Final Notice of Removal

Phildave · 10 November 2017 at 1:58PM

I had a visit yesterday from an "Enforcement Agent" (from a debt collecting agency) who handed me a "Final Notice of Removal". When I pointed out that it was addressed to my son who no longer lived here he said that it was irrelevant as this was the address that had been given to him by the court (apparently my son was taken to court through non payment of council tax) and that unless the outstanding amount was paid by 6pm his colleagues would return and take away items up to the amount owed (obviously I did not intend to let them in). I then reiterated that my son had moved out almost a year ago, was not on our electoral role and so none of his possessions were here, I was then told that "unless I could prove that any item they wished to take belonged to me they were entitled to remove it".
We arranged for the outstanding amount to be paid so it was halted but I just wonder was the position was as my son no longer lived at this address - surely they have no right to remove items unless I can prove they belong to me ?

Candyapple · 10 November 2017 at 2:09PM

Were they court appointed bailiffs?

Regardless, once you told them that the debtor no longer lives there, they should have gone back to their client and told them this so they can seek other avenues of getting their money back.

Why did you pay? You just made it look like you were lying/covering for your son so their tactics obviously got the job done for them in the end.

Phildave · 10 November 2017 at 2:31PM

I didnt pay - my son (rightly) paid

Candyapple · 10 November 2017 at 2:38PM

Phildave wrote: »

I didnt pay - my son (rightly) paid

OK, it just read that you paid to make them go away.

fwor · 10 November 2017 at 2:54PM

Phildave wrote: »

surely they have no right to remove items unless I can prove they belong to me ?

I believe it depends on a number of factors, such as which court the bailiffs were appointed by - under some circumstances they can remove items unless you can prove they belong to you. But IIRC they have to have reason to believe that your son is resident at the address - and in this case it sounds like they did not.

However... it was probably wise for your son to pay anyway, because every time they visit a property to collect they can add more fees, so when (if) they eventually caught up with him it would have cost him more money.

sourcrates · 10 November 2017 at 3:27PM

They cant remove anything if you don't let them in.

They cannot force entry, they can only enter by peaceful means.

Unfortunately the address on the writ overrules all else, makes no difference if he dosent live there, the writ has to be challenged legally, in court, your word is not sufficient, and yes, in order to prove ownership, any goods would need a receipt in your name, in order not to be seized.

For anyone else in a similar situation, check out this site :

https://mybailiffadvice.co.uk/free-bailiff-advice.html?gclid=EAIaIQobChMImO6e-Ju01wIVaLXtCh1KkwTXEAAYASAAEgJD7_D_BwE

Three Golden rules when dealing with bailiffs :

(1) Do NOT let them in.

You are not obliged to let anyone into your home, so don't.

(2) Do NOT be intimidated.

You don't have to speak to bailiffs and do not respond to intimidation.

(3) Do NOT sign anything.

You simply mustn't sign anything a bailiff or bailiff company puts in front of you.

AndyPix · 10 November 2017 at 4:49PM

^^ Couple of things there ...

Of course it makes a difference if the person named on the writ lives there as that is who they are charged with collecting the debt from.
Think about that - what if a bailiff turned up at my door with a writ in the name of the previous occupant .. Does that mean they are entitled to take my stuff - of course it doesnt.

And also your point 1 .. That is only true unless they are high court bailiffs (sherrifs) . They can use "necessary reasonable" force to gain entry.

Shakin_Steve · 10 November 2017 at 5:01PM

High court bailiffs cannot use force of any kind to enter a residential property, they can only make ‘peaceful entry’. They can use force to enter commercial premises.
Does no one watch ‘Can’t pay..........’?

AndyPix · 10 November 2017 at 5:04PM

^^ I stand corrected

It is once they have already been in that they can force entry again

Shakin_Steve · 10 November 2017 at 5:09PM

Magistrates bailiffs can force entry to collect unpaid fines. It’s all a bit of a mine field and, I would imagine, a nightmare whether you know your rights or not.

nic_c · 11 November 2017 at 10:51AM

Unpaid council tax tends to be high court rather than magistrates court. Not paying council tax has more implications than not paying a catalogue or phone bill when it comes to enforcement orders

Final Notice of Removal

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