Bailiffs turning up for people that used to live here

Charityworker

I don't know if this is the right place to put this question or not but if it isn't please feel free to move it.

We have been here almost 4 years now. The people that used to live here keep getting threatining letters from loan companies asking them to pay. I usually just put 'not at this address' on the envelope and put it back in the post box but I decided to open one of them. It said it was for a loan taken out a year ago. The person who took the loan out is the person who used to live here but he has given this address as being his address. Last week we had a bailiff on the doorstep asking my husband to prove he wasn't the person they are looking for.

Is there anything I can do about this? I'm not in contact with the person who used to live here at all but I have found him on facebook with a lot of pictures of foreign holidays on it. No doubt paid for with loans taken out.

HappyMJ

Not really. Just tell 'em to go away. Tell them to search Facebook but don't give any more info than that.

londonTiger

the "former" resident deliberately screwed you over i would seek them out on fb mself and sho your findings to the debt collector. i would have no qualms about showing id to prove im not the debtor

HappyMJ wrote: »

Not really. Just tell 'em to go away. Tell them to search Facebook but don't give any more info than that.

why are you protecting a fraudster who took out a loan with your address? are you a masochist or something?

michael1983l

Your under no obligation to show the debt collector ID, it is they who have to prove you are the debtor not the other way around. Although it might just be easier to show them the ID to get them off your back. Also if you get another visit, it might be worth getting their registered office address and sending them the usual letter revoking their right to visit your property without an appointment and making it clear that you do not wish to make an appointment.

ValHaller

michael1983l wrote: »

Also if you get another visit, it might be worth getting their registered office address and sending them the usual letter revoking their right to visit your property without an appointment and making it clear that you do not wish to make an appointment.

That will put debt collectors in the wrong, but bailiffs would not be bound by this.

londonTiger

michael1983l wrote: »

Your under no obligation to show the debt collector ID, it is they who have to prove you are the debtor not the other way around. Although it might just be easier to show them the ID to get them off your back. Also if you get another visit, it might be worth getting their registered office address and sending them the usual letter revoking their right to visit your property without an appointment and making it clear that you do not wish to make an appointment.

That is probably the best thing to do, ive seen baliffs encounters on youtube they will harass you and harass you to the nth degree and make your life a misery. Just show them your ID and get them off. I would personally go further and show the fb info gatahered.

Also, baliffs aren't the most law abiding people themselves. I would record the interaction especially if you're handing over your ID to them.. Not sure I would trust this handover without a witness or recorded footage.

michael1983l

ValHaller wrote: »

That will put debt collectors in the wrong, but bailiffs would not be bound by this.

Agreed, but most people refer to somebody that turns up on their doorstep as a bailiff rather than a debt collector. In this case given that the OP has said that they have been returning all the letters as not at this address any court hearings would have been returned and thus no judgement made on the address. Therefore it is in my opinion unlikely that the person who turned up on the doorstep was indeed a bailiff acting on a warrant of execution and was rather a debt collector trying his luck.

fermi

michael1983l wrote: »

In this case given that the OP has said that they have been returning all the letters as not at this address any court hearings would have been returned and thus no judgement made on the address.

Returning a court papers as not known at this address will NOT stop a county court judgement being made.

michael1983l

fermi wrote: »

Returning a court papers as not known at this address will NOT stop a county court judgement being made.

It was my understanding that court claims have to have their papers deemed to have been served. Delivering a claim to an address where the claimant does not reside does not constitute the papers as being served. Every defendant has the right to a defence under English law, the only time a judgement can be made in the defendants abscence is when the defendant has been served and non appearance at court will be seen as acceptance of liability.

fermi

Your understanding is not quite right I'm afraid.

Civil Procedure Rules allow service to be made by post to the defendants "Usual or last known residence".

If they do not respond by submitting a defence, judgement can be entered in default. Returning the papers as not known will not stop that.

michael1983l

fermi wrote: »

Your understanding is not quite right I'm afraid.

Civil Procedure Rules allow service to be made by post to the defendants "Usual or last known residence".

If they do not respond by submitting a defence, judgement can be entered in default. Returning the papers as not known will not stop that.

That appears to go against the right to a defence. If this was the case, all I'd need to do to make a claim that normally would be regarded as tentative is send the claim to the defendants old address on purpose. The CCJ would be issued and the defendant never gets the chance to contest.

Can you provide me with a link from where you get your information from, because I cannot find anything indicating one way or another.

EDIT. Just found that a CCJ can be issued but if it was served to an old address and you have good grounds to contest the claim or that the claim amount is incorrect then you can apply to have the CCJ set aside by the courts.