Will try to make this as concise as possible...
I recently received a high court bailiff bill from Marstons for just over £1000.
I queried it straight away with them and they said that an information request from the police in relation to a speeding fine had gone unanswered for months and they had been summoned to recover the fine. They were quickly able to tell me that the requests had gone to my old address - I moved out 3 years ago.
Upon further investigation after applying to court - they were able to tell me that the speeding fine was in relation to a car owned and registered to my wife (we are seperated).
I was able to prove with a dealer stamped receipt that the car was returned to the car finance company 3 months before the speeding offence took place and therefore couldn't be her or myself. I also informed them that we separated 8 months before this.
This is the tricky part....
The car has never been registered in my name, it was registered to my wife both on the log book and the finance agreement, however they are insisting that it was in my name and I am liable for the debt because I should have let the dvla know of change of ownership.
The only thing that my name was on was the insurance policy for the which was in my name and my wife named as a driver.
Theres no way I intend paying them £1000 that has had nothing to do with me. What are my options? Do I have to prove innocence and apply to court (which will no doubt cost money) or for they have to prove guilt?
Marstons - debt wrongly in my name
Re: Marstons - debt wrongly in my name
Its an old court fine, and the bailiff contacted you at your new address. The conviction and the fine are both invalid but you must make a statutory declaration and send it by recorded delivery to the magistrate's court.
You do not need to enter a plea with your statutory declaration because the prosecution has the burden of proof. If you are re-summoned then insist on being given the information giving rise to the conviction and you want 28 days to consider it before entering a plea.
You do not need to enter a plea with your statutory declaration because the prosecution has the burden of proof. If you are re-summoned then insist on being given the information giving rise to the conviction and you want 28 days to consider it before entering a plea.
Re: Marstons - debt wrongly in my name
Thanks, I've just done that and I'll get it witnessed by a solicitors tomorrow before sending it. Should I also send a copy to Marstons?
Re: Marstons - debt wrongly in my name
No need to tell marston. Just show a copy if anyone turns up.