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HELP - urgently need advice
Surfbabe
Posts: 2,284 Forumite
Quick background - DD is renting a house on the ISle of Dogs with 3 friends - they are all students. They have had a visit from the Baliffs this morning at 6.30am as someone owes the council £1400.
They didn't let them in but the baliffs told them they would be back within 48hours with the police.
I've told them to ring the letting agent and not let them in under any circumstance.
What else should they do?
They didn't let them in but the baliffs told them they would be back within 48hours with the police.
I've told them to ring the letting agent and not let them in under any circumstance.
What else should they do?
0
Comments
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I had a bailiffs visit at my old property for the previous tenant - I explained to the bailiff that she no longer lived there, showed them my lease and some ID, and they accepted it happily.
I phoned the bailiffs head office and explained the situation to them too, but they weren't particularly helpful, the bailiff himself was quite pleasant though - very scary to find him on the doorstep at 6.30am though!
I then went along to the local police station, explained the situation to them, and they made a note on file, so that if bailiffs called the police for assistance in getting into my house, the police would refuse.
Although, if the debt is theirs, I'm sure someone else will be along soon to advise.
Good luck.0 -
Don't let them in as you have said.
Have rental agreement and proof of ID of current occupants available to prove they are not the persons who owe the debt.0 -
Who owes the money - someone living there now?0
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Who owes the money - someone living there now?
Yes pretty key!
Did they apply properly to the council for exemption using proof of student status?0 -
No the name on the notice is not anyone that is living there now. It was all done through the letting agents and they had to provide proof that they were students.0
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By showing the tenancy and ID they should be able to deal with the question of identity easily enough. Keep copies in place by the door.they had to provide proof that they were students
to the COUNCIL? Lettings agents don't go to the council for you. They in no way work for or assist tenants. If you don't go to the council direct then you might be in a situation where the debt is racking up under the old name.0 -
Have these students actually applied for student exemption to the Council?
If not, they could find that the Council refuse to allow them to back date the exemption claim and they do owe the £1400 or at least part of it.If you've have not made a mistake, you've made nothing0 -
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I am fairly certain that baillifs have a responsibility to demonstrate why they have asked a particular person to pay a debt ie a paper trail that links the person being harrassed with a court order.
However, if a Bailliff turns up and says, hello mrs Jones would you mind awfully settling this outstanding amount, they dont think they will get anywhere.
So they go on the offensive when they chase people, (aggressive manner, strong/curt language) and as a result the public fear them as some sort of omnipotent being who can do as he or she pleases.
The students should explain that they want the bailliff to demonstrate who they are chasing and why, and then show that they cannot posibly fit into the baillifs paper trail. They would do so as other have suggested with a copy of their tenancy, or other forms of id which they may have. I think I am also correct in stating that if the bailliff refuses to demonstrate why they are on your doorstep demanding payment they can lose their license.
If the students all have completely different names it will be resolved in a matter of moments and the bailliff will know he will have to track down someone who has done a runner. I am sure they have this happen all the time!0
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