dragged off to a police cell. Thankfully the garage which had taken it in part exchange contacted the DVLA and provided whatever information they required to remove my name from their database. I still had letters coming from solicitors for a month or so afterwards.


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## burns (Jun 2, 2009)

Well I've submitted my applications for the Notices of Correction. Damn you, Experian and Equifax...could you have made it any less straightforward?! FFS - I'm only trying to ensure that a bailiff doesn't come climbing through my bedroom window one day to try and remove my wordly goods! Furthermore, the Court told me today that I need to add an entry to each file to say that this chap doesn't live there, yet Experian say you can't make reference to any third party in the Notice of Correction! [smiley=argue.gif] Funnily enough, he can give my address in open Court and I can have all this shit going on, plus the fear of the bailiff's attendance, yet I can't write the wanker's name when I'm trying to correct what he's done! :evil:

And Gaz, if I'm burgled now, I'm going to suggest to the police that they start their enquiries with you since you've already published your plan! :lol:


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## ScoobyTT (Aug 24, 2009)

burns said:


> yet Experian say you can't make reference to any third party in the Notice of Correction! [smiley=argue.gif] Funnily enough, he can give my address in open Court and I can have all this shit going on, plus the fear of the bailiff's attendance, yet I can't write the wanker's name when I'm trying to correct what he's done! :evil:


How's that supposed to work? What an epic pile of screaming shit.


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## BrianR (Oct 12, 2011)

As usual the offender has all of the rights, the victim gets stuffed :evil:


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## Gazzer (Jun 12, 2010)

burns said:


> Well I've submitted my applications for the Notices of Correction. Damn you, Experian and Equifax...could you have made it any less straightforward?! FFS - I'm only trying to ensure that a bailiff doesn't come climbing through my bedroom window one day to try and remove my wordly goods! Furthermore, the Court told me today that I need to add an entry to each file to say that this chap doesn't live there, yet Experian say you can't make reference to any third party in the Notice of Correction! [smiley=argue.gif] Funnily enough, he can give my address in open Court and I can have all this shit going on, plus the fear of the bailiff's attendance, yet I can't write the wanker's name when I'm trying to correct what he's done! :evil:
> 
> And Gaz, if I'm burgled now, I'm going to suggest to the police that they start their enquiries with you since you've already published your plan! :lol:


awww hun you know i wouldnt or couldnt as either far too busy at work or trying to get her kitchen finally finished and keep hid happy again lol. anyway i would be too scared the courts would print my age lmao


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## V6RUL (May 28, 2009)

Soz hun..thought you would pay the fines for me.. :roll: 
Anon


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## Dotti (Mar 9, 2003)

Sounds a really horrible experience. Keep safe


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## burns (Jun 2, 2009)

V6RUL said:


> Soz hun..thought you would pay the fines for me.. :roll:
> Anon


Bahahahaha! Now THAT would be typical of you - those BT builds won't pay for themselves! 

Thanks Dotti and everyone else. I'm sure Karma will sort the pondlife out for me by pushing him off a cliff or something when the time is right. :lol: In the meantime, I'm keeping my windows closed and not opening the door - just in case a bailiff decides to attempt to effect entry! :roll: It's gonna be a long, hot summer at Chez Burns this year!


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## burns (Jun 2, 2009)

If I was mad before, I'm absolutely fit to explode now. This shit has just stepped up a gear, and now it's getting scary.

Earlier this week I received my Council Tax notice which confirmed the 25% single occupancy discount. I decided it would be good evidence for the enforcement firm so rang the bailiff directly, but got no answer. So I rang his office on 19 March (head office) and asked if they'd like a copy. The lady I spoke to (who had a first name and a reference, but no surname because "we can't give them out" :roll: ) said, "No, it's ok, the enforcement officer has returned it to us so we'll put it in for tracing. He's happy with what you've said about this lad not living there". Ok, nice one.

Following day (20 March), I get a call back from the bailiff following the missed call the previous day. I relayed the content of the conversation with his office, and he too said he didn't want a copy of the Council Tax bill as he was satisfied this character doesn't live at my address, and had returned the warrant for tracing. There endeth the telephone call.

I had a day off today, so have been out for the whole day, getting home about 90 mins ago. Found that the postman had delivered a letter addressed to the fuckwit debtor (which said Private & Confidential, but I'm afraid that phrase is now meaningless to me after all this shit). I opened the envelope and found a legal notice inside dated 21 March (so AFTER I'd spoken to both the bailiff and his office) which says the following:



letter said:


> You have failed to pay the outstanding amount shown above registered against you.
> 
> YOU NEED TO BE AWARE THAT MARSTON GROUP LIMITED HAVE COURT AUTHORITY TO REMOVE YOUR GOODS AND TO IMPOSE FEES AND CHARGES.
> 
> ...


