Bailiffs have turned up at my parents

Mightyowl

Hi all,

I’m hoping someone can give me a bit of guidance or reassurance.

Today, a High Court Enforcement Officer turned up at my parents’ house trying to enforce a High Court Writ for a personal loan I owe. The debt is in my name only. Thing is — I haven’t lived at that address in over five years. My parents were understandably shaken up.

What’s even more worrying is that the enforcement officer claimed he could seize my parents’ car to satisfy the debt, even though it’s not mine, and I don’t live there.

Can they actually do that?

What are my parents’ rights here?

And what can I do to stop enforcement action happening at a house I don’t live at?

Any advice would be hugely appreciated — this has really stressed my family out, and I feel terrible for them.

Thanks in advance

la531983

Well the first thing and the right thing to do would be to contact them to give them YOUR address, wouldn't it? To stop them hassling your parents?

Ir they can prove the car is theirs then no, they can't take it 

FlorayG

You hear lots of stories about some of these 'enforcement officers' just trying to take anything they can regardless of who owns it. In their defence, I would bet loads of people who DO owe money make as many arrangements as they can to not own anything valuable so I can see why they push.
The big question here is, why does the debt company have your parent's address and not yours? If it's their mistake you can complain and make it clear that you don't live there now, you live*here*

fatbelly

This doesn't sound correct.

Personal loans would almost always come under the Consumer Credit Act.

High Court Enforcement Agents are not allowed to enforce Consumer Credit Act.debts

I think you need to look into this. Who was the original lender? Who started a court claim? Where and when? Who are the people claiming to be working under a High court writ?

Mightyowl

fatbelly said:

This doesn't sound correct.

Personal loans would almost always come under the Consumer Credit Act.

High Court Enforcement Agents are not allowed to enforce Consumer Credit Act.debts

I think you need to look into this. Who was the original lender? Who started a court claim? Where and when? Who are the people claiming to be working under a High court writ?

The lender was Commsave, and the claim was made by Commsave. 

I’m unsure which court issued the writ, as I wasn’t given a physical copy. The enforcement officer only had a digital version on his iPad.

The officer was from a company called Court Enforcement Services, which appears to be connected to CDER Group.

sheenas

Firstly they don't just turn up. There would have been letters and a court hear with letter that I assume have been ignored. I also would imagine the bailiffs send a enforcement letter 7 days prior.

Call the bailiffs - you can find their number on the notice of enforcement. It’s best to call them, as this is the quickest way to get in touch.

Tell them you’re not the person named on the notice of enforcement. Explain you’II send evidence to prove this and agree with them what they consider acceptable evidence. 

Ask them to put your case on hold while you’re sending in your evidence and they look into your case - they must do this if you ask. 

Talk to Citizens Advice on how to proceed.

Mightyowl

la531983 said:

Well the first thing and the right thing to do would be to contact them to give them YOUR address, wouldn't it? To stop them hassling your parents?

Ir they can prove the car is theirs then no, they can't take it 

I gave my address yesterday, over the years my parents have returned letters saying I no longer live at that address. 

Of course they can prove it’s owned by them, but the enforcement officer thinks otherwise.

Mightyowl

sheenas said:

Firstly they don't just turn up. There would have been letters and a court hear with letter that I assume have been ignored. I also would imagine the bailiffs send a enforcement letter 7 days prior.

Call the bailiffs - you can find their number on the notice of enforcement. It’s best to call them, as this is the quickest way to get in touch.

Tell them you’re not the person named on the notice of enforcement. Explain you’II send evidence to prove this and agree with them what they consider acceptable evidence. 

Ask them to put your case on hold while you’re sending in your evidence and they look into your case - they must do this if you ask. 

Talk to Citizens Advice on how to proceed.

It was the first time I had heard from the bailiffs! On the letter handed over to my dad yesterday it states, if you fail to contact me I may apply to the courts for a warrant of entry.

My parents have sent back many letters saying no longer lives here.

la531983

Mightyowl said:

Of course they can prove it’s owned by them, but the enforcement officer thinks otherwise.

Well they are talking rollocks.

LightFlare

Mightyowl said:

sheenas said:

Firstly they don't just turn up. There would have been letters and a court hear with letter that I assume have been ignored. I also would imagine the bailiffs send a enforcement letter 7 days prior.

Call the bailiffs - you can find their number on the notice of enforcement. It’s best to call them, as this is the quickest way to get in touch.

Tell them you’re not the person named on the notice of enforcement. Explain you’II send evidence to prove this and agree with them what they consider acceptable evidence. 

Ask them to put your case on hold while you’re sending in your evidence and they look into your case - they must do this if you ask. 

Talk to Citizens Advice on how to proceed.

It was the first time I had heard from the bailiffs! On the letter handed over to my dad yesterday it states, if you fail to contact me I may apply to the courts for a warrant of entry.

My parents have sent back many letters saying no longer lives here.

Sounds a bit “odd”

Why could they not just forward or pass them onto you

As above - if your parents can prove the car belongs to them and not you then it shouldn’t be seized.
Baliffs will target vehicles as they are relatively easy to remove and sell and will typically hold more value than household items
. They might be using tactics to “encourage” your parents to get you to deal with the issue.

You don’t happen to share a first name do you as that often leads to misidentification 

Mightyowl

LightFlare said:

Mightyowl said:

sheenas said:

Firstly they don't just turn up. There would have been letters and a court hear with letter that I assume have been ignored. I also would imagine the bailiffs send a enforcement letter 7 days prior.

Call the bailiffs - you can find their number on the notice of enforcement. It’s best to call them, as this is the quickest way to get in touch.

Tell them you’re not the person named on the notice of enforcement. Explain you’II send evidence to prove this and agree with them what they consider acceptable evidence. 

Ask them to put your case on hold while you’re sending in your evidence and they look into your case - they must do this if you ask. 

Talk to Citizens Advice on how to proceed.

It was the first time I had heard from the bailiffs! On the letter handed over to my dad yesterday it states, if you fail to contact me I may apply to the courts for a warrant of entry.

My parents have sent back many letters saying no longer lives here.

Sounds a bit “odd”

Why could they not just forward or pass them onto you

As above - if your parents can prove the car belongs to them and not you then it shouldn’t be seized.
Baliffs will target vehicles as they are relatively easy to remove and sell and will typically hold more value than household items
. They might be using tactics to “encourage” your parents to get you to deal with the issue.

You don’t happen to share a first name do you as that often leads to misidentification 

I haven’t lived at the address for 5 years 

He may have been using that tactic, but I clearly explained that I wasn’t in a financial position to pay the amount being demanded. Despite this, he continued to suggest I ask friends or family for the money. I responded by asking how I would be expected to repay them.

It’s proving really difficult to get any proper information on how CCJs for personal loans — particularly credit covered by the Consumer Credit Act — are being enforced through High Court writs.