Housing problems - Baliffs. Advice?

Hellsmk2

Hellsmk2

Hellsmk2

Soldato
Joined
18 Oct 2002
Posts
4,639
I'll preface this by saying I've just phoned citizens advice and their phone line is closed :/

The problem: I moved into my flat around this time last year. I've since paid all bills on time without fail. My landlord on the other hand did not pay his council tax for two months prior to myself moving in.

The first we knew of this is when we received a court summons in regards to this addressed to the landlord. I contacted the letting agents and sent them the mail with a letter explaining the situation. They sent it back to myself with a note telling me that there are unpaid bills (duuuhhh!!!), obviously having not looked at the letter I'd sent with it.

I also got in touch with the council to tell them I was a new tenant and to check their own records to see that I started paying council tax in June 2006 and that everything had been registered to myself. I thought this would be enough to make them realise that the landlords bill was not mine - y'know, having it all there in black and white in their own damn records! Oh how wrong I was.

Over the course of the last year I received letter after letter from the council addressed to the idiot landlord (who is completely AWOL somewhere in America). After each one I phoned and e-mailed the council to inform them of their stupidity. I never received one reply to an e-mail, each of which would apparently be "responded to within a 24 hour period." The final letter I'd received from the council was to let me know that they'd passed it over to a baliff company called Equita. Equita are equally as incompetent as the council, my letting agent and my landlord.

After many arguments with idiots at Equita who would outright not believe I was not my landlord, I finally spoke with the baliff directly who informed me that they would not be pursuing the case and that he'd sorted everything with the council. That's not where it ends...

I had three months without any threatening letters until about 2 weeks ago where Equita sent three threatening letters. The first was a 24 hour removal notice. I contacted them and they hung up on me (I was not rude!). I didn't let them in as without a court order they cannot legally enter my flat. I then received another removal notice a couple of days later. Usual rubbish - move on. Now I have the letter I've been dreading - Removal notice with a court order.

I contacted them again and they've put it on hold until this Friday. Last Friday I spoke with my letting agents and gave them the full details again and demanded they get in touch with Equita immediately. They agreed and for the first time gave me the answers I wanted to hear. Skip to today. I've phoned the letting agents up to confirm they've carried out what they should have done last year. The lady on the phone - "we have no records of this."

Now with three days before they kick my door down and take my belongings for a debt not owed by myself... what in Gods name are my options? The council won't act. The letting agents are incompetent idiots. Equita are complete bullying morons.

My idea: Pay the idiot landlords bill for him (around 400 quid with the charges Equita have added) and deduct it from the rent this month. This also means canceling my DD to the letting agents. What is the legal stance on this? Will the letting agents have recourse to take action against myself in this situation?

Alternatively - Does anyone have any other ideas on how to end this before Friday?
 
Blimey!

Do you have proof of when you moved in, if so when the Baliff turns up (they can't get entry without you being there) just show them that the Bill was incurred before you moved in.

HEADRAT
 
I've already done that with the first baliff they sent who later called to tell me that he'd not pursue it further and had sorted everything with the council for me. :(
 
Stop paying the idiots money and move out in the next 2 days. Otherwise when they take your stuff you have 0 comeback.
 
Hellsmk2 said:
I'll preface this by saying I've just phoned citizens advice and their phone line is closed :/

The problem: I moved into my flat around this time last year. I've since paid all bills on time without fail. My landlord on the other hand did not pay his council tax for two months prior to myself moving in.

The first we knew of this is when we received a court summons in regards to this addressed to the landlord. I contacted the letting agents and sent them the mail with a letter explaining the situation. They sent it back to myself with a note telling me that there are unpaid bills (duuuhhh!!!), obviously having not looked at the letter I'd sent with it.

I also got in touch with the council to tell them I was a new tenant and to check their own records to see that I started paying council tax in June 2006 and that everything had been registered to myself. I thought this would be enough to make them realise that the landlords bill was not mine - y'know, having it all there in black and white in their own damn records! Oh how wrong I was.