The capitalisation and emboldening are their emphasis, not mine. And yes, it is one of those warrants specified, as it relates to court fines.

What a totally shit-scary letter to come home to at 9.30pm!!! And typically, you can only speak to a human between 7am and 8pm Monday to Friday (albeit you can make payment via their automated service 24 hours a day - how kind) so I can't even ring tonight (notwithstanding the fact that they could, presumably, come through my door tomorrow morning before I'm even awake). Luckily the letter says they are open from 7am until 4pm on Saturday so I will ring early doors, albeit I was looking forward to the Lakes Cruise tomorrow and hoped not to have it mauled by making a phone call like this. And do I risk getting home to find my locks changed and my worldly goods missing?? 

If I ever find the pile of absolute excrement who has used my address, I will be typing my next post from a prison cell.

But rather than hunting him down Terminator-style at present, I've taken the slightly more lenient approach of submitting my story to Watchdog. :lol: Seriously, if I don't laugh at the moment I really am going to cry.


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## IC_HOTT (May 29, 2010)

try citizens advice for free legal advice and / or consider taking out a small claim against the court or bailiff for harrassment or whatever you can - you really do need to get some advice to make someone stop this when its clear its false, hope you get somewhere soon but I do think you need to get some advice on taking preventative action


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## burns (Jun 2, 2009)

Thanks, but I'm a solicitor so have done some research (albeit it's not my area of law, and it becomes very scary when it's happening). I don't think it's possible to take preventative action, except what I've done thus far, specifically contacting the bailiff and his firm, the Court, having a police marker put against my address, and putting the markers on my credit record (although they're still pending at the moment).

I've made my Watchdog complaint, but will submit another which includes the very rude people I spoke to at the bailiff's office this morning (they open at 7am; I was on the phone by 7.10) who claim that they know this character doesn't live at my address and this letter was an error, there will not be anyone attending the address, and I will not receive any further letters. Really? You've suddenly got your house in order? Now THIS I would like to see. :roll:

Also going to make a complaint to the bailiff's firm about their crap administration and their incredibly rude call centre staff (who should be grateful that no-one has yet invented the telephone you can stick your hand down, as I'd have had them by the throat this morning!). That complaint is with a view to escalating it to the governing body (you have to go through the internal complaints procedure first).

Here's hoping that this (rather comprehensive!) lot will be sufficient to get this debacle sorted! :x


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## IC_HOTT (May 29, 2010)

fair enough and the best of luck to you.

i agree that its stunning that you can become the victim in all this with little defence :evil:


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## Gazzer (Jun 12, 2010)

my nephew got into financials with his credit card and they ended up sending the bailiffs after him, my brother looked into it and apparently they have no grounds to go after you if you refuse to deal with them and refer it back to the credit card company instead. so......that is what he did and they then wanted to talk about making payments. not sure if it is real but he is fairly clued up on this and as i am having probs myself with dvla and a scrapped vehicle.......the threatening mails have changed to offering payment shedules instead.


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## burns (Jun 2, 2009)

Thanks Gazzer. As a result of this experience, every envelope which comes through my door will be opened, whether it's addressed to me or not. On Friday one such envelope arrived, addressed to said shitbag. Opened it and inside it was the letter I quoted earlier.

When I rang them first thing Saturday morning their attitude was really bolshy and it was a case of, "It's a mistake, yeah, I'm not telling you again". FFS - let's see how you feel when you receive a letter telling you bailiffs are coming through your door with a locksmith, whether you're at home or not, and when the debtor is not even known to you. I did some research, and they do have the power to do this for a court fine (which this is). They told me they will only take the debtor's stuff. Really? 'Cos everything in here is mine! But how to prove it? Maybe I should write my name on everything in the house just to confirm? "This belongs to Burns, hands off, ok" like kids used to do at school? :roll: That'd look ace written in huge markerpen across my cream leather sofas! :lol:

I've also had an email back from either Experian or Equifax today, refusing the Notice of Correction on the grounds that it names the third party. They wanted to confirm that it doesn't affect my credit rating anyway. I KNOW THAT!!!! I just don't want to risk all this happening again! I also don't to have to worry about leaving a window open in the summer in case some enforcement officer decides to climb through it and snaffle my telly! Have sent a message back explaining the situation and I now await a further response. :roll: I anticipate the response being that the little darling can give my address all he wants, and there's not a damn thing anyone can do to stop it. This is what 13 years of New Labour gets us; a bloody criminals' charter. :x


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## Spandex (Feb 20, 2009)

Gazzer said:


> my nephew got into financials with his credit card and they ended up sending the bailiffs after him, my brother looked into it and apparently they have no grounds to go after you if you refuse to deal with them and refer it back to the credit card company instead. so......that is what he did and they then wanted to talk about making payments. not sure if it is real but he is fairly clued up on this and as i am having probs myself with dvla and a scrapped vehicle.......the threatening mails have changed to offering payment shedules instead.


