Civil Enforcement Ltd problems with previous tenant

Caroline3642

I keep getting post from Civil Enforcement Ltd for the previous tenant of my home. They moved away 2 years ago but having had the police on my doorstep several times I know that he hasn't taken this address off of the DVLA or his licence. I have informed DVLA several times and I keep getting letters from Civil Enforcement that I send back as 'Not at this address' and even started putting on the envelope when they moved out. I recieved another today and when I tried to call the company I had to  open the letter to give them the PCN reference. All I got then was a choice of how to pay. I cannot get to speak to anyone and the letter is informing the previous tenant that they are taking him to court and if he still doesn't pay they will send in the Bailiffs. Does anyone know how to speak to someone at this company and does anyone have any idea how I prove he doesn't live here as my tenancy is online. Should I print off a copy? Thank you for any help. 

la531983

Send everything back to sender as not known at this address.

If anyone does visit simply show them a council tax bill and or your tenancy, and state they no longer live there, their debt isnt your problem.

Zbubuman

This is the standard approach of parking companies and their solicitors of not bothering to trace a current address for the previous tenant.  As mentioned just return them marked as no longer this address. 

If you can spare the time, @Coupon-mad might be interested in your situation. She is campaigning to expose the nefarious practices of how these parking companies continue to flout the court system and do as they please. Your situation would be a perfect example of this. 

Brie

If bailiffs or debt collectors do show up don't allow them in the house.  Doesn't matter if it's tipping down with rain or they're desperate for the loo.  Tell them "Bob" doesn't live here anymore and moved out 2 years back.  Have your phone ready to film them if they get pushy as they'll back off quickly if they think you have evidence of them acting with violence or being threatening.  

Good luck - I'm just at the start of this having just started receiving requests for money from the DVLA for the occupant from 6 years back!  

LDast

Are you the owner or a tenant of the address? In order for you to have the necessary ammunition to deal successfully with this, you need to take certain steps if you feel that you are being harassed.

Sections 1 and 3 of the Protection from Harassment Act 1997 are what apply. Here is an overview of these sections and how they might apply:

Section 1 of the Protection from Harassment Act 1997 states:

1. A person must not pursue a course of conduct—

    a. which amounts to harassment of another, and

    b. which he knows or ought to know amounts to harassment of the other.

2. For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

Section 3 of the Protection from Harassment Act 1997 provides for civil remedies, including the ability to seek an injunction and claim damages:

1. An actual or apprehended breach of Section 1(1) may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.

   

2. The claim may be for damages for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.

   

3. Where—

    a. in such proceedings, an actual breach of Section 1(1) is proved on the balance of probabilities, and

    b. the court considers it just and convenient to do so,

   the court may grant an injunction to restrain the defendant from pursuing any conduct which amounts to harassment.

   

4. The court granting an injunction may attach a power of arrest to any provision of the injunction.

To apply these sections, the tenant/owner would need to demonstrate that:

1. Course of Conduct: There was a course of conduct (e.g., repeated letters or threats from debt collectors).

2. Harassment: This conduct amounted to harassment. Harassment includes alarming the person or causing them distress.

3. Knowledge: The creditor knew or ought to have known that their actions amounted to harassment. This can be shown if a reasonable person would consider the actions to be harassing.

4. Evidence: There is sufficient evidence of this harassment, such as copies of all communications, records of returned letters, and any responses from the creditor.

Steps to Take:

1. Document Everything: Keep detailed records of all letters received, attempts to contact the creditor and the debt collectors, and any responses.

2. Send a Formal Cease and Desist: Clearly inform the creditor (CE) of the harassment and demand that it orders their agents to stop immediately. This will strengthen your case by showing that CE was made aware of the issue.

3. File a Claim: If the harassment continues, you can file a claim in the civil court under Sections 1 and 3 of the Protection from Harassment Act 1997, seeking an injunction and damages for anxiety and any financial loss caused by the harassment.

Here is a suggestion for a formal letter to CE explaining that you are not the person they are seeking and that you are the current resident. Include evidence such as a copy of your lease or a utility bill showing your name and address. Inform them that it is a Letter Before Claim.

Dear Sir,

Subject: Misaddressed Debt Collection Correspondence and Letter Before Claim

I am writing to inform you that I, [Your Name], am the current tenant/owner at [Your Address]. I have been receiving debt collection letters addressed to [Previous Tenant’s Name], who has not resided at this address for over [X] years.

Despite returning these letters marked "Not at this address" and contacting the debt collection agency, I continue to receive these letters, which are causing undue stress and inconvenience.

I insist that you immediately rectify your records to reflect that [Previous Tenant’s Name] no longer lives at this address and instruct your debt collection agents to cease all correspondence to this address regarding this matter.

Enclosed are copies of my [lease agreement/utility bill] proving my residency. As you have now been provided with evidence that I am the occupant of this address, failure to comply with this request within 14 days will leave me no choice but to file a claim for harassment under sections 1 and 3 of the Protection from Harassment Act 1997.

Your immediate attention to this matter is required. Should I not receive confirmation that you have acted to correct this situation within 14 days, I will proceed without further notice and you should pass this letter on to your legal advisors.

Yours faithfully,

[Your Name]