Over the course of the last year I received letter after letter from the council addressed to the idiot landlord (who is completely AWOL somewhere in America). After each one I phoned and e-mailed the council to inform them of their stupidity. I never received one reply to an e-mail, each of which would apparently be "responded to within a 24 hour period." The final letter I'd received from the council was to let me know that they'd passed it over to a baliff company called Equita. Equita are equally as incompetent as the council, my letting agent and my landlord.

After many arguments with idiots at Equita who would outright not believe I was not my landlord, I finally spoke with the baliff directly who informed me that they would not be pursuing the case and that he'd sorted everything with the council. That's not where it ends...

I had three months without any threatening letters until about 2 weeks ago where Equita sent three threatening letters. The first was a 24 hour removal notice. I contacted them and they hung up on me (I was not rude!). I didn't let them in as without a court order they cannot legally enter my flat. I then received another removal notice a couple of days later. Usual rubbish - move on. Now I have the letter I've been dreading - Removal notice with a court order.

I contacted them again and they've put it on hold until this Friday. Last Friday I spoke with my letting agents and gave them the full details again and demanded they get in touch with Equita immediately. They agreed and for the first time gave me the answers I wanted to hear. Skip to today. I've phoned the letting agents up to confirm they've carried out what they should have done last year. The lady on the phone - "we have no records of this."

Now with three days before they kick my door down and take my belongings for a debt not owed by myself... what in Gods name are my options? The council won't act. The letting agents are incompetent idiots. Equita are complete bullying morons.

My idea: Pay the idiot landlords bill for him (around 400 quid with the charges Equita have added) and deduct it from the rent this month. This also means canceling my DD to the letting agents. What is the legal stance on this? Will the letting agents have recourse to take action against myself in this situation?

Alternatively - Does anyone have any other ideas on how to end this before Friday?
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Be in the house when they're due to arrive, call the police when they do and explain that you're being broken into, when you prove to the police that you're not who the bailiffs are after they'll send them on their way.

Legally they can ONLY take goods belonging to your landlord, if they take yours, it's theft.
 
surely you have the tenants agreement/contract which clearly states your name and date you moved in, as well as the landlords name? I don't see how they can force you to pay someone elses bills? :confused:
 
Blinkz said:
surely you have the tenants agreement/contract which clearly states your name and date you moved in, as well as the landlords name? I don't see how they can force you to pay someone elses bills? :confused:
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Exactly, and if you don't have it get it PDQ :)

Cuchulain said:
when you prove to the police that you're not who the bailiffs are after they'll send them on their way.
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Certainly an option as a final resort.
 
Hellsmk2 said:
My idea: Pay the idiot landlords bill for him (around 400 quid with the charges Equita have added) and deduct it from the rent this month. This also means canceling my DD to the letting agents. What is the legal stance on this? Will the letting agents have recourse to take action against myself in this situation?

Alternatively - Does anyone have any other ideas on how to end this before Friday?
Click to expand...

I wouldn't do that, as I believe it may be seen as you accepting the debt as your own.

I'd certainly get some legal advise before deciding what to do.

With this going on for so long, and with it starting to get so serious - have you not already thought about getting some legal advice? You've clearly found your contact with the various parties to be getting dealt with by incompetent people. If I were you, I'd get some proper advice as to how to resolve the situation.
 
We have a copy of the contract showing the date we moved in (16th June 2006) which they have seen. They simply appear to have completely ignored it.

Leaving the flat is unfortunately not an option. I'm leaving the country in a couple of months anyway and until then have absolutely nowhere I can move to, even temporarily.

edit: Legal advice is certainly an option. I've just set a meeting up with the council for this afternoon too, though as they've already passed on the debt to Equita, it's my guess that they will do sweet F. A.
 
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Be in the house when they're due to arrive, call the police when they do and explain that you're being broken into, when you prove to the police that you're not who the bailiffs are after they'll send them on their way.
Click to expand...
Legally they can ONLY take goods belonging to your landlord, if they take yours, it's theft.
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^^^ what this guy said.

Also you could try http://www.consumeractiongroup.co.uk/
 
I'm astounded that there's not one person you can speak to who will believe you. I've had bailiffs round before for the previous tenant and it took one phone call to them and it was all sorted out.

