Ex-partner - debt collectors

murph1993

Hello,

My boyfriend and I recently broke up. I am a home owner and he lived in my house with me for several months. Although everything is in my name (mortgage, all utility bills etc), he did register with a GP in the area and gave my address, gave my address to his workplace and also a few other things like register his bank details etc. I always knew he had a considerable amount of debt following him, and recently there has been quite a few letters coming for him which I've been holding onto to give to him. I started to get a bit worried and so opened one of them and my suspicions were confirmed, they are from a debt collecting company and the letter states if he doesn't pay up soon they will be sending bailiffs round to the address. He never owned anything in my house like furniture or electrical goods (apart from his own stuff, which is now elsewhere) but I'm worried bailiffs will not believe me since he is registered at my address and have the right to take my belongings? How can I tell the debt collectors that he no longer lives at this address and none of the stuff inside the house is his?

Any advice would be greatly appreciated, I am quite worried!

Thanks

RAS

Let's start with a reality check.

Debt collectors routinely try to put the fear of god etc into debtors by mentioning bailiffs and other nasties. Does the letter say, pay up or we will take further action which might include CCJ, bailiffs? Or are they citing a court case number? Most likely the former and further action just means we have another carefully worded threat in our computer which we will send in two weeks.

Bailiff collection for consumer debts is very rare, after failure to engage with several steps. Even though your ex used your address, bailiffs do not have the right to remove other people's property.

You aren't basically doing your ex any favours holding onto his mail. If there is anything important regarding court action, he is likely to miss the deadline for response because you have the letters.

I'd suggest you warn him that he needs to sort out mail redirection urgently, because if he misses court paperwork he's looking at CCJs. And that if he doesn't do so, in two months you'll be putting letters back in the mail box as gone away. Which also doesn't do him any favours.

If he kicks off re you opening a letter:

a) it is illegal to intercept and open a letter between posting and delivery to the address. Opening delivered mail is not a problem.
b) he's currently laying himself open to successful legal action by failing to tell his creditors his address or sort out redirection. You're doing him a favour kicking his butt.

EssexHebridean

Nobody who gets sent to your door (even if anyone does, which is relatively unlikely) will have ANY right of entrance. Make sure that you don't leave doors unlocked though - as if they can just turn a handle and walk in, that could prove to be trickier to deal with. Even then however, you stating that the person they are looking for no longer lives there should be sufficient for them. Not a nice thing to think about happening though - I appreciate.

Stateofart

If you have a forwarding address, it might be useful for the companies who then may leave you alone.

sourcrates

I think you are mis-interpreting what the letters say.

Debt collectors are private companies, not bailiffs, have they threatened "doorstep collection agents" ?

They are not bailiffs, just self employed boys and girls who happen to work for a debt collector, no more power than the chap that works in MacDonald's.

In any case, even if bailiffs were engaged, its not your debt, you don`t have to let anyone into your home, so its not your problem, relax.

murph1993

Hi everyone, thanks a lot for your responses, I'm feeling a bit more reassured now. I have checked the letter again and it does appear to be a court fine. I do remember seeing previous CCJ warning letters which he was aware about but ignored, and now this 'further steps' notice has come through from the Central Finance and Enforcement Unit, so I'm guessing they are linked although there is no case number on the letter but there is a division number and account number.. It states the letter is a warning that one or more steps will now be taken, including 'issuing a warrant of control to enforcement agents to take control of your goods'. I have made him aware of the letter to which he said he would deal with it but I'm obviously not feeling hopeful about that. 

This is all completely new to me so just been a bit worried this will fall in my lap since they have my address. Thanks again for your responses very much appreciated

sourcrates

Debts/fines etc are attributable to the named person, not any particular address, so don`t worry on that score.

lovemula21

Could you return any unopened mail to sender? I usually just write ‘return to sender, person unknown at this address’ on mail that’s not for me and put it in a post box or give it to the postie when I see them. 

Rob5342

lovemula21 said:

Could you return any unopened mail to sender? I usually just write ‘return to sender, person unknown at this address’ on mail that’s not for me and put it in a post box or give it to the postie when I see them. 

That's what I'd do. Royal mail say it takes 5 working days to set up mail redirection, so I'd give him a date in two weeks time and say anything received after then will get returned to sender.