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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70186
Experience:  Over 5 years in practice
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My son has received a letter from Marston High Court Enforcement

Customer Question

My son has received a letter from Marston High Court Enforcement officers and Cert Bailiffs, for the amount of £624.10 , until this arrived at my address my son knew nothing about this, he was told that they sent many letters to my address which they put down as 81, Moorfield Rd Enfield middx en3 5xw. I moved from this address 3yrs ago last month so whoever used my sons name and the above address did not know that i had moved, not only that but my son does not perminantly live with me, and when the offence accured in 2013 my son was staying with me at the time as he was under chace farm hospital for depression and never left the house for many months, the offence i am speaking of is travelling on a train without paying, my son has only just started work after being out of work for depression for which last year he lost his job. Please can you advice me on what he should do as they say the bailiffs will be round my home tomorrow when there is nothing of my sons in this house.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.


My son has been accused of travelling on a train in 2013 and not paying, but my son was out of work with depression and i had been looking after him for best part of last year as he wouldnt go out of the home, now he has received the letter i wrote to you about and someone else has used his name and my old address not knowing i had moved when this person was caught he used my sons name instead of his own


 

Expert:  Jo C. replied 3 years ago.
Do you know which court this matter was before?
Customer: replied 3 years ago.

This is the info i have PO Box 12019 Epping CM16 9EB
Clients HMCTS Hertfordshire Client 13025890T Total outstanding £624-10


We are in possession of a magistrates court order as a consequence of non payment of the above fine. Your residence above has been confirmed by Marston groups tracing and investigations unit. As you have failed to deal with this outstanding fine or respond to letters delivered to this or your previous addresses, we must inform you unless total sum due above is paid within 7 days of this letter our bailiffs will attend to levy distress and remove goods for sail by public auction....... My son owns nothing whatso ever in my home only the clothes on his back

Expert:  Jo C. replied 3 years ago.
was he held under section of the mental health act at the time and was he allowed time out?
Customer: replied 3 years ago.


Yes he was, they came to visit him on a regular daily visits then went to every 2 days from a home team, they did not really want him in hospital as i was at home to care for him myself.

Expert:  Jo C. replied 3 years ago.
If he was allowed out then can he be sure it wasn't him?
Customer: replied 3 years ago.


He never left my home, he was to ill, the home team visited him at different times of the day, so it was obvious he never went out at all

Expert:  Jo C. replied 3 years ago.
Thank you.

He needs to ascertain which court this was before. That can be done by phoning the Hertfordshire Courts service and quoting the reference number.

When he has got that information then he needs to go before the court and make an application for this conviction to be reopened. He is substantially out of time now but they probably will reopen it although they might want him to make a statutory declaration to the effect that he did not receive a summons.

They may prosecute him again. If they do then he will have to attend court and defend this on the basis that it was not him. That is a long way in the future though.

If he gets this reopens then that will stay the actions of the bailiff unless the court convicts again.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


I am just having a problem finding the phone number of the court, but thankyou for your help in this.

Expert:  Jo C. replied 3 years ago.
Here

http://www.hertsdirect.org/your-community/comvol/law2y/lwlega3y/magiscourts4/649132
Expert:  Jo C. replied 3 years ago.


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