To be honest - if you really have NO-ONE who can listen to you - pay the £400 and say to the agents you're deducting it from the rent, and post them any relevant paperwork by recorded delivery. It's far quicker than anything else and you're entitled to do this.

Who are the agents out of interest?
 
When the baliffs show up with their court order, call the police. As others have said, they can only take things belonging to the landlord, if there is nothing of his in the your home, the police will move them along.
 
The letting agents are Belvoir. Utter incompetence of the highest order displayed on their part.

I've been astounded too - it has literally been brick wall after brick wall on every single side.

I know it is legally theft if they take any of my belongings, but I want to prevent that in the first place. I don't want a kicked down door on my flat and to have to then start the process of reclaiming my stuff, pressing charges, etc. My neighbour had her door kicked, for other reasons, in and it took the agents two weeks to replace the door (she always had to have someone in the house as she was using plywood for a door in the meantime).

edit: Also, if they can take the landlords property, that could leave me with no washing machine, sofas, wardrobes, etc... all of which I pretty much need.

It really is a ludicrous situation that I wish I was embelishing/ making up. I have all the paperwork and letters over the past year to prove all correspondance. I'll hand that over to the council (again) today and plead with them to do something.
 
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I haven't heard of Belvoir, they sound like they could be part of a very small chain or a one-off. Either way that's generally bad news. If you have £400 pay the bailiffs - then write a letter to the agent detailing the fact that you will be deducting that from next month's rent and include any relevant paperwork. That's the quickest way to sort it out.
 
Make sure you have the letters addressed to the landlord to hand and your passport so that you can easily show that you're not the person in question.

Meet the baliffs outside the house (obv don't invite them in), explain the situation and show the documentation you have. Inform them that you're not the individual referenced in the letters and that if they attempt to access your property and/or remove any of your belongings you will phone the police to report it as theft. Have your mobile on you and ring the old bill if necessary.

Good luck & let us know how it goes!
 
Hellsmk2 said:
It really is a ludicrous situation that I wish I was embelishing/ making up. I have all the paperwork and letters over the past year to prove all correspondance. I'll hand that over to the council (again) today and plead with them to do something.
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Why not pop down to the local Police Station and ask their advice?

HEADRAT
 
I'll add to my list of things to do today. So far:

- Phone letting agents on my lunch and tell them I am going to pay it on Thursday if they do not act, and prove they have done so, by then.

- Meeting with the council this afternoon.

- Pop in to the local police station to see what they can suggest.

Anyone have any other plausible advice? Thanks for all the advice so far.
 
Hellsmk2 said:
edit: Also, if they can take the landlords property, that could leave me with no washing machine, sofas, wardrobes, etc... all of which I pretty much need.
.
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Firstly, they **CANNOT** take household essentials (so cooker and washing machine cannot be touched), however they can take TV e.t.c.

Secondly, they CANNOT take your items - only stuff belonging to the landlord.

Finally, do NOT pay them - doing so will be seen as an admission the debt belongs to you and will make it very difficult (if not impossible) to reclaim the money.

EDIT -> From this site; "http://www.southbristoladvice.org.uk/debt.html"

What can they take?


For most types of debt, bailiffs can’t take ‘basic household items’. This means that they could not take your bed – but they could take your television.
 
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Just checking some advice sites and read this:

Can a bailiff force his/her way into my house?
Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare.
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Are you sure that they can force entry even with a court order? Make sure every window/door is securely locked.

Also:

Bailiffs acting on behalf of the magistrates' court cannot seize the following goods:

* clothing, beds and bedding tools of the trade
* basic domestic needs of the family would normally include fridge, cookers, freezers, but may not include video recorders, second TV's, jewellery, washing machines, stereos or microwave cookers.
Click to expand...

http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.htm
 
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Firstly, bailiffs cannot forcefully enter your property without the assisstance of the police, hence to tell the police the story and then they can't gain entry.

Secondly, whose name is on the court order? Say that they do not live at that address and that they have no property there to sieze.

As has been said, under NO circumstances pay any money whatso ever.

They have no right to take any of your posessions at all.

Burnsy
 
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