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  • FIRST POST
    • charlotte_rose
    • By charlotte_rose 20th Mar 17, 7:21 PM
    • 229Posts
    • 28Thanks
    charlotte_rose
    My sisters debt, my address
    • #1
    • 20th Mar 17, 7:21 PM
    My sisters debt, my address 20th Mar 17 at 7:21 PM
    The former partner of my estranged sister has been awarded a ccj against her.

    He has named my address on the basis he visited here some years ago and our 85-year old partially blind mother who lives with me.

    Apart from the infrequent email (which he has) we are not in contact with my sister and do not know her current whereabouts. We believe she moved from her own house in 2016 and rents.

    I am very concerned for my mother who is at home during the day, trusting and easily confused now being confronted by a debt collector.

    What is the best way to deal with a visit by bailiff or sheriff given the above so they leave and do not return?
Page 1
    • TBagpuss
    • By TBagpuss 20th Mar 17, 8:16 PM
    • 7,174 Posts
    • 9,412 Thanks
    TBagpuss
    • #2
    • 20th Mar 17, 8:16 PM
    • #2
    • 20th Mar 17, 8:16 PM
    I would suggest that you write to the court stating that your sister doesn't live at the address and that nothing there belongs to her, and that you are concerned that your mother, who is a vulnerable adult, resides there.

    Tlak to your mum - make sure that she knows that the bailiffs are not entitled to come into the property unless invitied, so if she has any conversations with them she should do so through the door (does she have a security chain?) and not invite them in.
    Having proof that your sister doesn't live there will help, so suggest that you mum has a council tax bill or other proof that no one else lives there.
    It may be worth having available whatever information you do have about your sister's whereabouts - for instance, a note which says "[sister's name] has never lived at this address. I don't know her current address. Her last address that I know of is [old property]. The last phone number I have for her is [number]
    • TheGardener
    • By TheGardener 20th Mar 17, 9:19 PM
    • 2,696 Posts
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    TheGardener
    • #3
    • 20th Mar 17, 9:19 PM
    • #3
    • 20th Mar 17, 9:19 PM
    I would agree that you need to contact the court as soon as possible and explain the situation. Have you already had mail about the CCJ? I'm assuming the ex BF told you he'd used a relatives address?

    Obviously lots of people say "oh s/he doesn't live here" when debt collectors come to the door but you need to gather some evidence - something from a landlord? social services? electoral register etc? I understand from your post that you and your mum live at the address in question (and assume you are not in full time education?) so the council tax bill will not show the single persons discount?

    Will mum understand that if someone calls she is not to let them in and have a note she can give them (though the letter box if necessary) that gives your phone number so they can contact you to discuss?

    Also worth checking your credit file to see if she is linked with your address?
    • charlotte_rose
    • By charlotte_rose 21st Mar 17, 7:44 AM
    • 229 Posts
    • 28 Thanks
    charlotte_rose
    • #4
    • 21st Mar 17, 7:44 AM
    • #4
    • 21st Mar 17, 7:44 AM
    Thank you.

    Her home address is listed on the CCJ. Her ex partner emailed her and cc-ed me in saying my address will be given as a contact so I am not sure its officially listed with the court.

    I know she sold in Sept 2016. I visited shortly before to see my nephew before he went to uni. Since she been living in rented sector with her friends in at least two places but we never knew her address. Last saw her at Christmas.

    The last contact number we have for her is not connecting. Her son might have a number. Should I get it and pass it on or not?

    This is the 2nd or 3rd time her ex has drawn us in despite we have no knowledge and less interest in their affairs and met him once. He knows very well that my sister is estranged from us.

    I feel its meant to cause alarm similar to harassment to us and pressure her into some sort of action as if our mum is a bargaining chip.

    I am the homeowner. My sister has never spent a night here, isnt listed on the electoral roll or CT bill.
    Last edited by charlotte_rose; 21-03-2017 at 7:53 AM.
  • National Debtline
    • #5
    • 21st Mar 17, 12:40 PM
    • #5
    • 21st Mar 17, 12:40 PM
    Hi Charlotte_rose,


    Creditors will issue claim forms to the last known UK address, which you say they have listed on the forms but you are listed as an additional contact address. That could be a pressure tactic or it may be a requirement for the claimant (her ex) to list any potential addresses. It sounds as though this is a personal situation between your sister and her ex, and if that is the case there will be no consumer credit act protection but her ex will still have to follow the civil procedural rules at court. These are particularly extensive.

