CCJ - bailiff being sent next week - except...

saskay

Apologies - if in the wrong forum.

The person - let's call him - Mr Smith, who the letter is addressed to doesn't live here - I don't even know who he is. I receive letters on this matter at my address over the last few months.

I had received a letter from County Court Business Centre a while ago addressed to the same person - Mr Smith. I put it back in the post - with "return to sender" written on top. Did this two times.

I also received a few letters from a law firm- again addressed to Mr Smith, but the letter didn't have a sender's address, so I opened it and noticed that they are after Mr Smith in relation to an accident from a few years ago.

The most recent letter says bailiffs are going to come to my house - what should I do - again, I don't know who this person is and have no relation whatsoever.

What should I do? Should I call the law firm and tell them the person they are after doesn't live here?

huckster

The local County Court will send bailiffs out to the address to check if Mr Smith lives at the address. As soon as they are satisfied that Mr Smith does not live at the address, the Court will return to the claimant saying the debtor does not live at the address. It is then up to claimant to search for Mr Smith at another address.

You could phone the number on the latest letter advising that Mr Smith does not live at the address and what do they want to prove this e.g. Council tax bill just showing your name. The Court may still want to send bailiffs out to the address, as people do tell fibs about who lives at an address.

You do not have to let them into the house. They cannot force entry. If you or others in the house see them, you can simply provide documents at the door confirming who lives at the address. So have copies of documents ready to show the bailiffs if they turn up.

WhenIam64

Bailiffs do not just "turn up" when there is a CCJ. There is a fee to be paid.

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

So whoever has this [default] CCJ seems to be going to extraordinary lengths to collect monies. Seems it may be an amateur as most people prior to paying a fee for a bailiff do rudimentary checks on addresses.

The irony is that the CCJ can be set-aside as the claim failed on good service. So whoever is chasing Mr Smith may be out a set-aside fee and a bailiff fee.

If you want to save the creditor some cash, then call the court and advise. If you think the creditor should pay for the hassle of visiting somewhere where Mr Smith does not live, then wait for the visit and let the bailiff know then.

sourcrates

Good advice above, what you must remember is this is not your debt, and you cannot be held liable for it, I would say its best to pre-empt the bailiffs visit, by way of phoning the court, as advised above.

They may require you to provide evidence of your identity, but its much easier to do this before a visit, rather than at the doorstep, as bailiffs have heard every story under the sun, and once they attend, they will just be looking for payment, so for your own benefit, i`d ring the court first thing in the morning.