what does 'levy distraint' mean???

bellsbells

Hi folks,

I hope that some of you very wise people will be able to help me. To cut a long story short, a month ago I was sent bills from HM Revenue and Customs to my address in another womans name. (Opened on auto pilot - you know what it is like!) I have no idea who she is, and she has never lived here as far as I am aware. I phoned HM revenue and customs and told them, and they asked me to return all letters with my details and that would be the matter closed.
Of course this has not been the case - yesterday when I came home from work there was a hand delivered letter through the door saying:

'I called today to collect the above debt or levy distraint on your goods and assets but was unable to make contact woth you'
Now I guess this is the bailiffs which is not a problem as I can certainly prove I am not the woman they want. It is this next bit that is freaking me out:

'You must pay the full debt now. If you don't I will make a further call and if you are not available, I may levy distraint against you in your absence. This action will include costs'
Does this mean that if they call and we are not in they will break the door down and take things anyway?????? Then charge me for breaking my door down????

I phoned the number on the letter and again explained the situation, but I am not convinced it has yet been sorted as I was told it had been put right a month ago!

As a final worry, I am now concerned about the poor woman they are really after - she has not recieved any of the letters telling her about her debts, and at some point when they do find her will she suddenly find the bailifs at her door, or will they start the process again with the bills because of the address mix up?

Any advice gratefully recieved!

bellsbells

sophiesmum_2

Don't know what levy distraint means but i do know that a bailiff cannot break into your property. They can legally enter through a window or door left open but cannot force an entry.
Just make sure you don't leave anywhere unlocked when you go out.
I'm sure eventually the debt collecting agency will get their act together. In the meanwhile don't worry ifit is not your debt.

sophiesmum:D

jet77

I don't know what it means either.

I've got a similar problem. The lady I bought my house from still gets alot of post delivered here despite moving out in July 05. I opened one of her sons letters by accident the other day to find that it's a letter from his bank and he owes quite alot over his overdraft and is incurring charges. Alot of the other letters I've got here of hers look v. official too but I don't want to open them all. My phone got stolen with her number in and I've got no forwarding address.

So basically if anyone can post what to do in this situation it would be great. My main worry is that my address will be blacklisted or something that will affect my credit rating - can this happen?

Vickicb

jpett - credit scoring is done on names now, not addresses so that is OK.

Would the Estate Agent / Landlord have a forwarding address for you?

If not, cross out the address, write on the envelope "No longer at this address - return to sender" and put them back in the postbox.

jaws77

Distraint (Levy) details here

Xbigman

jpet77
Are you holding post for her? If so, and she has not contacted in some time, start sending them back marked 'not at this address'. Keep doing this until something different happens, like a visit.

bellsbells
You're at the visit stage now. Phone the bailif (assuming it is a bailif and not a DCA trying it on) and inform them this woman does not live there AND then write to the bailif (recorded delivery) to confirm.
Then get copies of your credit records to check everything is ok. If you get further contact, do it all again.
Regards



X

bellsbells

Thanks folks for your replies - you are all stars!

bellsbells

bellsbells

xbigman - could this have an impact on my credit rating???

bellsbells

fatbelly

Hopefully you've been in touch with HMRC again to explain. If the bailiffs are not called off you may find that they've 'levied' against your car! i.e. it's been clamped.

The process of levying is just the bailiffs accessing what they believe is the property of the debtor. It usually doesn't get removed (only I think in 0.1% of cases), but the threat is that it will be unless the debtor comes up with the money.

bellsbells

fatbelly - I have spoken to HMRC again today, but they say now that the file has been passed to the collectors office, and that they cannot do anything else. The collectors office is now shut for the weekend. I rang them yesterday, but I cannot do anything else now until monday when the office opens. Does this mean however that no more bailiffs are likely to call until monday??

bellsbells

fatbelly

I'd like to give a straight 'yes' to your question but I can't be sure. I think for tax debts a HMRC collector comes around with a private bailiff. My guess is that the collector would be a Monday to Friday person. Can anyone confirm?