Need advice - Debt recoveries

DB_SamX · 27 Aug 2008 at 14:12

Vix said:
Interesting, we were pestered a lot at our old house as the landlord was in massive debt by the sounds of things. At one point the bailiffs (or whatever) turned up whilst Phil was home, and he had to produce all sorts of id to prove he wasn't the man they were looking for! I was terrified that we'd find the house repossessed one day!

We are still getting calls for the man though, as we transferred the phone number to our new address, and it is a bit annoying as they ask loads of questions when you say the man they want isn't there. I will remember that Admin of Justice thingy line next time

I successfully used it (among other things) twice to stop debt collectors chasing me for unlawful parking fines.

gam3r · 27 Aug 2008 at 14:29

Well i just gave the debt recovery agency a call, i was asked numerous times if i knew the bloke and obviously i didn't so they said they removed my address. They mentioned i should be worried as the guy took out a contract at this address with Vodaphone last year(how the hell did that pass credit checks?) and that maybe i should give voda a ring.

Burnsy2023 · 27 Aug 2008 at 14:51

AtreuS said:
Also be on the look out for official looking letters addressed to the dodgy person, they could be court papers.

Its possible that a court case could be heard, he doesnt turn up of course as he isnt there.... you dont show up as you dont know about it and so a judgement is made against him ( they still assume he lives there remember ) and so the proper bailiffs get on the case AND they have a court order now.

Id say its best to try and get this resolved, as just leaving it could result in the above scenario ( i know a person this happend to and he got court appointed bailiffs banging him awake on a monday morning... they simply did not belive him about the fact that the person had never lived there, they had a court order and they were not leaving untill they got some stuff etc etc. In the end he had to call the police and even than they wouldnt help as they had a court order! ). Things can get very nasty once a court order has been made, the old "but he doesnt live here" doesnt wash with them... its the oldest excuse in the book.

Court orders mean nothing if the judgement isn't against you. As long as you prove that you are who you say you are and that no property of the said person is at your property they can't touch anything.

Strictly speaking, you shouldn't open any mail that is not addressed to you as it is unlawful to do so.

Burnsy

AtreuS · 27 Aug 2008 at 15:22

Burnsy2023 said:
Court orders mean nothing if the judgement isn't against you. As long as you prove that you are who you say you are and that no property of the said person is at your property they can't touch anything.

Strictly speaking, you shouldn't open any mail that is not addressed to you as it is unlawful to do so.

Burnsy

I was saying that once they do have one then telling them at the door at 6am on a monday morning that "sorry the guy doesnt live here" usually doesnt go down too well. These guys hear every excuse under the sun and usually once they have a court order they think they are on a home run.

Yes the order is meaningless as its not against you, but convincing the gorilla's at the door of that isnt a nice thing to have to do. Get it sorted asap is the best advice, and i see the OP has done just that so

Burnsy2023 · 27 Aug 2008 at 15:27

AtreuS said:
I was saying that once they do have one then telling them at the door at 6am on a monday morning that "sorry the guy doesnt live here" usually doesnt go down too well. These guys hear every excuse under the sun and usually once they have a court order they think they are on a home run.

Show them your ID, some bills and then shut the door and go back to bed. They're powerless then.

Burnsy

AtreuS · 27 Aug 2008 at 15:33

Burnsy2023 said:
Show them your ID, some bills and then shut the door and go back to bed. They're powerless then.

Burnsy

The person im talking about showed them a passport and several bills, they didnt care. They just kept shouting for the guy to come to the door and then went round the back of the house and were trying windows and doors and stuff, thats why he called the police.

The police came and looked at the court order and said that they were powerless to do anything unless there was a breech of the peace etc.

The problem is that yes you can prove that YOU arent the guy in question ( with some photo ID ) but that doesnt prove that he isnt there and doesnt live there. The bailiff guys literally camped outside for hours and lept coming up and HAMMERING the front door, all the neigbours came out and his wife was in tears. They came at about 6am and it wasnt untill 9am when he was able to get someone from the court to call them off that they went away.

Just saying here is my passport im not the person and he isnt here now go away you are powerless is very very unlikely to allow you to go back to bed.

As it turns out the lad in question had been a victim of identity theft and it took months and months to sort it all out. He was a co worker not a close friend so i dunno the major ins and outs of what he had to do to clear his name.

edit: i remember him saying that somehow the name of this guy was on the electoral register for their address as well! he only found this out when investigating the other stuff. God knows how he managed to get his name on someones address on the register but i suppose thats why the bailiffs were so adamant?

Burnsy2023 · 27 Aug 2008 at 15:44

AtreuS said:
The police came and looked at the court order and said that they were powerless to do anything unless there was a breech of the peace etc.

If they don't leave have them arrested for harrassment, or phone their supervisor and complain. Their scare tactics simply wouldn't work with me.

Burnsy

AtreuS · 27 Aug 2008 at 15:51

Burnsy2023 said:
If they don't leave have them arrested for harrassment, or phone their supervisor and complain. Their scare tactics simply wouldn't work with me.

Burnsy

lol have them arrested? didnt see you see thet bit where the police said they were powerless to stop them? and like i said they came at about 6am so no supervisor contactable till 9am start of office hours.

The only way the police would have done something is if they had come to blows or tried to break in. Apparently banging on someones door for 3 hours isnt arrestable in britain.

When its actually happening to you your options are very few it seems from the story i was told. Unless they actually try to break in or hit you then they wont be arrested, court appointed bailiffs im talking about here, with a vaild court order ( even though its wrong ). The police simply wont get involved unless it comes to blows.

Burnsy2023 · 27 Aug 2008 at 15:54

Harrassment is an arrestable offence. I'd also use reasonable force to escort them off the property.

Burnsy

AtreuS · 27 Aug 2008 at 15:57

Burnsy2023 said:
Harrassment is an arrestable offence. I'd also use reasonable force to escort them off the property.

Burnsy

Well im sure you would

though i suspect you would be the one arrested for touching them...

If harrasing was arrestable dont you think the police would have done something when they were called?

Bailiffs know the law very well and i suspect they would do everything to make your life hell but not break any laws. Maybe if your house was back from the road and had a big garden you could do them for trespass but in this case it was a street facing terrace. The police simply said that they have broken no laws and so they could do nothing to help.

Born_2_Kill_83 · 27 Aug 2008 at 16:01

Cant this actually effect your chances of getting credit as the address you are living at has bad history to its name?

DampCat · 27 Aug 2008 at 16:12

Yes, but this is explained quickly and easily. I had the issue for a short time until my bank had verified (however they do it) that we were the new owners of the house.

DampCat · 27 Aug 2008 at 16:19

AtreuS said:
Bailiffs know the law very well and i suspect they would do everything to make your life hell but not break any laws. Maybe if your house was back from the road and had a big garden you could do them for trespass but in this case it was a street facing terrace. The police simply said that they have broken no laws and so they could do nothing to help.

Now, i dont know this for sure... but i was under the impression that you own the pavement immediatly in front of your property? Because you can choose to have it lowered for a drive if you wish.

Even if that isn't the case, your property is your property, facing the street or not. Tresspassing is tresspassing even if it's only 6ft from the road.