County Court Letter for someone not at this address

Hi all,



I am wondering if someone could help me please.


For the past year I am constantly getting letters for someone who does not live at this address anymore. She was my ex-wife (guess why she is an ex!). All these letters relate to debt issues that are not linked to me and some were even before I was with her. With all these I have posted them back with return to sender etc but the letters keep on coming. One debt firm though doesn't seem to want to listen and now I have received an "notice of issue of warrant of control" for my ex from the County Court. I have rang them up with the same advice, send the letter back with return to sender, this person does not live here.



I am now worried that some muscle headed oaf will turn up at my door, not believe me when I then tell them that the person does not live here and try to gain entry and cause all sorts of issues.



At the moment all these letters are now bordering on harassment and is causing me problems having to sort them out.



The house which the letters keep on getting sent to is mine, my ex has never been on the mortgage and we have no joint accounts or debt. All this debt is in her name and caused by her.


I know legally they are unable to do anything here obtain items from my property but I do not even want this to get to this stage.


Any advice would be welcome.



Thanks all!

Comments

  • Hasbeen
    Hasbeen Posts: 4,404 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Just show proof of all this to the " muscle headed oaf " when they turn up problem solved. Perhaps not if you speak to them like in your post?
    The world is not ruined by the wickedness of the wicked, but by the weakness of the good. Napoleon
  • Felix1982
    Felix1982 Posts: 15 Forumite
    Hasbeen wrote: »
    Just show proof of all this to the " muscle headed oaf " when they turn up problem solved. Perhaps not if you speak to them like in your post?


    My initial post mentioning the bailiff was more tongue in cheek. If this did offend then apologies.



    It is a significant issue for me as I have gone through all the correct and appropriate channels for this and seem to be getting nowhere.
  • silvercar
    silvercar Posts: 49,162 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    When they turn up, just show them proof that you don't live there, if you want to be more helpful to the bailiffs than to your ex, you could give them the current address of your ex.

    I do wonder if this has escalated because your ex does not know of this debt being chased, if all the correspondence is coming to you.
    I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Felix1982
    Felix1982 Posts: 15 Forumite
    silvercar wrote: »
    When they turn up, just show them proof that you don't live there, if you want to be more helpful to the bailiffs than to your ex, you could give them the current address of your ex.

    I do wonder if this has escalated because your ex does not know of this debt being chased, if all the correspondence is coming to you.


    Problem is I am not aware of where she does live now otherwise I would let them know straightaway. I have tried being helpful as much as I can but at the end of the day this isn't my problem or worry.



    She does know about all this debt and if she knew about these letters would just ignore them. I know this because when she was here previously a bailiff turned up to repossess her car when she defaulted on the payments.



    I am not here to throw mud or slander anyone, would just like the letters to stop, I have tried sending these back, speaking with the debt companies to let them know but nothing seems to work.



    Looks like I will await the knock on the door from the bailiff and maybe it will then stop.


    Thanks.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi Felix1982

    I understand the situation is not ideal and obviously you would rather bailiffs don't visit. As it stands court papers can be sent to the last known address of a debtor. If the claimant should be aware that the debtor has moved they should take reasonable steps to trace them, but if they are unable to do that court papers can still be issued to the last known address.

    What you may find is the bailiff is more effective at tracing your ex partner but in the meantime all you can do is confirm in writing that she does not live at your address. If you have any evidence that your ex partner does not live with you that can help, for example a council tax bill with a single person discount. If you don’t have any, don’t worry, it is not for you to prove that she doesn’t live there.

    It sounds like you are already aware of the bailiff’s powers, but just to confirm a county court bailiff cannot force entry into a property unless they have been inside before. They also can’t take goods that don’t belong to the debtor. I hope this helps.

    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Felix1982
    Felix1982 Posts: 15 Forumite
    Hi Felix1982

    I understand the situation is not ideal and obviously you would rather bailiffs don't visit. As it stands court papers can be sent to the last known address of a debtor. If the claimant should be aware that the debtor has moved they should take reasonable steps to trace them, but if they are unable to do that court papers can still be issued to the last known address.

    What you may find is the bailiff is more effective at tracing your ex partner but in the meantime all you can do is confirm in writing that she does not live at your address. If you have any evidence that your ex partner does not live with you that can help, for example a council tax bill with a single person discount. If you don’t have any, don’t worry, it is not for you to prove that she doesn’t live there.

    It sounds like you are already aware of the bailiff’s powers, but just to confirm a county court bailiff cannot force entry into a property unless they have been inside before. They also can’t take goods that don’t belong to the debtor. I hope this helps.

    Susie
    @natdebtline


    Many thanks Susie this has put my mind at ease. Thanks again.
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