Debt collectors trying to collect debt that isn't mine.

Bailey101

Evening all

For a few years now I've been getting debt collection letters for someone who I've never heard of. I've returned letters saying not at this address, I've phoned them up 4 times telling them they have the wrong address and I've written to them as well.

Now I've had a letter from sheriff officers hand posted through the door saying that there's a court judgement and listing the action they'll take if the debts not paid, including seizing goods.

I know that they have to get peaceful entry to come in the first time, but my concern is what happens if they don't accept that this person doesn't live here. Can they eventually get a court order and break the locks? I'm panicking in case I come home one day and find my house raided!

I've been here 12 years and the previous occupier was here for at least a year so the person they're looking for may have lived here 14+ years ago. It's for council tax, if that makes any difference.

Any help would be hugely appreciated!

sourcrates

Hi,

Just send a copy of your driving licence or passport to said sheriff informing them again that the person they are after does not live there.

CC a copy to the court as well.

They can't break in for a consumer credit act debt, however they may be able to for certain debts such as council tax arrears.

I'm not sure on Scottish law.

Normally I'd say do everything in writing, but a conversation with the sherriffs officer may be your best first move.

atolaas

Get in touch with the council and speak to someone there. They are the ones who are pursuing the bill from the previous occupier. It could be an administrative error that they haven't picked up on.

Marktheshark

They can only serve a order on a person, not a house.
Call the Sheriffs office and request to speak to the senior office manager.
Ask how to make an official complaint of incompetence and make one.

Poor_Single_lady

Pure curiosity. Did you open someone else's mail or do these kind of letters say for the occupier.i get loads of private and confidential to my flat that concern me. For people that lived here at last 5 years ago. I think these could be debts at the address because it doesn't look like a bank (lots of brown envelopes and cheaper looking) but must be quite serious to be private and confidential. I send them back unopened but they keep still arriving. Very tempted to open one although i know this is totally illegal.

Bailey101

When I wrote to them last year, I included a copy of my tenancy agreement and the most recent council tax bill, with my single person rebate to show I lived alone - they chose to ignore it ��

I didn't think of contacting the council, I'll get on that tomorrow and I'll be going down the formal complaints route with the debt collectors! Thanks for the heads up on those!

Bailey101

Poor_Single_lady wrote: »

Pure curiosity. Did you open someone else's mail or do these kind of letters say for the occupier.i get loads of private and confidential to my flat that concern me. For people that lived here at last 5 years ago. I think these could be debts at the address because it doesn't look like a bank (lots of brown envelopes and cheaper looking) but must be quite serious to be private and confidential. I send them back unopened but they keep still arriving. Very tempted to open one although i know this is totally illegal.

It's only illegal to open post that comes to your house if you are doing for immoral purposes, ie identity theft. If you suspect that something could be going on that's detrimental to yourself, it's not a problem.

I sent the first few back but once I'd received 4 or 5, I started opening them to try and prevent just this happening!:mad:

fatbelly

Poor_Single_lady wrote: »

Pure curiosity. Did you open someone else's mail or do these kind of letters say for the occupier.i get loads of private and confidential to my flat that concern me. For people that lived here at last 5 years ago. I think these could be debts at the address because it doesn't look like a bank (lots of brown envelopes and cheaper looking) but must be quite serious to be private and confidential. I send them back unopened but they keep still arriving. Very tempted to open one although i know this is totally illegal.

It's not illegal - subject done to death on these boards in the past.

So open them if you want but our advice is still to return them marked 'not at this address'

Poor_Single_lady

If its not illegal I will open them. I only tend to read things on here about debt or saving money. Thank you for letting me know. I will have a look and sort it. Thank you.

Poor_Single_lady

This lady has a few different letters, one is a debt collector. £900, one is lloyds £3100. I would imagine more to come. I will ring both tommorow and try and get sorted. Thank you so much for your help.

[Deleted User]

Surely the Council (as the body who collects Council Tax) must know who the current CT payer is, at that address. :doh: