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Receiving debt recovery letter (CCJ) for sibling - edited

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Comments

  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    Ergates said:
    pogofish said:
    So if one has nothing to hide and just wants this to end, why not be reasonable to all inc yourself and just let them in?

    I can see the principle of it but not letting them in will just keep this thing going IMO.


    One very pertinent reason might be because bailiffs are often not reasonable people and will use every trick in the book in order to just get the money - and their "fee", which may well over-inflated.

    Also, IIRC in England and Wales, once they have gained entry to serve their notice, a bailiff might have considerably more powers than when they are outside on the doorstep and not getting-in.  This is why the help of people more up to date on bailiff methods is needed.  The OP needs to keep it that way.
    Not for me. I have nothing to hide so will let them in.
    Letting them in doesn't prove he doesn't live there, it would just show that he's not in the property right now - and even establishing that would involving them searching the entire house top to bottom (to check he' not just hiding in a wardrobe or under a bed, etc), which they're unlikely to want to do.   It's very hard to prove a negative, so it'll still come down to whether or not they take the OPs word for it. 

    If the OP is polite, shows them some ID to establish that he's not the person they're looking for and explains the situation (the BiL doesn't live here, has never lived here and is estranged from the OP's wife so she has no idea where he is) they should accept that and leave.  If they don't, then letting them in isn't going to improve matters.
    Ergates said:
    pogofish said:
    So if one has nothing to hide and just wants this to end, why not be reasonable to all inc yourself and just let them in?

    I can see the principle of it but not letting them in will just keep this thing going IMO.


    One very pertinent reason might be because bailiffs are often not reasonable people and will use every trick in the book in order to just get the money - and their "fee", which may well over-inflated.

    Also, IIRC in England and Wales, once they have gained entry to serve their notice, a bailiff might have considerably more powers than when they are outside on the doorstep and not getting-in.  This is why the help of people more up to date on bailiff methods is needed.  The OP needs to keep it that way.
    Not for me. I have nothing to hide so will let them in.
    Letting them in doesn't prove he doesn't live there, it would just show that he's not in the property right now - and even establishing that would involving them searching the entire house top to bottom (to check he' not just hiding in a wardrobe or under a bed, etc), which they're unlikely to want to do.   It's very hard to prove a negative, so it'll still come down to whether or not they take the OPs word for it. 

    If the OP is polite, shows them some ID to establish that he's not the person they're looking for and explains the situation (the BiL doesn't live here, has never lived here and is estranged from the OP's wife so she has no idea where he is) they should accept that and leave.  If they don't, then letting them in isn't going to improve matters.
    Letting them in can go a long way to proving the person or fraud does not live there and never did or moved away years ago and living somewhere else. That is what I'd do but everyone is different.
    Thanks
  • Floss
    Floss Posts: 9,339 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
     
    Please take note of the following -

    Under no circumstance should you ever, ever allow a bailiff entry to your home, no matter what, its not about being polite, or having nothing to hide, if you let them in once, that gives them the absolute right to enter again, at any time of their choosing, whether you are at home or not, and search for goods to seize to re-pay the debt with, you must prove these goods then belong to you, not everyone keeps receipts for things they buy, it could open a whole new can of worms, which ultimately you would win, but the hassle created would be tremendous, and you really don`t want that. They cannot forcibly enter private property for this debt, only through an unlocked door, and no force can be used under any circumstances, but once they are in, they are in, and that sets the precedent.
    @diystarter7 perhaps you had better take note of this yourself, rather than making potentially foolhardy suggestions. Sourcrates know their subject.
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  • RAS
    RAS Posts: 36,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'd add that bailiff law was tightened up about 10 years ago, so whatever happened "years ago" is no longer relevant.
    If you've have not made a mistake, you've made nothing
  • pelirocco
    pelirocco Posts: 8,275 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Ergates said:
    pogofish said:
    So if one has nothing to hide and just wants this to end, why not be reasonable to all inc yourself and just let them in?

    I can see the principle of it but not letting them in will just keep this thing going IMO.


    One very pertinent reason might be because bailiffs are often not reasonable people and will use every trick in the book in order to just get the money - and their "fee", which may well over-inflated.

    Also, IIRC in England and Wales, once they have gained entry to serve their notice, a bailiff might have considerably more powers than when they are outside on the doorstep and not getting-in.  This is why the help of people more up to date on bailiff methods is needed.  The OP needs to keep it that way.
    Not for me. I have nothing to hide so will let them in.
    Letting them in doesn't prove he doesn't live there, it would just show that he's not in the property right now - and even establishing that would involving them searching the entire house top to bottom (to check he' not just hiding in a wardrobe or under a bed, etc), which they're unlikely to want to do.   It's very hard to prove a negative, so it'll still come down to whether or not they take the OPs word for it. 

    If the OP is polite, shows them some ID to establish that he's not the person they're looking for and explains the situation (the BiL doesn't live here, has never lived here and is estranged from the OP's wife so she has no idea where he is) they should accept that and leave.  If they don't, then letting them in isn't going to improve matters.
    Ergates said:
    pogofish said:
    So if one has nothing to hide and just wants this to end, why not be reasonable to all inc yourself and just let them in?

    I can see the principle of it but not letting them in will just keep this thing going IMO.


    One very pertinent reason might be because bailiffs are often not reasonable people and will use every trick in the book in order to just get the money - and their "fee", which may well over-inflated.

    Also, IIRC in England and Wales, once they have gained entry to serve their notice, a bailiff might have considerably more powers than when they are outside on the doorstep and not getting-in.  This is why the help of people more up to date on bailiff methods is needed.  The OP needs to keep it that way.
    Not for me. I have nothing to hide so will let them in.
    Letting them in doesn't prove he doesn't live there, it would just show that he's not in the property right now - and even establishing that would involving them searching the entire house top to bottom (to check he' not just hiding in a wardrobe or under a bed, etc), which they're unlikely to want to do.   It's very hard to prove a negative, so it'll still come down to whether or not they take the OPs word for it. 

    If the OP is polite, shows them some ID to establish that he's not the person they're looking for and explains the situation (the BiL doesn't live here, has never lived here and is estranged from the OP's wife so she has no idea where he is) they should accept that and leave.  If they don't, then letting them in isn't going to improve matters.
    Letting them in can go a long way to proving the person or fraud does not live there and never did or moved away years ago and living somewhere else. That is what I'd do but everyone is different.
    Thanks
    How can letting them in prove the person they are after doesn't live there ? Unless you are going to let them rifle  through drawers  or cupboards for " incriminating  " paperwork 
    You need to take heed of posters who know much more than you do on these matters
    Vuja De - the feeling you'll be here later
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