baileffs calling for someone that lived in our house - help please!!!

money_saving_diva

I am not sure where to post this so sorry if in wrong place. We purchased our property in March 2008 and it was previously let out to tennants. Since we have lived here we have loads of post addressed to a number of different people which I have returned to sender. Some of the post has looked like it has been chasing debts, including an envelope from the court last week which I have also returned. I have just popped out and come back to an unaddressed envelope in which was a 'Notice of visit by county court baileff' saying they are going to come back and remove items up to a certain value (over a thousand pounds worth) and the name on the order is from someone that must have lived here before. It says they will return. I have a small baby and very scared about when they return as this is nothing to do with us.

I can prove we own the property and from what date and I have a passport and photo drivers licence as ID. Me and my husband are also the only people on the electrol roll at this house. So can I prove enough to them that this bloke does not live here???! Will they still want to enter the property?

Should I ring them now and explain???

Please help - I am horrified!!!:eek:

Mark-W_2

Yes ring the debt collection agency now, explain to them the person no longer lives at the address.
I had a similar issue a few weeks ago, i just opened the previous persons mail and explaind to the debt collection agency they had moved on.

mikey72

Ring them now.
We had exactly the same when we bought our house.
It's not unusual for the tennants to do a runner, we had no problems at all after we contacted gas, water, electric, phone, bailiffs, etc. It was annoying, some wanted to see a copy of our solicitors letters, but we had no comeback on us at all after. We opened the mail as we had no forwarding address, and wanted to make sure it got sorted out.

BrandNewDay

Do all of your talking outside the house, though. There are weird rules about what they can do if you let them in the house. So, if they come back, shut the door, go get all the paperwork and proof, come outside and shut the door behind you, and talk to them there. Under no circumstances should you let them into your home. Even though they have to right to take your things, if they aren't convinced, they may ignore your objections and still make use of the law that allows them back in whenever they want once you've allowed them inside.

Be warned: they will try very hard to get inside your house. Make it clear that you will only talk to them outside.

Hopefully, it won't come to that, anyway.

boggie40

yes we stupidly threw threw previous occupiers mail in the bin. we were re-directing it for them then it started to come back to us as gone away from the address we were forwarding to. so as it was almost entirely nuisance mail coming through for them we threw it in the bin.
i was getting in my car to go to work one day and i was approached by 2 big skinheads trying to look menacing - they said mr rawlins we are bailiffs acting for ...........
i told them i wasn't mr rawlins and they are me to proove it - told them right where to go....
during the day i thought perhaps i made a hastey decision and should have co-operated.
of course when i got home i found a letter on my mat telling me that they would be calling back on a certain date to re-posses my range rover.....i wish !
so rang them explained what had happened and faxed them a copy of council tax bill.
did some digging myself and found no one was registered at our address on electoral role for the previous 3 years b4 we moved in !

doorstep them though cos once they are inside it is not so easy to shift them !

rlc_2

Make sure that you get their names and as much information as you can about who they are acting for.

Imp

DO NOT LET THE BAILIFFS INSIDE YOUR HOUSE.

Once inside they are permitted to break into any locked cupboard/door to find items of value.

They are permitted to return to your house and break in to retrieve the items of value.

They can climb in through an open window or walk in through an unlocked door and have the same rights.

They are not allowed to use force to get in the first time, but once they have been inside they are permitted to force their way in in the future.

They sometimes try and trick people into letting them in, ask to use the toilet, jar the door open with their feet.

Get in touch with them by telephone and letter and make sure they know you are not the debtor NOW.

Keep proof of your identity and ownership of the house (copy of deeds/tenancy) near the door so you can prove ownership if they do turn up. If they do turn up, lock the door and get his information. DO NOT LET THEM INTO YOUR HOUSE.

mummyfrugal

Please do not let them in your house. If you are worried get a door chain (if they break that to enter it is breaking in with force and you can call the police immediately). Please ring them and explain you are not the person on the documents they have sent - to avoid this situation. Once you let them into your house - it might become a problem. They are not allowed to take anything by law unless you LET them in.

If you have to, open a window on ventilation to talk though and show them proof through the window. If they need more information than that, ask them to write in a letter (so its not baliff duties, but admin purposes) that they wish to make an appointment to see you (when you can have someone else there too - even if it has to be in the evening).

If anyone has this problem always return mail to sender (I put 'RETURN TO SENDER - this person has not lived here since (date)! Remove this address from your records'. I had a real problem with the previous occupants using the postal service to redirect their mail. I did complain to the post office but they have to let people direct their mail for up to two years - phew its nearly over for me. I've had 3 blokes at the door many times asking for the previous occupants. I live alone and was scared when they called. The previous owner had the gall to call round and ask for mail that had slipped through and had been delivered!! Needless to say he had a thorough explaination of how difficult life had been (he could not get away quick enough). These people do not care about your wellbeing/safety, they just want to get away from the debt collectors.

Letters now come because they are either unable to divert mail anymore/the post office only lets you renew it for so long. Even though it is against the law to open someone elses mail I open some of these and ring the office and explain they have not lived here for nearly two years. You have to continually do this because when the debt collectors cannot find them, they sell the debt on and it starts again. I found out where his daughter lived and passed on that information (she also had debt collectors asking for her too - so she had the hassle instead and it means that information gets passed on when the debt is resold).

All this can be avoided if debt collecting firms checked the council tax records (which should be used to prove you have lived there as long as you say). But obviously, they get more money back by sending thugs round or continually pestering people by letter. I would never take on the same telephone number of the previous occupant when you move into a property.

I hope everything is ok. It should be for you because you are not responsible for the debt that is being collected. Please do not be intimidated by people knocking at your door - it is your right not to open the door if you don't want - its your home. It is awful to have letters from courts etc, but always ring (I know its a hassle but you need to so you have peace of mind).

Hope it all turns out ok. Its took nearly two years for me, but the letters are few and far between now.

All the best

tbs624

Money saving Diva - don't get in a tizzy about it: the debts aren't yours. Keep the bailiffs outside as others have said & tell the bailiffs firmly that the person they are looking for no longer lives there and is nothing to do with you. Show them a Council Tax bill in your name and tell them to check the Land Registry. You do not have to go waving your passport/driving licence around.

Get the bailiff's names & their firm's name and then write recorded delivery to state clearly that you are a new occupant and that they are to desist from visiting or you will report them to the Trading Standards Office.

Also write to Experian, Equifax and Callcredit (credit referencing agencies and ask them to make sure that there is an appropriate note on file)

There are strict rules on what bailiffs can and cannot do - if you are unfortunate & get a moronic one simply ring the police and tell them (without mentioning the word bailiff) that a man that you don't know is harassing you /trying to enter your home.

hethmar

We had this too - basically I just told them the name of the estate agent where we had bought the property, showed them a letter addressed to us with a different name to that they were chasing and they were very apologetic.

Ring them and ring the county court too if you want as they would have issued the warrant.

GDB2222

The advice to not let the bailiffs in is sensible but unnecessary. You don't owe anything. There is nothing of the debtors' in the house. The bailiffs have absolutely no hold over you, your goods, or your property. Indeed, if they did try to enter your property and take your goods away, you would have a very good case indeed for damages.

You have no requirement to prove anything to the bailiffs, but you may have an easier life if you do that. I would ring them, even though I bet it's a premium rate number, so as to head off a second visit.