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  • FIRST POST
    • Beckt2454744
    • By Beckt2454744 8th Jun 17, 3:28 PM
    • 5Posts
    • 0Thanks
    Beckt2454744
    Bailiff - sending post to work
    • #1
    • 8th Jun 17, 3:28 PM
    Bailiff - sending post to work 8th Jun 17 at 3:28 PM
    Hi,

    I'm asking for a friend and I've searched but cannot find the information I need. If you have another post I can read please feel free to re-direct me and I will delete this one.

    My friend has received a bailiff letter at his work address regarding rent arrears from 2012. He claims to not have been aware of this and thought he had paid 3 months arrears that he had with his ex-wife.

    I'm just trying to find out whether the bailiff is breaking any regulations by contacting him at his work? Obviously, it's highly embarrassing for him to have his post opened by the receptionist (as per working practice there) and have her now know this information.

    He's had nothing at his current address and his ex-landlord knew his forwarding address, mobile and e-mail (no changes since 2012).

    The recovery of the debt is another question and if he does owe it he is happy to pay it back.
Page 1
  • National Debtline
    • #2
    • 8th Jun 17, 3:52 PM
    • #2
    • 8th Jun 17, 3:52 PM
    Hi Beckt,


    Bailiffs shouldn't be sending correspondence to work addresses, especially if they have the correct residential address. They may try and justify it and argue it was the only address they had for him or if your friend is self employed in anyway then they may argue it was reasonable to use that address. To which your friend can make a formal complaint to the organisation concerned and should be able to escalate it as well.


    Is he certain this is a bailiff and not a debt collector? If it is a bailiff it would mean there is a CCJ as well (which will need to be disputed/ paid and will be damaging his credit file). This is important to check because if it is a bailiff he will need to make sure that he keeps his home locked and secure, refuses to let them in and hides anything valuable outside (like a car) to prevent the bailiffs taking control of his goods.


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Beckt2454744
    • By Beckt2454744 8th Jun 17, 4:24 PM
    • 5 Posts
    • 0 Thanks
    Beckt2454744
    • #3
    • 8th Jun 17, 4:24 PM
    • #3
    • 8th Jun 17, 4:24 PM
    Hi Laura,

    Thank you for your reply.

    It is definitely a bailiff, since my original post I've seen the order and it is county court appointed but he has not received anything prior to this. It is worrying about the CCJ as he has not received notification of this either. Should this have gone to the same address?

    He is self-employed, so thank you for that bit of information!

    Luckily, he doesn't have a car or anything of value that they could take control of but I will still let him know to be wary.

    Am I correct in assuming rent arrears for a joint tenancy should be recovered from both parties or is it a simple "whoever they can locate" will pay?
    Last edited by Beckt2454744; 08-06-2017 at 4:35 PM. Reason: New info.
    • Pixie5740
    • By Pixie5740 9th Jun 17, 6:32 AM
    • 10,381 Posts
    • 14,221 Thanks
    Pixie5740
    • #4
    • 9th Jun 17, 6:32 AM
    • #4
    • 9th Jun 17, 6:32 AM
    Joint tenants each have joint & several liability for the whole rent. Legally there's no such thing as "his share" and "her share." The landlord can pursue either or both joint tenant for arrears.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
  • National Debtline
    • #5
    • 9th Jun 17, 12:16 PM
    • #5
    • 9th Jun 17, 12:16 PM
    Hello again,


    The court papers should've gone to the last known UK address, as he didn't receive them and he thinks the original debt could be incorrect, he may be able to challenge this with a set aside application. This is an application that takes the judgement back to the beginning.


    The court will normally assess, how long it has taken him to file this application since the judgement was made (was he prompt), why didn't he respond to the original claim forms and does he have a realistic prospect of a defence. He may need to find out more about the debt itself and I would suggest that he takes some legal advice before doing this, because the application itself will cost £255 to submit, but if he is unsuccessful the debt can increase again through the other parties legal costs. So, just advise him to be careful as this could get even more costly.


    He may want some further advice from one of the free debt charities, especially as this could've gone to high court and that can further complicate things as well.


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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