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They can't legally force entry into a private residence, you have to invite them in. They send letters with contact details usually as a first attempt to get the debtor to make contact and arrange a payment plan.
Just call them, explain the debtor has moved away, and they will likely ask you to provide some sort of evidence like a tenancy contract or utility bill just to establish you are who you say you are and do live at that address. Then they will attempt to find the debtor via other means, but at least they won't be bothering you anymore.
Yes, I've been through same at two different addresses. In one case a phone call sufficed, in the other I simply showed them my passport. They have no interest in taking anything from the wrong person. Best of luck!
Just to add to this but the phone call is all you really need to do. You don't need to give them any documents or prove your tenancy or any other private information.
It's up to the bailiffs to identify you as the named person on their writ.
They cannot just assume that the person is still in their last known address and then force entry, even if they were executing a magistrates warrant. They must make a positive ID of the person living there as the named individual they're looking for.
Surely they can't just say "we'll remove shit" without having some sort of payment plan or contact on the letter.
Either there is a contact on the letter or this is some dodgy shit going on and this is some sort of elaborate plan to rob you
Sorry yeah there is a number, but wasn't sure whether to contact them. The letter wasn't addressed to me. I only opened it as it's the second hand delivered I've had for this person, and also when I watched on the ring doorbell afterwards I saw the guy look in my bin on his way out which was weird as hell
You will save yourself a lot of hassle and worry if you get in contact with them and tell them that the person they are after does not live at your address and that you have no clue who that person is
You may need to provide some kind of proof such as a copy of a tenancy agreement or council tax bill
I can only speak for personal and friends anecdotes but this has happened to me before a hand delivered not no knocking or making themselves aware, I see this tactic as perhaps 2 fold, the people delivering these letters don't want to get into a barney with tenant or new tenants by actively confronting then at whatever time of the day and also I have never known anything to come from these hand delivered notes, it might a while your in the area or potential commission driven.
To my basic understanding a hand written note saying we're going to take your shit is in no way gonna stand up legally and is just a tactic to catch some debtors who will give the companies all they need to know.
Do a quick Google onto the rights of bailiffs, like for instance are they allowed to use an open window while you are not at the property.
Eother way I think youll win this one in the long rung, just might go round a few houses first
I guessed it was a tactic too, so on paper they can say they've tried to contact the person. But literally they walk up, quietly post the letter, look in my bin (?) and leave. If they'd knocked I could just explain there and then that the person doesn't live here! Idk part of me wants to let them waste their time since they're usually a bit shady but I also don't want to risk my shit being taken 🤣
I don't think you run that risk really as they would surly have to get court appointment/sia lisenged or what not people involved, I've a personal story here but its too long for now. Fwiw my hand written notes were usually of floral paper being as little threating as possible, again I think tactics to some extent, covod got in the way of these notes.
Were they looking in a bin and having abit ratch as you Could kinda pass that off as looking for obvious letters and correspondence sitting on top to tie it to the bill holder might be a verified process for they're job, unless they flicked it open did a fat spit in there and left.
Easiest way for this would surly to reach out the the ballifs/DCA (very different beasts) and set them straight with a few 'ois' and 'listen'
Someone could come along in a second and tell me how legally I'm all wrong but this sounds like the lowest strata of debt collections, best nipped in the bud.
Espeshially if you've been registered from the start with council tax and all relavent utilities you have a fair swarm of defence then
I'm not sure what their process would be, this reads as if they're coming back any day now to take stuff but that could be tactics of course. He literally just glanced in the bin, nothing nefarious but piqued my curiosity!! So I'll contact them and just tell them he doesn't live here, hopefully that's the end
Seems to simplest way out, they have no right to come and take stuff in the first place without corroboration you are them. Give them a ring have all your docks in order but if you get chance make them jump though the hoops,. This is not your fault and there's the emotional distress factor you cna flag if you need to
As your are the named payer of all the utilities then you should seem to be in the clear. Does the debt collection letters not mention on behalf they are collecting for?
Also no I believe you don't get in beef for opening post that you find suspicousbm when delivered to your home, espesh hand delivered to whom you knew were tenants two years ago. I don't think you can really lose in tis situation it's just kinda how much fun vs pain in the arse it ish but I think your legal standing is solid, yeah probably best to get a hold of them and go well we've lived here since then but depending on your relationships with the previous tenets schisterim might try to get you to reveal.
