Ducati Sporting Club UK > General > Idle Chat > Problems with Bailiffs - advice needed

[MJS]

A friend of mine has recently moved into a rented property. Unfortunately it seems the previous tenant left owing money left right and centre. Despite having returned mail as ‘not known at this address’, he is now getting visits from bailiffs looking to collect money/possessions from the previous tenant.

The last time the bailiffs called, he had to call the Police to get rid of them, despite having a tenancy agreement showing when he rented the flat and utility bills in his name.

Has anybody else ever experienced this, is there a way of stopping this harassment? The easy answer would be to move somewhere else, but he’s tied into a 6 month contract, or could that be broken under the circumstances?

Thanks
Martin

[TP]

I had this in my flat!

I came home from work one day to find a rather nasty letter waiting for me saying that this Bailiff dude would be back later that evening and if I wasn't there he would enter the property and start taking things - it was the first communication he'd sent to the flat since I'd moved in some months before.

I rang the guy and told him that he was looking for someone else. He got rather cranky and said he was coming anyway, I told him I was more than happy for him to turn up with the police because once they understood the situation they'd tell him to b u g g e r off. He just kept going on and on until I hung up on him.

He didn't show and I haven't heard anything since.

There must be a some regulating body your friend can complain to? If there's no other meaningful advice I'd suggest getting your friend to contact the Citizens Advice Bureau.

[Loz]

Can't help you with this, Martin, other than perhaps to suggest seeking a restraining order on the collection agency, preventing them approaching your friend's rented property.

As an aside, I don't know whether the law has changed recently, but where a business has a lease with a landlord, the landlord was legally entitled to seek payment of arrears from previous business tenants from the current tenant. I think that arrears of unified business rates could also be claimed from the current tenant by the Local Authority. Weird stuff, that.

Hope it gets sorted.

[antonye]

Yes, had the same thing with Powergen (spit) who claimed that a Miss L Davies living at my address owed them money ... which was news to me as we bought our house off plan (ie, it was built for us!) so nobody else has ever lived there!

It turned out that some estate agent had given an incorrect forwarding address to the electricity company, and on the strength of this (without even cross-checking their own records as we were Powergen customers at the time) were able to pass this debt off to the baliffs who sent us nasty letters.

I got very shouty on the phone with Powergen, who then proceeded to get worse as they assured me it would not happen again but still the letters arrived. I finally got through to an understanding lady who worked it all out (the fact that they couldn't have two accounts at the same address should have been a clue!) and apologised lots. Then we switched to London Electricity instead.

I had copies of all my bills in a folder ready for the baliffs to arrive, and wouldn't have opened the door to them anyway. Passports were on hand should they not believe me, and a final resort would have been to phone the police with a "there's a guy trying to break into my house and I think he's got a shooter!" type of call.

Luckily it all got sorted out over the phone, after much time and expense on my part. Start sending them snotty letters and tell them you'll take them to the small claims court if it continues. Seek advice from the CAB as they know their stuff with things like this too.

Good luck!

[NBs996]

My mum recently experienced the same.
The previous owner of her house owed loads of money to some mail order company. The bailifs were now involved. Mummy contacted the company who the money was owed, not the collection agency, and asked them to help her resolve the situation - fortunately she could point them in the right direction to help them locate the previous owner.

The nice lady she spoke with believed mummy was genuine and called off the bailifs.

On the other hand... have you got Mav's number?!!

[Paul James]

Originally Posted by antonye

Yes, had the same thing with Powergen (spit) who claimed that a Miss L Davies living at my address owed them money ... which was news to me as we bought our house off plan (ie, it was built for us!) so nobody else has ever lived there!

Good trick mate, I'll be putting my account in her name at my address tomorrow, when they later question it I'll just say "can't believe it, must be the same behatch who tried to rip old Antonye off !!!"

[twpd]

I've had similar problems myself recently.

First of all - NEVER open the door to them (or leave a window open). In law this then gives them right to enter the property. Bailiffs tend to shoot first and ask questions later which, means they will take property to the value of...and you can bet it will be near impossible to retrieve it from them afterwards.

Write to them and tell them you are denying them peacable entry to your property. Specifically use these words!

Post a notice up on your door to the same effect.

If they attend - call the Police and tell them that you fear a breach of the peace. They will almost certainly respond to protect you and your property unless the bailiff has a court order granting permission to force an entry (in which case they will probably have the Police with them anyway)

Write to the Bailiffs explaining who you are etc. Also politely inform them in writing that you will charge them £25 for each letter you have to send or call you have to make. Diligently record all correspondence.


That should sort them out. This sort of thing boils my p*ss and from what I can understand the Police's too. Bailiffs frequently flout the law and use threatening behaviour to get their way. They generally are not interested in the facts or the truth - only in getting their wedge of dosh.

Also remember it is not your responsibility to prove who you are. It is there responsibility to ensure they have the right person. They cannot enter your property without your permission - although opening a door or window is deemed to be just this.

[Chaz]

Just get mav round with his baseball bat:-)

[wilf]

I'm having the same problem with a flat I let out. the last tennant has left a ton of debt and the new lady in there has had 2 visits from the bailiffs.

Problem is they refuse to leave any info about who they are or for whom they are collecting so i have nobody to call or speak to or write to.

This is turning into a real problem and it looks like my tennant is going to find somewhere else to live to get away from it (cant blame her, but it leaves me rentless!)

[CK]

<hangs head>

guess what sector my new job is .........yup - the lettings industry.

Not been involved in 'setting on' for baliffs, but can get you all the legal gumph tomorrow about it if you wish
its a flipping nightmate dealing with absent landlords tho, I can tell you and tenants who wont let certification (for gas certs etc) take place - and then get the a r s e with us for getting eviction orders on them.
They really think its just 'fun' to ignore letters - and dont understand the implications & penalies for the properties not having GSC's.

Anyways, rambling on - try some of TWPD's suggestions - particularly NEVER let a baliff in, unless a copper is present.