Being harassed for a debt for a person who does not live here - help??

Risco

Both myself and my flatmate are registered on the electoral role. He has lived there 6 years and myself about 5 years. Yet I am getting threatening letters for a Mr Skinner who does not live or has ever lived here!

Last week I got a letter saying bailiffs had come round. I sent a letter to the court saying no person of this name lived here and countersigned by both.

Today I have a letter saying a warrant has been issued and they will come in to my house and take goods! There is NO chance I will ever let them in as it is trespassing but the police says there is nothing I can do?

So my question is, what else can I do as they do not answer the phone. Secondly I wish to take them to the small claims court and sue them for harassment, can I do this?

hallowitch

have you any idea what kind of debt they are collecting

what bailiff firm is it

Risco

hallowitch wrote: »

have you any idea what kind of debt they are collecting

what bailiff firm is it

It is for £227 and for a company called M111, the bailiffs are court appointed I believe?

[Deleted User]

Risco wrote: »

but the police says there is nothing I can do?

There is something you can do.

Tell them to **** off, then shut the door on them.

patman99

Not if they are Court Bailiffs. If you & your flatmate can prove you are the tenants & that Mr Skinner has not ever lived there, then they will make a note of this and report back to the Court.
Make sure you have your rent book & several forms of ID (such as a photo-driving license or passport) to hand when they arrive.

Remember, in Law, they can only take what belongs to the debtor. If they can't prove ownership, they can't remove the goods.

It could be that the Company with whom the debt lies has written the guy's address down wrong and switched a couple of digits in the house number.
Might be worth popping down to the Post Office or library & asking to see the electoral roll for your area & then checking your street for a 'Mr Skinner'.

[Deleted User]

patman99 wrote: »

Not if they are Court Bailiffs.

Makes no difference.

For this type of debt, they still can't force entry.

Risco

patman99 wrote: »

Not if they are Court Bailiffs. If you & your flatmate can prove you are the tenants & that Mr Skinner has not ever lived there, then they will make a note of this and report back to the Court.
Make sure you have your rent book & several forms of ID (such as a photo-driving license or passport) to hand when they arrive.

Remember, in Law, they can only take what belongs to the debtor. If they can't prove ownership, they can't remove the goods.

It could be that the Company with whom the debt lies has written the guy's address down wrong and switched a couple of digits in the house number.
Might be worth popping down to the Post Office or library & asking to see the electoral roll for your area & then checking your street for a 'Mr Skinner'.

I have plenty of ID, more concerned about what could happen in my absence. I guess I am just going to have to call them on Monday.

patman99

You just need to remember that Court Bailiffs will go to the address registered as the defendant's by the Company taking the action. They do not check to see if it is correct, hence my suggestion that you look at the electoral roll for your street.
You could even google 'Mr. Sinner + street name & town' just to see if anything comes up.

Trajal

Might be worthwhile to do a statutory declaration (costs between £5 and £15 pounds at any solicitors office) to the effect that you and your other half have lived there for 5+ years and all the goods and chattells within the property belong solely to you and that this other person does not live there and has not lived there in the last 5 years to the best of your knowledge.

Send a certified copy to the court, a certified copy to the DCA and keep a certified copy with you (keep the original safe) to give to anyone who shows up at the door.

Buzby

They cannot force an entry, they can only pursue if you let them in, and you can tell them to go as the individual is not at the claimed address. Who is the pursuer?

antonia86

We had this when we were living in a previous rented property, baliff came when hubby was home. He showed my ID and his ID, we explained we rented and didn't know of previous tenants but would contact the landlord if required. Bailiff was very understanding and went away and never came back.

We also used to get countless parking notices for the person the bailiff was chasing, to solve that we sent a copy of our licenses to the DVLA, and !!!!!! - they were gone!