Chased for debt that isn't ours

Frodo23

Hi all,

Following on from another thread, and based on a letter we've had through the post, I just wanted some collective thoughts on an issue.

My wife and I received a letter through the post from a debt collection agency - Court Enforcement Services - addressed to my brother-in-laws girlfriend. Around three years ago, the pair of them lodged with us for several months whilst they sorted themselves out with their own property. We have now seen the letter and it refers to an energy company debt of £1,200, a 'High Court Writ of Control', and states that enforcement agents WILL be visiting out property over the coming days to seize goods.

We obviously don't want people calling round in this manner, so my wife called the debt collection company this morning and explained that we own the property, that the person named on the letter did not live here, and that we would appreciate not being bothered by debt collectors calling at our address.

The company replied that they could not take my wife's word for it, and that unless we sent a copy of our mortgage agreement to them, they would assume that it was the correct address and someone would be visiting us shortly. At that point we would have to prove (1) our identities, and (2) our ownership of anything in the house.

My wife then told the company that we had the address and telephone number of the person named on the letter, but still they insist his isn't enough.

We obviously have some serious problems with this, foremost:

- in the current GDPR climate, how can a company insist that we send them something as personal as our own mortgage agreement when WE don't owe them a thing?
- even if we did send them the agreement, surely all that proves is that we own the property and not the listed person. Are they still going to chase things at this address?
- my wife actually has an energy supply agreement with the same energy company, as well as a boiler and central heating maintenance plan. We are and have always been fully up to date with our bills ever since the first day of living here. A quick check by the company would surely highlight that the debt cannot be attributed to our property.
- given that we have now given the company accurate details of where the person lives, isn't it their job to chase this up?

I feel this is bordering on harassment, but does anyone know what our rights are?

Many thanks in advance.

fatbelly

CES are idiots of the highest order, even though they are High Court Enforcement Agents. They are looking for goods owned by your brother-in-laws girlfriend and, although there are none there, it will be difficult to prove who owns every item in your house.

You won't be giving them your mortgage details and you won't be giving them peaceable access to the contents of your house.

To give them some credit, they do admit they can't force entry if they haven't previously been given peaceable access.

An Enforcement Agent cannot force an entry to a residential property* without first gaining peaceful admittance. Once inside, the Enforcement Agent can return and force entry later should it be required e.g the defendant has not adhered to the agreement terms from a previous visit.

Whether you choose to hold up your council tax bill to them at the window when they turn up is up to you.

If they cannot access any goods they will eventually give up. Your brother-in-laws girlfriend may wish to contact the company she owes money to and make some sort of payment.

Frodo23

fatbelly wrote: »

CES are idiots of the highest order, even though they are High Court Enforcement Agents. They are looking for goods owned by your brother-in-laws girlfriend and, although there are none there, it will be difficult to prove who owns every item in your house.

You won't be giving them your mortgage details and you won't be giving them peaceable access to the contents of your house.

To give them some credit, they do admit they can't force entry if they haven't previously been given peaceable access.



Whether you choose to hold up your council tax bill to them at the window when they turn up is up to you.

If they cannot access any goods they will eventually give up. Your brother-in-laws girlfriend may wish to contact the company she owes money to and make some sort of payment.

Thanks for that.

Out of interest, if we were to hide account numbers and the like, will sending them a mortgage statement get them off our backs, or are they likely to say "this doesn't prove the person doesn't live here"?

tealady

Hi OP. Please follow Fatbellys advice. The debt is not yours. Don't let them in if they visit, talk from an upstairs window if you must.
You are not obliged to tell these people anything

sourcrates

Just deny them entry, because if you let them in, they will inventory goods, and you will have to prove they are yours and not the debtors.

It will make things worse rather than better.

A letter of complaint to their head office accompanied by a copy of your council tax bill and/or electoral role entry may be helpful.

They can enter through an unlocked door, so be careful.