Court Bailiff Wrong House

mrmike1989

Hello,

Me and my fiance and 2 year old son privately rent a property and we have been here for almost 4 years now.

A private delivery driver posted a letter through our door from HM Courts & Tribunals Service (County Court Bailiff). My son opened the letter, which was addressed to our house but the name of the addressee no longer resides here, we get lots of mail for her ("Jane") and normally just bin it.

The letter says that the bailiff now holds important court documents which require him/her to attend our address and serve upon Jane.

Should I be worried? Is it possible that the courts could mistakenly take goods from my property? If yes, could I successfully sue them?

sourcrates

Hi,

Not your name, not your debt, it's as simple as that.

If a bayliff should attend, you are under no obligation to deal with them, but showing them your ID will diswade them from any further action.

If you want to be more proactive, send a letter to the court stating the person named on the documents no longer resides at that address.

mrmike1989

I was under the impression that your decision to deal with them (or not) would not affect the outcome of the situation. For example, If I commit a crime, if I choose not to cooperate with the police, they will arrest me anyway. Theoretically, if the debt did belong to me and I pretended I was not the right person, would that mean that a simple lie could prevent bailiffs from serving their warrant?

I do not wish to be any more proactive than I have to be, this debt has nothing to do with me and I don't want to waste any resources on this. I am interested in what the law says though.

sourcrates

mrmike1989 wrote: »

I was under the impression that your decision to deal with them (or not) would not affect the outcome of the situation. For example, If I commit a crime, if I choose not to cooperate with the police, they will arrest me anyway. Theoretically, if the debt did belong to me and I pretended I was not the right person, would that mean that a simple lie could prevent bailiffs from serving their warrant?

I do not wish to be any more proactive than I have to be, this debt has nothing to do with me and I don't want to waste any resources on this. I am interested in what the law says though.

As I said then, not your name, not your problem.

mrmike1989

sourcrates wrote: »

As I said then, not your name, not your problem.

But it will be my problem when I can no longer write messages on this forum because the bailiff has come to take my computer away!

sourcrates

mrmike1989 wrote: »

But it will be my problem when I can no longer write messages on this forum because the bailiff has come to take my computer away!

You either get involved, or you don't, if the person the court is after does not live there, it's in your best interests to tell them so, and provide proof of your ID if need be.

No one can take your goods for another persons debt.

MEM62

mrmike1989 wrote: »

But it will be my problem when I can no longer write messages on this forum because the bailiff has come to take my computer away!

Which they cannot do because you are not the individual that they are looking for.

National_Debtline

Hi there,


So, let's look at what we know for certain in this situation. The letter specifies that it is from a county court bailiff which means this is a civil matter. The bailiffs should only enforce the debt against the liable person - which is not you - but at the moment the bailiffs believe they are going to the right place for the right person. If you don't correct them then they may keep visiting and trying to carry out their warrant.


This type of bailiff can only come inside a property if they are invited in or if they find an open or unlocked door - so do not let them in. The problem that you may have is if they can't get inside they may look at what is valuable outside, such as cars. Whilst the should (and normally do) check ownership information before doing anything, there have been occasions where bailiffs clamp first and ask questions later. This is what I see as being your biggest risk.

I appreciate that you don't want to waste your time or energy on something that you don't owe, but actually I think the simplest solution here would be to put together a very brief letter stating that the liable person doesn't live at this property and hasn't done for 4 years. Send a copy of the tenancy and ask for written confirmation that no one will visit again. Send one copy to the bailiffs (and one to the court manager as good practice). Hopefully that will be enough, good luck


Laura
@natdebtline

Herbie21

mrmike1989 wrote: »

Hello,

A private delivery driver posted a letter through our door from HM Courts & Tribunals Service (County Court Bailiff). My son opened the letter, which was addressed to our house but the name of the addressee no longer resides here, we get lots of mail for her ("Jane") and normally just bin it.

The letter says that the bailiff now holds important court documents which require him/her to attend our address and serve upon Jane.

Should I be worried? Is it possible that the courts could mistakenly take goods from my property? If yes, could I successfully sue them?

The most sensible thing to do is surely to contact the court, and avoid a visit to your home by explaining that the named person does not live at your address as has nortdone so for at least the past four years.

tori.k

I had this the day I moved into a property the bailiffs turned up for the previous tenant, showed them my drivers licence and with apologies for the hassle departed never heard another thing. it would be the easiest way of dealing with this, im guessing it something that happens quite regularly to the bailiffs.

tallyhoh

I had this situation years ago, I just contacted the court & they sorted it out.