Hi
I posted this question on a different site but actually ended up following advice I read here. I have a further question but will repost my original one first
I am probably being a bit of a drama queen about this but I am rather worried. I moved into my Housing Association flat in March 2014. Since then, I have received a letter addressed to the occupier and found that it was a debt collection agency trying to find a chap I will refer to by his initials, RC. I used the number on the letter to notify them that I had lived here since March and that I knew the previous tenant to me was called GW (infamous locally for an arson attack he is now doing time in prison for). That was the end of the matter and they apologised for bothering me.
I've since rec'd another letter, also addressed to RC but with no identifying marks on the outside, so I couldn't simply return to sender. I opened it, expecting to be able to find contact details in order to let whoever it was know that RC does not live here. What I found was an enforcement notice from Marstons for a HMCTS fine, demanding the £800 fine be paid or bailiffs would turn up within 14 days. There were no contact details on it besides ways to pay, so I googled the company and got an email addy. I sent a fairly snotty email and quoted their ref numbers telling them that this guy has never lived here to my knowledge and that I don't appreciate having to contact them to stop bailiffs turning up at my home.
I also contacted the court, quoting Marston's ref, saying the same thing. I got a reply from them saying they have no records of sending any correspondence for that person to my address. They suggested I query Marston's again.
I got an auto reply from Marston's saying they are looking into my complaint and then today I got another email. This one basically apologises for any distress caused to me, but also says that it is not uncommon for people to claim an offender is not residing at their property. They have given me until 19th Feb to send them proof of my occupancy, with a utility bill no older than six months old. They said I can send a photocopy via post or scan it into an email (I do not have a scanner).
I am outraged by this and I told them so. I replied that I would send the proof they need but only if they send me a prepaid envelope. I also mentioned that the courts told me nothing had been issued for RC to this address.
It seems outrageous that I should have to prove that I am NOT who they are looking for but I wonder if I am making this harder than it needs to be by not doing their job for them and sending the docs at my own expense. On the other hand, I wonder if giving them personal information about me could cause me more problems. Look at how much of an issue it has been already. Why would proving I am the occupant also prove that RC is not staying with me? How far could this go? What do I do if they turn up at my door in February? As for supplying a recent utility bill, I have gas/elec/water meters and don't get any bills and my council tax bill is obviously more than 6 months old as it was issued in March/April 2014.
I haven't had a reply to my email yet so they may get in touch and say that the matter is closed but, based on what I am reading about them online, I doubt it. What should I do?
I am posting here because I have a further update and I would like some advice on what to do next. I followed the advice I read here and contacted the court again, stating that I am worried about what I read online about Marston visiting addresses even though they have been given proof that the person they are looking for doesn't live there, and that I would prefer to send proof of my tenancy to the court rather than them in the hope they can recall the enforcement notice/warrant. I got a reply the next morning that I will copy here:
Thank you very much for your email. I have looked into this account and it would appear Marstons discovered the defendant applied for insurance at your address but understand this does not necessarily mean he lives at the address. This does not affect the credit rating of the address.
I have recalled the Warrant of Control for further searches and apoloogise for any inconvenience caused.
This was signed by a 'Compliance and Enforcement Officer'.
My questions are, do I need to do anything else/different, and does recalling the Warrant of Control ensure Marston can't come to my home now?
Thank you in advance.