Debt Collector Threats

Martynt74

Martynt74

Martynt74

Soldato
Joined
20 Feb 2004
Posts
24,381
Location
La Romana, Spain
Hi Guys

We’ve received a letter from Marstens debt collectors in relation to a debt of her sons (who no longer lives with us), the letter says the debt is owed to Hm courts & tribunals and that they are able to come round with a locksmith to remove goods.
She’s called them to explain the situation and they’ve said that we need to fax proof of our address to them for some reason. However we’re unable to do that at the moment as our fax machine is broken. If they try to come at any point this weekend is there anything we can do to refuse entry etc? Obviously none of his stuff is here and I believe they can’t just take anything they want to cover the debt but I also know debt collectors tend to be ******* to deal with
 
As far as I understand it, you shouldn't let them in unless they have a warrant. So don't let them in! Also only correspond with them in writing and keep a record of all correspondences.
 
I've not seen the letter yet so not quite sure the full situation

But hyperthetically if they did come with a warrant and a locksmith, and we were out. What would they do? Obviously with having none of the debters goods at our house they legally shouldn't take anything but whats to stop them?
 
Marvt74 said:
I've not seen the letter yet so not quite sure the full situation

But hyperthetically if they did come with a warrant and a locksmith, and we were out. What would they do? Obviously with having none of the debters goods at our house they legally shouldn't take anything but whats to stop them?
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Threat of being charged with theft I would imagine.
 
The debt belongs to her son, not the address. "No longer at this address" should be enough. I would send them a recorded letter stating that he is no longer at the address, and any further misdirected threats will be classed as harassment and reported to the police. They legally cannot seize anything from you. It's typical bullying tactics they employ.

Note she is under no obligation to provide his address (Data Protection). Don't bother faxing them any proof. I must admit though anyone deliberately escaping debt deserves to be chased down, the previous owner of my place owed £10,000s, and I was glad they found out where he lived to chase him.
 
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They are NOT legally entitled to enter your home unless you answer the door. Basically, THIRD PARTY baliffs CANNOT LEGALLY enter your premises if you never answer to them. It will eventually go back to the courts if you leave it long enough. BTW.. there is no obligation on your part to help them out. Just send a recorded letter saying he doesn't live there.

Additionally, as far as I'm aware (I used to work in a magistrates), the only people that are allowed to threaten you (legally), are the people from the courts that may be phoning you up. THIRD PARTIES are not legally allowed to threaten you, which is why this letter is actually pretty interesting. I think they are trying scare tactics which they legally are NOT allowed to do.

Reply recorded as mentioned and demand a reply within 14 days.


(on the other side of things, I was under the impression that only court appointed baliffs and officers could serve a warrant. Third Party baliffs cannot serve warrants as such - I might be wrong on this one.)


p.s. for the love of anything, DO NOT answer the door if you see some random blokes there.
 
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If they're claiming that the debt is owed to the HM Courts then they'd be able to force entry.

OP, is your son on the Electoral Role at your house?

If they do get in then I found this on the Thames Valley Police site :-

If a bailiff does gain peaceable entry to your home then they will take any valuable goods. It is for the occupier of the premises to prove that the goods belong to someone else
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In this case they'd need to prove that they own them and not the son.
 
As said, they aren't allowed to come into your house without permission unless they have court permission. Probably best not to answer the door to be on the safe side though and if you do keep any relevant documents nearby. In addition, I'd be caerful about having a car parked outside in case they decide to lift it.
 
Burnsy2023 said:
Unless they believe he is still living there and think they are seizing his property.
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"believe"/"think" is hardly sufficient grounds, and recent post above covers it well.

As I said - recorded letter, tell them to leave you alone or you will go to the police. They have absolutely no right to harass you, and you should not feel the pressure to prove that the person does not live there. if they ever actually visit, don't let them in and phone the police.

Energizer Bunny said:
As said, they aren't allowed to come into your house without permission unless they have court permission. Probably best not to answer the door to be on the safe side though and if you do keep any relevant documents nearby. In addition, I'd be caerful about having a car parked outside in case they decide to lift it.
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court permission is against the person at that address not the address. The laws changed 20+ years ago on how debt was recorded.
 
Debt collectors and Court appointed bailiffs are very different things. It is a criminal offence for a debt collector to impersonate a bailiff.

A court appointed bailiff with a court order for possession can enter your home to remove goods. A debt collectors cannot unless you invite them in. Even after inviting them in you can always ask them to leave and they need to comply. They are private individuals with no powers.

If anyone turns up at the door ask to see their court stamped and issued warrant. Without it they cannot do anything.
 
Just be sure that the debt isnt with the Inland revenue or the Vat man etc as I think they have more rights to persue the debt.
Its just with it saying its owed to HM Courts and tribunals, that doesnt sound like a normal CCJ usually dealt in the county courts etc.
 
steve-h said:
Do you know how they'd go about proving he's living there?

Would they have to?
Would they just go on records?
Would they get in touch with the people who live there?
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They don't need to prove it, they just need an honest belief that their actions were lawful to have a defence against theft.
 
I would guess they go on address supplied to court by person/company who brought the prosecution.

Surely though the same address would have been used asking him to attend court in the first place, assuming hes done something bad in this case to warrant the debt being chased
 
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