Advice about threats of a Bailiff !

holsinthesun

please someone give me a bit of advice....
my husband and I split up and he moved out 8years, we divorced a year later. i still live at the same address.
a few months ago I started to receive post for him from barclaycard, which i passed onto him.
about two months ago i started to receive phonecalls from barclaycard for him. they were all mostly automated messages asking him to get in touch, and it would be all hours of the day and night. frustrated because he obviously had sorted out what they want, i rang them and informed them he doesn't live here and to remove my details from the account. occasionally however i still receive these calls.
two days ago i had a card, had delivered, asking me "the occupier" to call this mobile number re barclaycard.
I rang and it was a debt collector. I told her that my ex husband hasn't lived here for 8yrs and i've asked him to contact barclaycard to sort this out. she basically said that if he doesn't contact them, baliffs will come to my door, even tho I've told barclaycard he doesn't live here. she came across quite threatening and said i should get his address, which i don't have, to give the baliffs. I've asked my ex to get this sorted, but i have a feeling he won't.
to be honest I'm scared, i don't want baliffs knocking at my door, and i don't want to sit fretting until they do.
what can i do now?

Tixy

Hi

What was the name of the debt collector? was it just a debt collector or was it a bailiff company.
Bailiffs could only turn up if they have already issued court proceedings against him and obtained a CCJ for the debt.

If there is no CCJ then the only people who could turn up would be doorstop collection agents - these people have no powers and you should just ask them to leave.

If there is a CCJ and bailiffs turn up then don't let them in the house and simply state he no longer lives here.

It sounds unlikely there is a CCJ - and if there was he'd have received court papers to your address (unless his mail is redirected)?

holsinthesun

Thanks for the reply. No other post has arrived for him... yet !
I checked on the web and they advise to get a "pack" ready - my id, divorce certificate, electoral roll that kind of stuff. So when the baliffs do show up, I show them this and they go on their merry way. Hmm, not convinced they'll be that friendly tho.

bargainbetty

If you speak to them again, ask for an address to send proof of his non-residency. Then send them a letter detailing the date he moved out, the date of your divorce and an assurance that if anyone is sent to your doorstep they will be removed with the assistance of the police. Explain politely that you renounced all legal responsibility for the gentleman in question the moment your divorce was finalised and you have no legal obligation to help them find him either.

While they are at it, insist that your telephone number is removed from their database immediately as it does not connect them to him and any further calls will be classed as harassment under the Telecommunications Act.

Further threats will be met with formal complaints to the FSA, OFT and the police for harassment. Any visits will be classed as harassment and you will encourage the police to prosecute them as such against the individuals.

You don't have to send them a damn thing. If a baliff or DCA shows up, shut the door on them and call the police if they refuse to depart.

National_Debtline

Hi holsinthesun

Bargainbetty's advice is very sound. You can afford to take a very firm stance against this party as you are not liable for the debt concerned.

In our experience this is almost certain to be a DCA and not a bailiff - bailiffs tend to be less coy about divulging who they are as they have the authority of a court behind them.

Don't waste your oxygen (or more to the point, your money) calling these people back. If they have genuine business to pursue, they will surely be prepared to put something in writing rather than sneaking around with calling cards and the like.

RAS

To add as well, that this debt may well be statute barred, so your EX needs to learn about that before making any contact; he may not actually be required to pay it.

vax2002

The truth about Bailiffs:
They never "warn" they are coming, hence this must be a chancing debt collector

holsinthesun

Thankyou, I really do appreciate the advice given x