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Bailiffs final notice - my sons!!
Comments
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Hi - how do I tell the difference between a debt collector at the door and a bailiff. My son has countless (!!!) letters and different debts, some obviously more important than others.
Obviously I'll ask for ID, but what key factor will tell me the difference. And if they are a bailiff - would the suggestion of me handing the letters back stating no longer lives here be ok.
Literally all day yesterday and today I have been curtain dodging and scared of any movement near my house. Utterly ridiculous as I personally owe nothing!!!! I'm livid with my son putting me in this situation but I'm still v v unsure whether I ignore the door or open it when they do come. I have all receipts ready and his room is empty and void of anything valuable (didn't have to do anything as he sold anything he had of value anyway!!!) :-(
For a bailiff to attend, the debt must have been to court, had judgement granted in favour of the creditor, and had no payment made against the debt.
A bailiff must also write to you giving 7 days notice of attendance, this is the compliance stage.
A debt collector doesn’t have to do any of that, they can turn up as and when they feel like it, but they have no formal power, either of entry, or to demand money from you, and you can slam the door in their face and call the police to remove them if you wish.
Bailiffs tend to act on a warrant, so all the police can do is make sure a breech of the peace doesn’t occur.
Always ask for ID before you open the door.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
As you are off, speak to a solicitor about obtaining an afidavit. This is basically a Legal document stating that your son no longer lives at your address.0
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sourcrates wrote: »For a bailiff to attend, the debt must have been to court, had judgement granted in favour of the creditor, and had no payment made against the debt.
A bailiff must also write to you giving 7 days notice of attendance, this is the compliance stage.
A debt collector doesn’t have to do any of that, they can turn up as and when they feel like it, but they have no formal power, either of entry, or to demand money from you, and you can slam the door in their face and call the police to remove them if you wish.
Bailiffs tend to act on a warrant, so all the police can do is make sure a breech of the peace doesn’t occur.
Always ask for ID before you open the door.
Ok so the ID will tell me they are bailiffs or not and if they don't have a warrant then I can just politely say he doesn't live here and goodbye.0 -
Hi all - managed to speak to a solicitor. I've been advised to write a statement of truth that my son does not live here. I'll be taking that to a solicitor to sign and witness (just a fiver!!) and I'll be sending that letter along with my council tax letter as proof of my address and I'll be sending that to the bailiff address. I'll keep copies so I can send it to others as I know more are coming!! I'll also return all post that arrives for him as return to sender.
Thank you all for your advice and reassuring words. I did manage to feel better.0
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