Baliffs for someone else's debt how to get rid

bimma

Hi all

Apologies if wrong place to post and if it is please move it.

Been having letters at my mum's house for a person that moved out in may 2018. Lived there 4/5 months

I have sent all letters back return to sender stating on there that person moved out in may 2018.

I googled the return postcode on one of letters to find out it was a debt recovery company. I called them to tell them to stop sending letters it's getting annoying having to send back. I emailed too. Still received them

So today I saw a very serious looking letter in that person's name without a return adress. i was !!!!ed off at seeing the letters keep coming so I opened it and it was bailiffs saying they had court order for unpaid council tax for that person court hearing feb. Total debt approx £500

And it was a notice of intention to remove goods.i. Know I shouldn't have opened it but with no return address it would go in bin anyway so I was nosy.

It appears to be posted by hand.

Question is how to deal with it..my car is on the drive on a sorn. Can they touch it without checking ownership of it. I technically don't know the bailiffs details as I "haven't opened letter "so don't know it's bailiffs . I don't have persons forward adress but I found him on FB and told him to sort his shot out..no response. I have message screen shot.

Location is birmingham

Thanks in sdvance

worried_jim

Pop the letters in the bin, ignore, they aren't for you and it's not your problem. Before taking your car any bailiff needs to establish ownership and it's not in the debtors name.

bimma

Thanks for that some re assurance. I have proof of ownership and if they turn up while I'm there I can show id and explain that the guy left may 2018

Can they still ask to enter to check .or ask for proof?.I'm assuming they have used HMRC records to get last known addess as I sent hmrc letters back return to sender too so clearly he hasnt updated that either

worried_jim

You could always call them, they will just be sending the same letter to every address they are or ever have been connected to, but as a third party they can't change any details so you may still continue to get them. Just pop in the bin and forget about it.

sourcrates

Bailiffs have no automatic right to entry for a council tax debt, this is not your debt, or your problem, if they attend, you keep them locked outside, and show them your ID, best to pre-empt this by writing to the bailiff company enclosing copies of your ID beforehand, don’t call them, they will not listen.

bimma

Thanks guys...but technically I shouldn't have opened that letter as it wasnt in my name but did it anyway so as . And there was no markings indicating who the bailiffs were. The letter was marked as private and confidential . As it stands I "don't" know who the bailiffs company is to be writing to them if it makes sense

fatbelly

bimma wrote: »

Thanks guys...but technically I shouldn't have opened that letter as it wasnt in my name but did it anyway so as . And there was no markings indicating who the bailiffs were. The letter was marked as private and confidential . As it stands I "don't" know who the bailiffs company is to be writing to them if it makes sense

As the bailiffs will be turning up in person soon, you might as well engage with them, and also the council.

Councils tend to employ aggressive bailiffs. The only person who could complain about opening that letter is the guy whose debt it is - and he should have been engaging with the council about his debts. Neither the council nor the bailiffs will be bothered.

The problem is if you are the same age/gender as the debtor the bailiff's default position is that you are him.

huckster

is the council tax debt owed at the address the bailiff letter has been received at ?

Or was the person living there responsible for a debt at a different address and they have simply traced them to the address ?

If the council tax is owed at the address the letter was delivered to and it is just that the council tax account was not updated , when this person moved out. Then I would suggest that your Mum visits the Council with all relevant documents and asks the Council to make necessary changes to the Council tax account for the address.

Mojisola

bimma wrote: »

Thanks guys...but technically I shouldn't have opened that letter as it wasnt in my name but did it anyway so as .

You can open any letter that is addressed to your address - it's a long-standing myth that you can't open post which has someone else's name on it.

bimma

Ok guys. The debt is from a council tax bill in 2017 for a flat in London but we're in Birmingham. He moved out in end may early June 18. I have sent all letters back as return to sender except those without a return adress on.

And yes I am the same race gender similar age as person in question although I haven't seen bailiff in person. I am happy to show my I.d if I meet them and explain and show the FB message I sent him to prove.

Will this be sufficient to get rid of them for good. they can camp outside and see if he actually lives there if they want which he doesn't. I'm just concerned about trying to force entry if my mum opens door to them if knocking

Mojisola..so based on your comment I can call the number on the letter for the bailiff and tell him ? Company is Whyte & co

WhenIam64

Mojisola..so based on your comment I can call the number on the letter for the bailiff and tell him ? Company is Whyte & co

Bailiffs are only interested in money. This means you'll be saving him a wasted trip by contacting him. If you can show a bill/invoice that shows you lived at xx address during the period that the council are claiming for yy address, then it may stop the visit.

Would also suggest you copy in the council plus ask them to rectify their records under the Data Protection Act 2018 to show that your address is not the one related to the debt. Sets the council up for a complaint to the Local Government Ombudsman IF they continue.

IMHO, the inability to get paid has more effect on a bailiff than a complaint.