bailiffs - help!

[OliviaDee]

I get a lot of threatening bailiff letters intended for previous tenants at my address. Some companies have been quite responsive after one phone-call and backed off but one firm in particular - Equita - refuse to believe i am not the person they want and have just told me they are coming this week to enforce their warrant and retrieve goods.

Does anyone know what i can or should do?

(Someone else told me that my credit rating could be affected by this address - does anyone know if that could be true?)

help and thank-you!

Ollie

[DrinkingBuddy]

I would suggest giving the Citizens Advice Bureau a call, they can help speak to the bailiffs on your behalf, but Im afraid your credit rating is indeed connected to the addresses you live at.

[Otto]

I would imagine presenting a passport when they show up would solve it quickly though it is a terrible situation!!!

[Vik]

Don't let them in, they're like vampires - once you've invited them in, they can do what they like.

As already said - show the some ID, failing that, refuse them entry and tell them to call the police if needs be.

[OliviaDee]

thanks everyone. this is so horrible. some other woman is running around defrauding the state and running up bills she has no intention of paying and I get a bad credit rating?!!!!!!!

[dv1]

The crucial thing to know is that under no circumstances should you let them in. Once they have gained entry, they then have rights to remove goods that they don't have if they have not been given entry. They cannot force an entry. As advised, call the police if necessary. Don't forget they get paid for successfully getting back what they are owed so it is in their interests to gain entry, but whatever they say they are allowed to do, do not let them in.

[bawdy-nan]

is it really the case that they can take things from people who have no relationship to the debt???

[Dulwich_ Park_ Fairy]

Depends how much you value your possessions as an option would be to let them get on with it and then sue them for damages.

[GinaG3]

This concerns me also. Previous tenants at our address owe over ?50,000 in total in mortgage payments and utilities. This is two seperate tenants. Ive had numerous bailiff letters for years now. Ive had 2 bailiffs knock and they have both accepted I am not the person/s they are after. Under any circumstances do not let them in!! Call the police if they try and force entry or are aggressive in trying to gain entry. Some of them can be horrible, but this isn't your problem. Its the problem of the ex-tenant. I would indeed call CAB and see what they can help with. Its an awful situation to be in. I feel for you 100%.

[DJKillaQueen]

As well as not opening the door to them...do not leave windows open either. They can enter through an open window. But as long as you don't let them in they can't do anything. They can only force entry if you have previously signed a walking possession order after letting them in, by agreement for promised payment instead of their removal of goods at the time. Only utility companies can get warrants for forced entry for unpaid bills. But it's not bailiffs who deal with that.

If you know who the client for the bailiff is...then contact them directly and ask them to withdraw the warrant. If bailiffs do turn up, speak with them through the door and tell them you are dealing with their client, as the person they are looking for does not reside at that address and is unknown to you.

Btw Equita are currently being sued for bad practise. And it is a common tactic for bailiffs to misrepresent their powers in their correspondance, in an attempt to frighten people.

[breadcrum45]

hi Ollie

Just to reiterate

Do Not let them in, they will try anything to get over your threshold, don't even let them come in whilst you go to get paperwork.

I would suggest that you call national debt helpline, they are brilliant and free. I am not sure how the debt will effect your credit rating, unless its in your name, I know sometimes they will relate people at your address to you, however you can query this with experian and request this to be removed, you may be able to get a 14 day free trial with experian, so you can check, they also offer a cheap service, which is only a few quid a month and they email you if anything has been added to your file.

Personally I would draft a letter explaing the situation, get a copy of your passport and have it ready for if they turn up, to be honest a lot of the letters are just hot air.

If they turn up and will not go, I would call national debt line whilst at the door with them. They know they have no rights, its only police and major criminal warrants, possibly council Tax (but not even sure they can) that they have a right to break in.

The police are not very helpful in situations like this.

Hope everything turns out OK.

Best of Luck

Regards

[DJKillaQueen]

Even council tax have no right of forced entry....only utility companies....who simply change meters to key meters in the instance of unpaid debt.

[trizza]

If you are not the debtor they cannot remove or enter your home. As per advice here - Do not let them in and keep ground floor windows in.

Unless it is a criminal fine they are enforcing, they cannot force entry.

I would also do the following:

1. Speak to CAB. If they are harrassing you there are steps you can take.

2. Keep copies of all your correspondence with them at your house (more on this later).

3. Keep proof of your ID at your house (copy).

4. If they turn up don't let them in but give them copies of 2 and 3. If they are aggressive and won't move on call the Police.

[binary_star]

If you have no financial connection to the original tenants(shared bank accounts etc) your credit rating needn't be affected. It's people not addresses that accumulate bad debt and credit agencies know this. Sometimes agencies think you're associated by your address. If this has happened you'll need to get a notice of disassociation. More here: http://www.talkaboutdebt.co.uk/question-answer/credit-rating/what-notice-disassociation

Good luck!

[Pugwash]

My daughter is/was in a similiar situation as she had lodgers who ran up debts. When they moved out they chucked all the letters in the rubbish bin. Daughter took them out and rang all the agencies involved explaining the situation. Fortunately she had the address of one of the lodger's parents, so she gave this as a forwarding address.

She also stated that since all the utility bills were in her name, she would be happy to show any bailiff proof that this was her address - she also a photo ID card from her work which verified her identity.

The National Debt Line were good- they gave advice when another company tried to get almost ?10000 from her in unpaid rent from a former student house, where she had moved out a year previously and had given written notice to landlord. Same when an ex boyfriend took out a mobile phone contract in her name and address.

