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bailifs calling today

135

Comments

  • sunbeam.ti wrote: »
    Dear Robert, many thanks for your advice.It is most appreciated.Can you advise us as to what will happen once they have left over the long term. Will we see them again?

    In and of the visits themselves and what happens after that I can't really say much. I was out making calls rather than managing the whys and wherefores back when I was working as a bailiff, and that was a heck of a long time ago anyway. I never had anything like this pop up in my daily work, and I'd hate to give you bad advice.

    A quick google suggests that if the debt collectors are Mercers then the debt is probably barclays / barclaycard, so it might be worth keeping this in mind for the next suggestion I have, which might not amount to much, but its a start...

    Speak to the CAB about help with identity theft. It's pretty clear that people have used part of your identity (the address, if nothing else) to commit fraud and the people who have suffered the loss are trying to recover a debt, just going about it in a nasty manner given the circumstances here.
    If you don't stand for something, you'll fall for anything
  • NickX
    NickX Posts: 3,046 Forumite
    RobertoMoir has given you good advice.

    Debt Collectors sent by Mercers have no legal rights to any of your property and you should simply tell them to clear off (without opening the door to them). If they do not oblige then call the police.

    This behaviour is typical of DCAs. They use bully boy tactics and threaten all sorts, visits, repossession of your property, taking your house off you etc. Its all bull and bravado from the DCA. Ignore them. They are trying to scare you.

    Only court appointed bailiffs have any right to enter your home and even then they have to gain entry. If these people were from the courts then you would know about it because there would have been preceeding legal action and a judgement made.

    It sounds to me as though as you are being wrongfully harassed for a debt that is not yours. You need to dispute the debt and tell the DCA that they have the wrong person and no rights to speak to you. If they persist then this is harassment and you should report them to the Office of Fair Trading, Trading Standards or the local police.

    Remember they have no rights and you have a right not to be harassed.

    Good Luck.
  • This is fantastic advice, we are most grateful for all your advice. Yes Mercers are acting on behalf of a barcaycard debt.

    As you know we are going to see a solicitor and an MP on Monday. Mercers have advised us to return all of their correspondence written on it with "Not known at this address".(Although we have done this prior with their earlier demands to which they took no notice). Obviously we would photocopy them first but what would your advice be --- to keep the originals or return the originals and keep the copies?
  • ALIBOBSY
    ALIBOBSY Posts: 4,527 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I would also raise a complaint with the OFT and the FOS this is a clear breach of the debt collection guidelines.
    If I were you I would also be contacting watchdog or simular. Its amazing what a bit of bad publicity can do in these sorts of messes.

    If the debt collectors turn up (and 99% of the time they threaten to but don't),as adviced don't let them in and shout through a window (upstairs preferably) the situation and tell em to move on on you will call the police.

    The trouble is the debt may then be sold on as mercers are in fact owned and run by barclays collections (in the same building) but they make out they are a separate DCA to scare people. If any further DCA's turn up use the same tatics. Eventually they will get the message or one will try to take it to court and you can then contact the court re the whole thing. I would check the council register to ensure no one other than your family are listed at your address and check no links have been added to your credit files.

    blxxdy id theives scum :(

    ali x
    "Overthinking every little thing
    Acknowledge the bell you cant unring"

  • anniecave
    anniecave Posts: 2,479 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I wouldn't even open them. Just return them to sender. If you do want to open them and copy them do that and send the originals back.

    They may well send out lots of threatening letters but never actually send anyone around at all (debt collector or bailiff)

    Some companies are very inept at updating their records that the person they are chasing is not at the last address they have, and therefore they need to do some trace work in locating the correct person. It sounds like this has happened to you.

    If it makes you feel better you could also put a notice on the door/letterbox saying ......... (insert name of person) does not live here please do not call for them/deliver their post as they do not live here. Royal Mail may also not deliver items then may just return them direct to sender.

    Hope they go away!
    Indecision is the key to flexibility :)
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    If letters are being sent to your ddress, but not addressed to you, send it back "Not known at this address". I wouldn't even bother opening these letters or photocopying anything.

    Many DCA's just want the debt paid and aren't even too bothered whether the correct person is paying the debt or not. It sounds like they are threatening to send round doorstop collectors, not bailiffs. This is often just a threat to get the person to pay up as it costs them money to send someone out to the address. On the occasional times that a collector is sent to a house, they have no powers of entry so you can just tell them you will not discuss the matter with them and ask them to leave.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • Sunbeam..... your posts have made me get off my backside and register for MSE:j .

    Please note- These people have NO power, repeat NO power!!!!!!!!!!!!!!!!! Don't worry be HAPPY!

    I remember being pursued by the Scottish equivalent of baliffs several years ago over identity theft issues not too dis-similar to the ones you face.

    I was effectively threatened by the nice gentlemen who came to visit and decided to get even. (I should say at this point that I do have a law degree from Glasgow Uni but have never practiced law). Anyway, I became deliberately obstructive/possibly mis-leading whenever I had a visitor.

    I loved it when they gave information about the person they were after as I was able to use this to wind up the next collector who came knocking.

    I refused them entry to my property and regularly went out through the garage at the back to speak to them and wind them up even more with such phrases as " Oh, I had fun with that credit card" or " Only the little people pay taxes".

    I could have easily proved that I was not liable for the debt but decided to have some fun first!!!!
    Debt Free thanks to MSE!!!! £15,000 debt became £0 thanks to some hard work and all you lovely people!
  • anniecave
    anniecave Posts: 2,479 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    someone else being chased for a debt at your address is not the same as identity theft.

    Please don't confuse the two!

    Thanks. Rant over!
    Indecision is the key to flexibility :)
  • anniecave wrote: »
    someone else being chased for a debt at your address is not the same as identity theft.

    Please don't confuse the two!

    Thanks. Rant over!


    Perhaps not. However, these cases often have many things in common- especially for the victim(s).
    Debt Free thanks to MSE!!!! £15,000 debt became £0 thanks to some hard work and all you lovely people!
  • I thought it was actually illegal to open somebody else's post? I'd agree with above posters in that don't open it just RTS. Photocopy the envelope if you want if you need to prove how many letters you are getting for example.
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