    Have you tried speaking to the court about what information they may require in a situation like this to stop any action against your address? Proof of who lives at the address is a great tip and I would try and find copies of these. You could even email/ write to her ex and make the situation clear to him (in a formal letter) so that he cannot claim he 'didn't know' she wasn't there. And, it may even be worth trying to find some cheap or free legal advice, as it could become an issue of harassment. There are plenty of places you can look, but here is a link for you to try www.lawcentres.org.uk


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • TBagpuss
    • By TBagpuss 21st Mar 17, 1:15 PM
    • 7,174 Posts
    • 9,412 Thanks
    TBagpuss
    • #6
    • 21st Mar 17, 1:15 PM
    • #6
    • 21st Mar 17, 1:15 PM
    Thank you.

    Her home address is listed on the CCJ. Her ex partner emailed her and cc-ed me in saying my address will be given as a contact so I am not sure its officially listed with the court.

    I know she sold in Sept 2016. I visited shortly before to see my nephew before he went to uni. Since she been living in rented sector with her friends in at least two places but we never knew her address. Last saw her at Christmas.

    The last contact number we have for her is not connecting. Her son might have a number. Should I get it and pass it on or not?

    This is the 2nd or 3rd time her ex has drawn us in despite we have no knowledge and less interest in their affairs and met him once. He knows very well that my sister is estranged from us.

    I feel its meant to cause alarm similar to harassment to us and pressure her into some sort of action as if our mum is a bargaining chip.

    I am the homeowner. My sister has never spent a night here, isnt listed on the electoral roll or CT bill.
    Originally posted by charlotte_rose

    No, don;t thin kthat you need to actively try to get her contact details. The point of providing the 'last known' details you have is to show that you are not trying to hide her or to prevent her from being found.

    It may be wroth geting a formal letter sent to the ex statingthat as he knows, she has never leived with you and you are not able to become involved in an dispute hemay have with her, and that if he contacts you, or your mother directly or indirectly, or comes to your home, or encourages or instructs any third party to do so that you will consoder that to be harassment and will report it to the police as such.

    Keep a copy ofthe letter and follow through. Also consider sending a opy of the letter to the court and to any bailiffs making clear that you don't have any contact with your sister and that you belive that her ex has provided your name and address in order to try to intimidate or pressure you or your mother into paying him.
    • Mrsdstar
    • By Mrsdstar 8th Jan 19, 5:58 PM
    • 25 Posts
    • 1 Thanks
    Mrsdstar
    • #7
    • 8th Jan 19, 5:58 PM
    • #7
    • 8th Jan 19, 5:58 PM
    Sorry to jump on need help. Ccj has apparently been awarded to me for an old debt. The court papers were sent to my mum's old address. I didn't know about the court papers so didn't defend it. I can't see the ccj on my credit file....what should I do?
    • DCFC79
    • By DCFC79 8th Jan 19, 6:09 PM
    • 33,831 Posts
    • 21,319 Thanks
    DCFC79
    • #8
    • 8th Jan 19, 6:09 PM
    • #8
    • 8th Jan 19, 6:09 PM
    Sorry to jump on need help. Ccj has apparently been awarded to me for an old debt. The court papers were sent to my mum's old address. I didn't know about the court papers so didn't defend it. I can't see the ccj on my credit file....what should I do?
    Originally posted by Mrsdstar

    You would have been better starting your own thread.
    • DannyPearce90
    • By DannyPearce90 13th Jan 19, 9:51 AM
    • 63 Posts
    • 19 Thanks
    DannyPearce90
    • #9
    • 13th Jan 19, 9:51 AM
    • #9
    • 13th Jan 19, 9:51 AM
    CCJ's don't appear on Credit Expert etc reports but they can still be found by your creditors.

    You need to apply to the court for more details. There is little chance of this being reversed unfortunately. You could have applied for it to be "set aside", but it is too late now.
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