Bailiff letter to wrong address

catnap53

Not sure where to post this as the debt is not owed by us, but hope those who have some info would be around on this part of the forum.

My 80 year old mother lives in a block of 6 council flats with a communal front door with intercom, then individual doors to each flat.

At about 7.30 this morning the tradesman's buzzer was pressed, the man on the ground floor opened the door and was asked if he was the caretaker (there isn't one, its just normal flats) as a man with a briefcase put a letter in his hand and swiftly left.

The address was my mother's flat number, but the name was not hers, nevertheless her neighbour took it up to her. Neither of them knew the name on the letter, but she remembers a letter being delivered a few weeks ago with the same name. She gets at least 2 or 3 items of post a week that do not belong to her, some with the right address and many different names, some that don't even have the right address on.

She doesn't get out much these days (only to the bank by taxi to get her pension) as she is waiting for a cataract op, so we usually put them back in the post box for her, or sometimes she manages to catch the postman and asks him to take them back. Anyway she remembers giving this particular letter to the postman.

Her neighbour suggested they opened the letter and it is from Marston High Court Enforcement Officers on behalf of HMCS for a fine and fees to be paid of 345 pounds and that they have the power to enter by force and remove goods. He used her phone to call the 0870 number and was apparently on the phone for ages, but could get no one who knew anything about it. He rang the court and they said they knew nothing. He then went to the police station where no one was at the desk for 30 minutes and finally was advised that she write to the company ASAP with proof of her tenancy.

I got to hear about it when I got home from work as she had phoned my son in a panic as she thinks they will break in and take her things. I have told her not to worry and not to open the door to anyone.

Can anyone advise us? I can fax a letter in the morning if that is the right thing to do.

Thanks

10past6

Hi

I would send this letter to the court, also creditor, and DCA if one is listed, and send by RECORDED DELIVERY, keep a copy to show should anyone turn up unexpectedly:

(Your home address)
_________________
_________________
Date: ____________

To: ______________
__________________

Dear Sir/Madam

Account no:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable.

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully

(Your signature)

GeorgeUK

Not sure about this. The above letter is usually used for a debt collection agency. Not sure if the same applies to a court appointed bailiff, but i don't know.

The letter from the bailiff itself seems a bit odd.

they have the power to enter by force and remove goods

The bailiff cannot enter your house by force, but they can legally enter your property through open windows or unlocked doors, so make sure all doors and windows are locked or closed.

Once the bailiff has been inside your house by entering peacefully, they can call again at a later date and enter your house without your permission, forcefully, to remove your goods.

So basically, make sure doors and windows are locked and if you answer the door to them, they can't simply push past you to gain entry (may be different for a Crown debt).

It doesn't sound like this is what the letter says. If the court knows nothing about it, then i'm getting even more suspicious. Does the letter state who they are collecting the debt on behalf of? It may be a proper bailiff company, or it may be a debt collection agency trying it on. It is commonly advised on the board not to give a DCA your signature as there have been cases of "creative" use on legal documents.

If it is a bailiff, you could have your mother keep a copy of her council tax bill at the door to show anyone who comes calling that she is the tenent there. Just don't let them in - under any circumstances. eg - oh, we should notify the office of that. Can we use your phone...
Also she should ask to see their ID and the warrant from the court. Only a bailiff will have a warrant.

If it is a DCA, then they have as much right to enter your property as the paperboy. NONE. Ask them to leave and if they don't inform them they are trespassing and are going to contact the police.

I'm very unsure what to do as the court know nothing of this and should if they have issued a warrant.

I would contact the creditor they are collecting on behalf of. If this is not known then i would contact the bailiffs and ask for the warrant number. If they don't know anything about it, then there is hopefully a reference number on the letter that can help. Failing this, let your mother know that it is ok to call the police out if someone is demanding entry to the house. They will be there to make sure no laws are broken by either your mother or the bailiff/DCA.

I wouldn't send any letters or personal details until i was sure who i was dealing with.

catnap53

Thanks for replies. The letter says the client is HMCS and the offence was harrassment. I assume that it is a court fine and different from owing money to a financial institution that has now gone through the courts.

I have to go to work now, so can't stay with her. She lives on her own and I have told her not to open the door, but I am sure the well meaning neighbour will oblige. I still wonder why he took and delivered a letter that wasn't addressed to her, but she said he was just given it.

The letter was in a plain brown window envelope, no stamp or return address. She has lived there since 2001, and doesn't remember anyone in the block having that name, even from before that as my aunt had lived in an adjacent flat for many years before that.

I have googled Marstons and they do appear to exist, matches info on the letter. There is also a Drakes reference number on the letter. I have scanned in a utility bill so could send this today.

I am really worried as she already suffers from depression and has recently been in hospital for breathing difficulties that are made worse when she has panic attacks.

I think I will ring the court, might be able to get some more information, but then if the offence has been committed by someone else they will be bound by data protection I suppose. Then again was it not their duty to check that the data they had was correct before sending such a FINAL NOTICE.

Thanks