Debt collectors don't have the same powers as bailiffs, although they might try to imply they do in their letters in order to scare you into paying up. Your nephew would have been dealing with a debt collection agency, not bailiffs. Generally, even legitimate bailiffs aren't allowed to force their way into your home - if you leave a door or window open they can enter, but they can't break in and they can't push past you if you open the door to speak to them. In some extreme circumstances (like unpaid criminal fines) they can use force to enter your house - I think this power is very rarely exercised though.


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## Gazzer (Jun 12, 2010)

burns said:


> Thanks Gazzer. As a result of this experience, every envelope which comes through my door will be opened, whether it's addressed to me or not. On Friday one such envelope arrived, addressed to said shitbag. Opened it and inside it was the letter I quoted earlier.
> 
> When I rang them first thing Saturday morning their attitude was really bolshy and it was a case of, "It's a mistake, yeah, I'm not telling you again". FFS - let's see how you feel when you receive a letter telling you bailiffs are coming through your door with a locksmith, whether you're at home or not, and when the debtor is not even known to you. I did some research, and they do have the power to do this for a court fine (which this is). They told me they will only take the debtor's stuff. Really? 'Cos everything in here is mine! But how to prove it? Maybe I should write my name on everything in the house just to confirm? "This belongs to Burns, hands off, ok" like kids used to do at school? :roll: That'd look ace written in huge markerpen across my cream leather sofas! :lol:
> 
> I've also had an email back from either Experian or Equifax today, refusing the Notice of Correction on the grounds that it names the third party. They wanted to confirm that it doesn't affect my credit rating anyway. I KNOW THAT!!!! I just don't want to risk all this happening again! I also don't to have to worry about leaving a window open in the summer in case some enforcement officer decides to climb through it and snaffle my telly! Have sent a message back explaining the situation and I now await a further response. :roll: I anticipate the response being that the little darling can give my address all he wants, and there's not a damn thing anyone can do to stop it. This is what 13 years of New Labour gets us; a bloody criminals' charter. :x


hi hun. speak to the court baliff at the court it was registered with and ask for full info on the case and explain that you are a sillyositer  and ask for case details and the court baliff has the power to end this in one day if he/she gives a letter of proof you can put on the door or fax to the baliff nuggets company.........then!!! if they persist bring legal action for harrasment against them.


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## burns (Jun 2, 2009)

Thanks for the help Gazzer. Just checked with the Court - there isn't a Court bailiff. They just have the Court-appointed bailiff, specifically the firm (Marston's) who I've been speaking to.

Whilst I'm a little concerned about the situation at the moment, I'm more concerned about stopping it happening again in the future. I managed to get the fine put on hold in 2009, but that didn't stop this freeloader from giving my address on a further three occasions. So whilst I can fight what I know (ie I know that there is this warrant, and I have names, dates and times in terms of the people I've spoken to), I can't fight what I don't know (ie whether he, or indeed someone else, might use the address again in the future).

Haven't written my formal complaints yet (to the bailiff and the Court) but I will do in the next few days. Then at least I can start escalating it in the hope of finding a more permanent remedy to this debacle!


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## Gazzer (Jun 12, 2010)

burns said:


> Thanks for the help Gazzer. Just checked with the Court - there isn't a Court bailiff. They just have the Court-appointed bailiff, specifically the firm (Marston's) who I've been speaking to.
> 
> Whilst I'm a little concerned about the situation at the moment, I'm more concerned about stopping it happening again in the future. I managed to get the fine put on hold in 2009, but that didn't stop this freeloader from giving my address on a further three occasions. So whilst I can fight what I know (ie I know that there is this warrant, and I have names, dates and times in terms of the people I've spoken to), I can't fight what I don't know (ie whether he, or indeed someone else, might use the address again in the future).
> 
> Haven't written my formal complaints yet (to the bailiff and the Court) but I will do in the next few days. Then at least I can start escalating it in the hope of finding a more permanent remedy to this debacle!


