Bailiffs, what were they trying to get us to sign?

lifechooser · 8 April 2014 at 9:55AM

We had bailiffs visit on Friday, with notice to clam goods. (The debt is not ours, it relates to the previous owners of our house who left for Australia over 2 years ago, but that's a whole other thread)

My wife answered and would not accept that we were not the people they were chasing, even though house sale information and electoral rolls are publicly available as proof.

After a while the bailiffs took a softly softly approach and asked my wife to sign a document they had to say that she was unrelated to the debt.

Suspiciously, the bailiff would not let her take a copy to read and sign later, or even hold the clipboard the paperwork was on to read it properly. Sensibly, my wife told them to do one.

The bailiffs did not leave a card or any other information. But I am intrigued, what could this form have been?

National_Debtline · 8 April 2014 at 10:03AM

Hi there

Interesting - I'm afraid I can only speculate though. It sounds as if the bailiff had a ready-made document for exactly such a scenario - that is, if we assume that said document was in fact what he suggested it was, and not some sort of "walking possession agreement" in disguise. I wouldn't put it past certain bailiffs out there to plough on with enforcement even if they had good reason to believe that the debtor had long since vacated the property.

(NB I am aware that under the new rules in effect since Sunday, the concept of "walking possession" no longer exists, at least not in name).

Did you establish which bailiff firm this was, and on whose behalf they were acting e.g. local council?

Regards

Dennis @NDL

lifechooser · 8 April 2014 at 10:15AM

No, and they didn't leave a card either. They were very suspect.

FireWyrm · 8 April 2014 at 10:19AM

I recon it was a walking possession they were trying to trick you into signing. This is outrageous behaviour and I would vigorously complaining to both the council and the bailiff company as well.

Use this procedure : https://www.gov.uk/your-rights-bailiffs/how-to-complain-about-a-bailiff

I would then follow it up with an even more vigorous email to your local MP since this was a bailiff acting on behalf of a local authority and I would demand compensation frankly. This is one of those cases where you should slap them with the same force that they tried it on with you since bailiffs have been allowed to run riot for far too long.

BitterAndTwisted · 8 April 2014 at 11:05AM

Unfortunately, in the OP's case they don't know which bailiff firm they were or who the debt was owed to, so how would complaining to the council help?

The next time these bailiffs show up, I would suggest you have proof of ID to hand, plus a copy of the Land Registry docs and your latest Council Tax demand to prove you are not the people they are looking for and that they don't live there any longer. Don't expect them to do their homework before coming back.

quidsy · 8 April 2014 at 11:13AM

If they come back refuse to engage until you are given a business card or some proof of ID. They could pretty much be anyone.

lifechooser · 8 April 2014 at 12:20PM

The next time they visit, we are going to take photos of everything we can. ID's, faces, paperwork, their van etc... We will also have home ownership paperwork to hand.

Meanwhile we are trying to disassociate ourselves as much as possible. Every letter we get we will reply to with copies of house buying paperwork. We've also got in touch with the DVLA and fraud hotline to try to disassociate them from our address that way.

I can tell this is going to be a long journey.

FireWyrm · 8 April 2014 at 12:41PM

Remember that you neednt strive officiously. It is for them to prove you owe the debt and not for you to trouble yourself proving you do not. By all means get their contact details when and if they show up again, but beyond showing them a driving license and perhaps a council tax bill, you have been perfectly reasonable and done all you can to get rid of them. If they then persist, this is harrassment for a debt you dont owe and you can rightly slap them with official complaints.

hallowitch · 8 April 2014 at 1:37PM

I wonder if the bailiff was trying to get you to sign a controlled goods agreement (new name for walking possession agreement ) did you have a vehicle on your drive or parked right outside your home

the new regulations didn't come into force until Sunday but nothing would surprise me

Your wife did well not to sign anything

personally I would be opening all letter addressed to the previous owners

lifechooser · 8 April 2014 at 2:00PM

Yes, there was a car on the driveway that would cover as much as they were trying to claim back.

It's all very well that we shouldn't have to strive officiously, but if we don't this could go on for years.

FireWyrm · 8 April 2014 at 2:28PM

lifechooser wrote: »

Yes, there was a car on the driveway that would cover as much as they were trying to claim back.

It's all very well that we shouldn't have to strive officiously, but if we don't this could go on for years.

No it wont because continued visits etc after you have warned them in writing is straying into the realms of harassment and you are well within your rights to complain to everyone and their dog about it, but you need to know who to complain to.

Bailiffs, what were they trying to get us to sign?

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