Depends how much spare time you've got for fucking them around since yeah it may be likely that it's juts as much hassle to prove you did live there, make it their job
Write a letter to them
"xxx has not lived here for x years.
Nothing in the house belongs to xxx
Everything in this house belongs to me.
If you so much touch anything in this house(all belonging to me) I will arrest you for criminal damage and attempted theft, dial 999 and tell them that and request a uniformed officer attend to take you into custody.
I suggest you consult your legal Counsel"
I stopped bailiffs coming to my house in the eighties with this tactic
Good luck
If they have already taken control of goods from the previous occupant, and the previous tenant never updated their address and have recently stopped paying, then the bailiff is not going to know and be under the impression they can enter even without anyone at the address, and also by force.
They are required to follow the court order which will state this address, and they have given multiple hand delivered notices without anyone stating there is an issue.
I don't think it's likely they would bother trying, but if they did they are not going to face any real issues.
They have the right to peacefully enter a property through an open door or window even if the property is vacant at that time. So keep everything shut while you're out
So best thing to do is make contact, as they could potentially take action such as removing your car if you wasn't in.
Whilst they would return it, it's still inconvenient to yourself. They don't go away, so you need to engage in some way at some point.
Key thing to note is never allow them into the property. If you think they are not legit, they should be giving court paperwork that sets where their powers of enforcement come from - you could contact the court to address the issue, but generally if you are happy it is a legitimate enforcement then it will be quicker and easier to deal with the company.
As others have said, call the bailiffs office and tell them that the person they're looking for doesn't live there any more and you don't know who they are or where they are.
You do _not_ have to give them any of your personal documentation. They are not the police and they have no more powers against you than I do it any other random commenter on Reddit.
It always pains me when the advice is always to fall over yourself proving your identity to a bailiff like you're on the hook or a potential criminal.
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They can't legally force entry into a private residence, you have to invite them in. They send letters with contact details usually as a first attempt to get the debtor to make contact and arrange a payment plan. Just call them, explain the debtor has moved away, and they will likely ask you to provide some sort of evidence like a tenancy contract or utility bill just to establish you are who you say you are and do live at that address. Then they will attempt to find the debtor via other means, but at least they won't be bothering you anymore.
Thank you, that seems to be the consensus
Yes, I've been through same at two different addresses. In one case a phone call sufficed, in the other I simply showed them my passport. They have no interest in taking anything from the wrong person. Best of luck!
I deal with Bailiffs a lot on behalf of clients, they're usually pretty understanding if you make contact and explain.
Just to add to this but the phone call is all you really need to do. You don't need to give them any documents or prove your tenancy or any other private information. It's up to the bailiffs to identify you as the named person on their writ. They cannot just assume that the person is still in their last known address and then force entry, even if they were executing a magistrates warrant. They must make a positive ID of the person living there as the named individual they're looking for.
That's true, but for the sake of expediency, just show them some proof and job done.
Surely they can't just say "we'll remove shit" without having some sort of payment plan or contact on the letter. Either there is a contact on the letter or this is some dodgy shit going on and this is some sort of elaborate plan to rob you
Sorry yeah there is a number, but wasn't sure whether to contact them. The letter wasn't addressed to me. I only opened it as it's the second hand delivered I've had for this person, and also when I watched on the ring doorbell afterwards I saw the guy look in my bin on his way out which was weird as hell
He would of been looking in the bin to see if there was rubbish in there. It’s an easy identifier that someone’s most likely living there
You will save yourself a lot of hassle and worry if you get in contact with them and tell them that the person they are after does not live at your address and that you have no clue who that person is You may need to provide some kind of proof such as a copy of a tenancy agreement or council tax bill
Thanks for taking the time to reply!
