Debt Collector Advice

craigb2791

Hi all,

Not sure if this is correct forum but seemed like the most relevant.

We received a letter yesterday stating an Enforcement Officer tried to attend to take control of goods and will attend again to take control whether we are present or not.

The bit we are confused about is that is not in our name. My other half's mother accidently went through a bus lane, got a fine, she lives in Spain so her daughter only opened it a few weeks after it arrived and the council wouldn't accept the reduced fee from her. Even when she tried to pay the full amount they would not accept it as it did not come from her mothers account - she doesnt have one in the UK!
They proceeded to get a court judgement without our knowledge (this happened back in November and we have heard nothing since April about it) and now are attempting to seize goods.

We own the house and all assets within, her mother does not have legal interest in the property and is not on any deeds. Solely her post and drivers licence points to the address.

What rights do we have to ensure none of our assets are removed as they are not connected with the debt?

Thanks in advance.

sourcrates

Not your debt, they can't touch you.

However, you may have to produce evidence to back up your case.

If they attend again, do not let them in, put the explanation you have just given us in a letter, and either send or hand it to the bailiff, CC a copy to the council as well.

craigb2791

So I would have to prove that everything in the house is not her property? I do not have a million and one receipts?

I was not planning on letting them in ever. My other half tried calling last night and after 2 minutes he hung up, she called back and then he just put the phone on the table and didnt respond until she hung up! Ridiculous!

I will get this printed and if I come back to another letter tonight I may attach it to the door for the following days visit.

Before they can attempt entry and seizure of goods would they need to prove that the assets are hers?

sourcrates

Seizing goods is a last ditch attempt to collect on the debt, what they really want is cash, seizing and selling goods is a costly affair, and not guaranteed to cover what's owed.

Obviously you can't prove ownership of everything in your home, send the letter telling them she has no connection to your address.

I would also give National Debtline a call and ask there advice on this.

https://www.nationaldebtline.org

poppasmurf_bewdley

Just write and tell them that she lives in Spain, and give them her address over there.

National_Debtline

Hi Craig

I would advise you to write directly to the parking department of the relevant council, explaining that the driver lives in Spain and that they should therefore take the debt back in-house as enforcement agents are obviously of no use. Cc in the bailiff company. If you have a photocopy of something with her Spanish address you can enclose, please do so.

I am assuming that this is a Penalty Charge Notice, in which case the enforcement agents will have NO power whatsoever to force entry to your home.

Dennis
@natdebtline

craigb2791

Hi,

Its a Notice of Intended Possession of Goods or something to that effect - sorry I do not have it with me at work.
I am worried about the bit where they will attempt entry to my property to seize goods without my presence.

Whenever my other half attempts to contact the council they refuse to speak to her as she is not her mother. It is ridiculous!

Thanks

sourcrates

craigb2791 wrote: »

Whenever my other half attempts to contact the council they refuse to speak to her as she is not her mother. It is ridiculous!
Thanks

That`s why you should write to them Craig !!!!

craigb2791

that was via email