Marstons High Court Writ

[hammermitch]

Could anybody please advise for the following

My son, no longer lives at my address, but we have recieved a letter from Marstons addressed to him, i passed the letter onto my son, it was regarding a high court writ for Leagal Aid, now my son had to attend a court case last year and applied for legal aid, as he was working he did not qualify and as such paid his solicitor direct.

We have never recieved any letters from legal aid, the first we heard was when marston sent a letter, my wife immediately telephoned the solicitor who confirmed that he never recieved legal aid, she then telephoned Marston and explained the situation, she was told by a very rude member of marstons who claimed to be a case leader, that the only option was to pay in full, she gave hime the solicitors details to confirm the situation, but he was not listening and constantly talked over her, when she finally stated she wished to make a complaint, he asked "why" he claimed to have never heard of CIVEA and claimed Marston were not a member, and refused to give any details of how to complain.

i contacted marston by email to complain, and pointed out the following, my son is no longer at this address, and he never owed the money in the first place, despite this marston enforcemnet agent called yesterday when i was out and left a hand delivered letter, there is NEVER a return address on any of marstons letters, is this a ploy as to not return letters where people do not live at an address and to just continue to add charges? anyway i posted the letter back in the post box with "not at this address" what the post office do to it i am unsure, i have again contacted marstons today and stated they are harassing an elderly and vulnerable person and the person on the writ does not live at this address, and also stressed he does not owe the money anyway and that they have the solicitors contact details to confirm this if they wish.

Where do i stand if they continue to call?

i have heard they can take any goods they wish and it is then down to me to prove they belong to me and not my son

are they acting unreasonably by constantly harassing me when it is not my name on the writ?

any help or advice would be very much appreciated

[ploddertom]

Re: Marstons High Court Writ

Is this for what they call a Capital Contribution Order?

As for returning the post then this happens all the time and a visit could possibly be expected to see whether the named person is resident or not. Another ploy is that they will try to bring pressure on parents to pay for their offsprings debts.

[hammermitch]

Re: Marstons High Court Writ

Is this for what they call a Capital Contribution Order?

As for returning the post then this happens all the time and a visit could possibly be expected to see whether the named person is resident or not. Another ploy is that they will try to bring pressure on parents to pay for their offsprings debts.

Not sure about Capital Contribution Order? have not recieved nothing from legal aid themselves,

he applied for legal aid to pay for his solicitor during a recent court case, however he was refused legal aid due to him earning too much, so he never recieved legal aid, have spoken to his solicitor who has confirmed this.

is this allowed to ask for parents to pay for someones debt? are they allowed to keep harassing me despite the fact i have informed them he does no longer live at my address?

I have checked Marstons website and at the bottom is the logo for CIVEA, why did the person i speak to claim to have never heard of CIVEA and claim they were not a member? i just find it rather shocking they are allowed to get away with this behaviour

[ploddertom]

Re: Marstons High Court Writ

They may only take control of the goods of the debtor but will hope you do not know this thinking you may pay up for your offspring voluntarily - after all they don't care who actually pays it. Your son must have given your address at the time of the offence/incident which is why they are calling. To save a visit your son should deal with them himself and reveal his new address to save you the hassle of any visits. Or, you could inform them when they call of his whereabouts but you are under no compulsion to do so.

One thing you are quickly learning however is Rule No 1 7:

Bailiffs Lie

[Kati]

Re: Marstons High Court Writ

Bailiffs Lie

agree!!

[hammermitch]

Re: Marstons High Court Writ

They may only take control of the goods of the debtor but will hope you do not know this thinking you may pay up for your offspring voluntarily - after all they don't care who actually pays it. Your son must have given your address at the time of the offence/incident which is why they are calling. To save a visit your son should deal with them himself and reveal his new address to save you the hassle of any visits. Or, you could inform them when they call of his whereabouts but you are under no compulsion to do so.

One thing you are quickly learning however is Rule No 1 7:

Bailiffs Lie

Sorry, i should have explained, i was fully aware of my son going to court as he was living at this address at the time, however he has since moved out, i have told marstons this, so why are they still visiting and harassing me?

i am certainly not going to tell them his address, that is their job to find out, but by not giving his address is not an excuse to continue to harass me, can they?

[ploddertom]

Re: Marstons High Court Writ

They are told 99 times per day that someone does not live where they say they are. If each was taken at face value then they would get nowhere. Asit is a Court fine your son is responsible for updating his address details. Marstons are within their rights to visit the address given to prove or disprove the debtor is in residence.

[wales01man]

Re: Marstons High Court Writ

If you don't want the Hassle tell them his address is he not man enough to pay the penalty?
Its obvious that the EA will not believe the old chesnut (he doesn't live here) its rather old hat

[seduraed]

Re: Marstons High Court Writ

Could you speak to your son and find out what happened at court. Did he move after the court case? Could the information about the charges have been sent to his current adress and Marstons accidently given his old address? Your son needs to speak to the court and find out what the charge is for. If it is a fine or similar then it needs to be paid . He should also make sure that the court have a copy of the receipt from the solicitor confirming that your son paid the fees in full. Certified copies of these need to be sent to the courtand marstons. It might be possible to swear a statutory declaration that yous son does not live at your address and nothing in the property belongs to him. Usually costs around £10 at a solicitors office. Sent a copy of this to marstons by signed for delivery which is around £2

Marston have behaved very bsdly and a complaint to the company is in order. Make sure that it details the exact nature of what was done wrong and the remedy that you feel appropriate. Bulleted sections work well here . Again send it by signed for delivery so that marstons cannot deny receipt . Make sure that you mention that there continual phoneing of you is harassment and causing distress under the prevention of harassment act (sorry dont know date more knowledgeable Beagles will that in for you).

As you feel this this is harassment, make sure that they have had the letter delivered then record dates and times of phone calls and what was said you don't need to tell them after the letter has been delivered that you are recording as you are gathering evidence about a potentially criminal act .