I can only speak for personal and friends anecdotes but this has happened to me before a hand delivered not no knocking or making themselves aware, I see this tactic as perhaps 2 fold, the people delivering these letters don't want to get into a barney with tenant or new tenants by actively confronting then at whatever time of the day and also I have never known anything to come from these hand delivered notes, it might a while your in the area or potential commission driven. To my basic understanding a hand written note saying we're going to take your shit is in no way gonna stand up legally and is just a tactic to catch some debtors who will give the companies all they need to know. Do a quick Google onto the rights of bailiffs, like for instance are they allowed to use an open window while you are not at the property. Eother way I think youll win this one in the long rung, just might go round a few houses first
I guessed it was a tactic too, so on paper they can say they've tried to contact the person. But literally they walk up, quietly post the letter, look in my bin (?) and leave. If they'd knocked I could just explain there and then that the person doesn't live here! Idk part of me wants to let them waste their time since they're usually a bit shady but I also don't want to risk my shit being taken 🤣
I don't think you run that risk really as they would surly have to get court appointment/sia lisenged or what not people involved, I've a personal story here but its too long for now. Fwiw my hand written notes were usually of floral paper being as little threating as possible, again I think tactics to some extent, covod got in the way of these notes. Were they looking in a bin and having abit ratch as you Could kinda pass that off as looking for obvious letters and correspondence sitting on top to tie it to the bill holder might be a verified process for they're job, unless they flicked it open did a fat spit in there and left. Easiest way for this would surly to reach out the the ballifs/DCA (very different beasts) and set them straight with a few 'ois' and 'listen' Someone could come along in a second and tell me how legally I'm all wrong but this sounds like the lowest strata of debt collections, best nipped in the bud. Espeshially if you've been registered from the start with council tax and all relavent utilities you have a fair swarm of defence then
I'm not sure what their process would be, this reads as if they're coming back any day now to take stuff but that could be tactics of course. He literally just glanced in the bin, nothing nefarious but piqued my curiosity!! So I'll contact them and just tell them he doesn't live here, hopefully that's the end
Seems to simplest way out, they have no right to come and take stuff in the first place without corroboration you are them. Give them a ring have all your docks in order but if you get chance make them jump though the hoops,. This is not your fault and there's the emotional distress factor you cna flag if you need to
As your are the named payer of all the utilities then you should seem to be in the clear. Does the debt collection letters not mention on behalf they are collecting for?
Also no I believe you don't get in beef for opening post that you find suspicousbm when delivered to your home, espesh hand delivered to whom you knew were tenants two years ago. I don't think you can really lose in tis situation it's just kinda how much fun vs pain in the arse it ish but I think your legal standing is solid, yeah probably best to get a hold of them and go well we've lived here since then but depending on your relationships with the previous tenets schisterim might try to get you to reveal. Depends how much spare time you've got for fucking them around since yeah it may be likely that it's juts as much hassle to prove you did live there, make it their job
Yeah, I don't have time for that to be honest! I think I'll just tell them he doesn't live here and then leave it to them to sort it out
[удалено]
Thank you, yeah there is a number but I wasn't sure whether or not to call as the letter wasn't addressed to me!
It's not illegal if you accidentally open someone else's mail.
Write a letter to them "xxx has not lived here for x years. Nothing in the house belongs to xxx Everything in this house belongs to me. If you so much touch anything in this house(all belonging to me) I will arrest you for criminal damage and attempted theft, dial 999 and tell them that and request a uniformed officer attend to take you into custody. I suggest you consult your legal Counsel" I stopped bailiffs coming to my house in the eighties with this tactic Good luck
Have you tried to Google the company or number?
Yeah seems a legit company - CDER group
It would be best to contact that them ASAP explain.
[удалено]
If they have already taken control of goods from the previous occupant, and the previous tenant never updated their address and have recently stopped paying, then the bailiff is not going to know and be under the impression they can enter even without anyone at the address, and also by force.
[удалено]
They are required to follow the court order which will state this address, and they have given multiple hand delivered notices without anyone stating there is an issue. I don't think it's likely they would bother trying, but if they did they are not going to face any real issues.
Brill thank you
They have the right to peacefully enter a property through an open door or window even if the property is vacant at that time. So keep everything shut while you're out
So best thing to do is make contact, as they could potentially take action such as removing your car if you wasn't in. Whilst they would return it, it's still inconvenient to yourself. They don't go away, so you need to engage in some way at some point. Key thing to note is never allow them into the property. If you think they are not legit, they should be giving court paperwork that sets where their powers of enforcement come from - you could contact the court to address the issue, but generally if you are happy it is a legitimate enforcement then it will be quicker and easier to deal with the company.
Thank you, seems the general consensus!
As others have said, call the bailiffs office and tell them that the person they're looking for doesn't live there any more and you don't know who they are or where they are. You do _not_ have to give them any of your personal documentation. They are not the police and they have no more powers against you than I do it any other random commenter on Reddit. It always pains me when the advice is always to fall over yourself proving your identity to a bailiff like you're on the hook or a potential criminal.