good luck hun, hope you can sort it and soon......rather worrying i presume. talk to one of you're firms associate lawyers and i would imagine it would cost nothing to have a letter typed up with all of the official titles etc etc..gazz


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## burns (Jun 2, 2009)

Oi you! I'm one of the lawyers, thank you! [smiley=smash.gif]

Have considered sending a letter on headed paper, but not made my mind up yet. Will see what I eventually decide. The only problem is they'd know I was just trying to scare them,because there isn't really a cause of action against them. So what I *may* do is just do a normal letter from home, but sign off:

"Burns, LL.B (Hons)
Solicitor"

Then I'd manage to get in the title etc without looking like I'm trying to go OTT.

I'll do the letters this weekend, I think. There are many other things I'd rather be doing of course, but hey :roll:


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## IC_HOTT (May 29, 2010)

dont get it :? :? :?

you're a lawyer and there is NO action you can take other than to 'scare' them with your signature block !!!

What chance would I have if I was going to pay you to get this sorted on my behalf - seems none other than a large bill :?

Trying to be helpful but am I missing something or is our legal system as shite as we would believe?


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## Spandex (Feb 20, 2009)

grasmere said:


> dont get it :? :? :?
> 
> you're a lawyer and there is NO action you can take other than to 'scare' them with your signature block !!!
> 
> ...


I'm not sure why you think a lawyer should be more able to fix this than anyone else. At the end of the day, it's caused by bad administration, laziness and the fact that there are a lot of parties involved who have rules about how their information can be updated.

I actually think that it's a good thing that our legal system doesn't make it easy for someone to take legal action in situations like this. Maybe in America you'd be able to sue everyone involved for stupid amounts of money (claiming mental anguish, or something equally ridiculous) but I'm glad that's not so easy here.

It's not right that Burns is forced to constantly chase people herself, but the correct solution to situations like this is probably to have better connection between the Police (who actually seem to do some checks when someone gives them their name and address) and the courts (who seem to do no checks whatsoever) - Just making it easy to threaten everyone involved with legal action isn't a solution.


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## burns (Jun 2, 2009)

Spandex said:


> grasmere said:
> 
> 
> > dont get it :? :? :?
> ...


Absolutely correct.

And to answer your question, grasmere, yes the legal system is exactly as shite as you believe. :x

The thing is, you wouldn't find a solicitor who would deal with this. And anyone who relieves you of money to deal with such an issue, is nothing more than a shark. It's just a case of loads of crap systems and lack of communication. Fair play to the police, at least they do checks and have the facility for me to be able to put it on record that this knuckle-dragger does not live at my address. Now I just have the stigma of having a police marker on my address! :lol:


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## IC_HOTT (May 29, 2010)

fair enough guys, got a better understanding, well keep us informed Burns - I hope it works out for you :wink:


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## SVStu (Dec 11, 2006)

> "Burns, LL.B (Hons)
> Solicitor"


How much for a BJ then??? :lol: Sorry just trying to add some humour to a very frustrating situation, I feel for you.

I wonder if the person doing all this had a link to the property at some time in the past or lives close by?

I wonder if Metrolink have an CCTV of him that they could forward to the bailiff or you just in case you bump into him?


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## burns (Jun 2, 2009)

You couldn't afford it. :wink: 

Yeah, I suspect said shitbag lives (or lived) in the area. I hope I never find out though, as I fear I may be unable to resist the temptation to knock on his door using a piece of his car. [smiley=smash.gif]

I doubt Metrolink have CCTV now; usually it's generally only kept for a maximum of 60 or 90 days, albeit certain places (naming no names, so I am not advertising vulnerable places to criminals!) only keep it for 7 days! Given the amount of time that would have to elapse between the offence for which he was fined, to the instruction of bailiffs, the footage will be long-gone by now.

On the plus-side...it's been nearly four weeks without any further incident! You never know, I may have put a stop to it!


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## TTDino (Jan 23, 2011)

Sorry to hear about this.. we had a load of post and debt collection letters for a guy who had never lived at our address. Spoke to the agencies and told them he had never lived here and it seems, from conversation with the only one who was human , that they mass mail any address that may be associated with the miscreant. In the hope that they can find them.

I now have a pile of letters by the front door that will be handed to any debt collector that calls. Writing and ringing these people is a waste of time, in most cases, so I will wait till one of them comes round so I can give them all the post back in one go.

Fortunately this doesn't affect my credit rating as they are only debt collectors and this guy is not associated with my address.


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