[OliviaDee]

-- moved topic --

[Damian H]

Haven't read all the replies here so maybe the points I am going to make have already been covered but here goes:

1. bailiffs can only enforce a court order or warrant. If they turn up with a warrant or order to seize the goods of another person then they simply CANNOT touch anything you own if you are not that person. They must know that and it is simply a matter of you showing that you are not the person they are after bry poresenting ID as suggested by someone else. Make it absilutely clear to them that you do not consent to them entering your home and that you will consider any attempt by them to do so or seize any of your property as a criminal act. Should they not accept this do not hesitate to call the police. This type of sitiuation is not a hugely uncommon one and the boys in blue must have sone experience in scrutinising warrants and assessing who is who. If you ask the bailiffs to show them the warrant and present your ID to them it should be pretty much case closed. If the bailiffs continue to attempt to secure entry or harass you, ask the police to arrest them for breaking and entering etc. The mere threat of that should be enuugh to deter even the most ardent bailiff.

2. As already suggested DO NOT LET THEM INTO YOUR HOME, no matter how casually or smoothly they ask to be let in. Once they are in they have more rights than otherwise (although in this case they clearly have none but you don't want the hassle even I imagine). Might also be an idea to video the whole thing on your phone if they do turn up. Putting the door on the chain and refusing to remove that would be a very clear indication thaqt you are prohibiting them entry. DO NOT let them in to "make a call", "sort this out face to face", "get a little glass of water" or the like. Any conversation can be had at the doorstep - it is not your job to make them comnfortable.

3. re: credit rating. It is possible that people linked by the same address can affect eachothers credit rating. Get a copy of your credit report from Experian and Equifax - legally they have to give you a copy although you may have to pay a small fee. All info on linked people is available on such reports. You can also register online to monitor your credit status through sites like Credit Expert etc. If information held abpout your financial status is innacurate you have a right to have a correction inserted but find out first what info is held.

Hope this all helps.

[Hagrid]

Dont worry about Bailiffs, they wont and cant raid your house. But do register with experian or something similar and monitor your credit rating.

I have been cloned about five times and now if someone tries to apply for credit being me I get an email warning - even if it is someone else registered at your address..

Re; your property - Your address pays some points towards your credit rating but unless your the owner not enough to cause problems.

[Salsaboy]

Agreed with all of the above. A favourite trick of theirs is to put one foot against the door frame so that you can't close the door without squashing their foot and then they claim you assulted them. Bastards.

[OliviaDee]

wow - i've just switched on my computer and am feeling a bit overwhelmed - thank-you everyone for all the support and all the PM's too!

i guess this touched a nerve with everyone - how you can be made vulnerable in your own home like this having done nothing wrong.

anyway i shall read through all this and make some phonecalls monday morning and let you all know how it plays out...

and thank-you again.

Ollie

[pablogrande]

I had some problems with them once due to a parking ticket I appealed and never heard back about, I contacted tessa jowell and her office were helpful and got them off my back there's a lot of companies who claim to write letters etc but don't could easily be sorted if they were forced to send registered post

Good luck

[yummumbums]

I have recently just managed to stop action from a very threatening company for debts that have been sent to my address for someone else. Everytime i rang them they were really unhelpful saying there was nothing they could do about it apparently a court had confirmed the address for this person with the police. I eventually received the advice to send them a copy of your most recent council tax bill that will state who lives at your address and i finally received a letter on saturday saying they were not taking further action on this property but it has been months of worrying if i go out am i going to come back to an empty house. It worked for me it is worth a shot good luck.

[DJKillaQueen]

Again it is nonsense for any bailiff or debt collection agency to say that just because a court warrant is in force that nothing can be done. The Police would only be involved in a warrant that is for an unpaid court fine (resulting from a law breaking offence) anyway. In all other incidents the client (not the court executing the warrant) would rely on other sources for confirmation of address, which may be the Police but may also be the DVLA or a local council etc. And even then...best that they often can provide is the last 'known' address.

[Siduhe]

We've had similar problems in the past and would endorse the advice given in this thread. You need to be persistent and you need do everything in writing. Don't phone them up as when you next contact them, they will deny all knowledge of your earlier call.

Also keep in mind there are some things you can genuinely threaten a baliff with - for example the withdrawal of their certification to act as a baliff under the Distress for Rent Rules 1988 (see http://www.legislation.gov.uk/uksi/1988/2050/article/8/made) if they are genuinely acting in an inappropriate way. It's something that affects them personally, not their company. At the least, it's a pain for them to deal with a complaint being made.

This is the paragraph of my letter that finally got the company to back off and commit in writing not to contact us again - welcome to tweak it for your needs:

We have tried to deal with your enquiries in a reasonable fashion, but in light of your latest correspondence, we ask you formally to note that you remain on notice that Mr X does not live here and there is no reasonable basis for you to attend our home or seek to levy any distress against our property, including our car (which is registered in my name and parked outside our home).

If any bailiff does attend, she or he will not be granted access. If any entry is forced or if you continue to threaten to take action against us, we will seek an order against both you and your client for any or all of a) the voiding of any levy; b) damages for illegal and/or irregular distress including compensation for time incurred and loss of earnings; c) trespass (against both you and your client); and/or d) an application for withdrawal of certification by way of complaint under the Distress for Rent Rules 1988.

Please acknowledge receipt of this letter.

[OliviaDee]

hi, i thought i'd post and say how this situation was panning out since so many people extended good wishes and great advice. so far no bailiffs have been round - possibly deterred by my ranting phonecalls and letters packed full of all sorts of things learnt here - and my credit rating has come back unaffected - which is great news. and according to Experian, your CR can't be affected by other activity at the same address which is really good news for anyone else who was worried about that too.

so thanks again everyone - so far so good!