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Debt Action Group > Bailiffs and Sheriff Officers

Bailiffs and Sheriff Officers Your rights when dealing with bailiffs and sheriff officers


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Old 23rd March 2007, 12:12   #1 (permalink)
,hills
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Default Bailiffs at c/o address

My daughter (21) has been disputing with Westminster Council owed Council Tax since March 2004.

Over the past year Equita have been involved and they have sent out numerous letters threatening removal of goods and imprisonment etc. The lastest letter arrived this week, a Removal Notice saying bailiffs will be calling at my house this week.

The thing is, is that she has never lived with me, she only ever used my address as a c/o address whilst she worked in Spain as a Kids Rep.

I have witnessed her calling both Equita and Westminster Council as well as emailing them disputing the amount and also informing Equita that there is no point in coming to my house as she does not live there.

I'm not impressed about the idea of Bailiffs turning up at my door and explaining she dosn't live here, as I imagine they hear this excuse quite alot.

This letter was the last straw and I told her to go to the Citizens Advice Bureau today, and low and behold they now only open on Wednesday mornings for you to arrange an appointment at a later date.

Do Bailiffs have any rights at a c/o address ?
How can I proove that she dosn't live here ?
Does me being her Father bring me into the debt ?

Thanks

Last edited by ,hills; 23rd March 2007 at 14:09.
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Old 23rd March 2007, 15:34   #2 (permalink)
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Default Re: Bailiffs at c/o address

Hi,

No Bailiffs do not have right of entry at a C/0 address.

Write to Equita now and tell them that you are the sole occupier of the property. Take a photo copy of your Council Tax statement that will show that she is not registered to the address.

Inform Equita that you are not willing to tolerate harrasment and that your daughter does not live with you and any visits they make to the property after receiving your letter, will be deemed harrasment and not chargeable to your daughters account.

Inform them that you do not own the debt and know your rights and it is their responsability to trace your daughter correctly.

I would fax it personally to Equita and to Westminster and tell them to cease harrasment.

Your daughters debt, you have no responsability for nor can be made to pay this debt. Warn them of action of harrasment if they continue to send letters to your address.
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Old 23rd March 2007, 16:08   #3 (permalink)
,hills
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Default Re: Bailiffs at c/o address

Thank you TheRealAvengers, when you mention my Council Tax statement, how does this show that she does not live here.

I currently am married with 2 young children and as far as I am aware, it dosn't show their details either.

Re my Daughter, the story in the past is that I left her mother when she was very young and I was never married. I always got on with my daughter and had her for the weekend every 2 weeks for 14 years.

She fell out with her mother and managed to get a young single persons flat from Westminster Council and thereafter got a job in Spain.

She has always used my address since then as a c/o address (probably done my credit rating no good whatsoever).
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Old 23rd March 2007, 17:18   #4 (permalink)
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Default Re: Bailiffs at c/o address

Council tax bills show what adults are living there and is good proof of who resides at the property and who does not.

This and any other documents that could show you are the occupier and your daughter is not registered to live there is what you will need to show.

It is up to you to prove she does not live there and a c/0 address is no right for entry as your daughter has simply given you care of her mail.

Often bailiff companies ask to see Council tax bills as it shows who does and does not live at the property. It will show she does not.

Give them the address for spain? Doubt they will be going that far to collect.
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Old 23rd March 2007, 18:47   #5 (permalink)
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Default Re: Bailiffs at c/o address

Hi,

For council tax, you being the father has no bearing. The debt is your daughters and nothing to do with you, so you are not liable.

The bailiffs have no power to force their way in for council tax debts and do not let them tell you otherwise. They could in theory, if you let them in, levy on goods that were owned by your daughter or levy on her car if it is parked outside. Does you daughter have a bedroom still with personal possessions in it? Even if she does, as long as you do not allow them entry there is nothing they can do. As advised, write to them and explain that your daughter does not live at the address and provide proof if you can. If they still turn up, tell them verbally (outside with you door shut) that she does not live with you, refer them to the letter and proof you have sent and then ignore them. I would also contact the council who are chasing for the money and inform them also that the bailiffs are harrassing you. All stressful I know, but the bailiff cannot do anything to you personally except pester you. You are not liable and they cannot levy against you so don't worry.

Hope this helps.
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Old 24th March 2007, 11:30   #6 (permalink)
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Default Re: Bailiffs at c/o address

Thanks for all your advice.

Still struggling to find confirmation on my last Council Tax Bill which shows who lives in the house (I rent from a Landlord). The new one I received last week is one page saying how much the bill is and the house band.

I will try to dig something out.

Regarding any of her stuff in my house, no there is nothing, I have a spare room where my mother stays occaisionally with nothing in it.

My daughter lives locally and has a 3 month old baby so there is very little I would imaging they could do to her anyway, but it's the fact that she is disputing the amount and that Westminster Council keep promising to provide evidence but never do.


Had another letter this morning saying they are due Monday or Tuesday next week.
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Old 24th March 2007, 13:55   #7 (permalink)
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Default Re: Bailiffs at c/o address

Hi hills,

Obviously, there is a problem with the council tax bill for your daughter and the Citizens advice bureau would be the best port of call to deal with this in my opinion. If she can take any paper work she has relating to this debt and explain why she disputes it, they will probably write to the council on her behalf and argue her case. Separate from this, your problem is with bailiffs harrassing you.

Could I ask a question? are you willing to tell the bailiff where your daughter is now living or are just telling them that you do not know where she lives or that she is still in Spain. Not judging and fully understand saying any of the above. Does she still use your address for her mail or is she now using her own one? If she is using her own address now, then providing details of this would prove she is not living at your address. It will mean that the bailiffs go to her address though.

Regarding the bailiffs, if you cannot provide proof then simply put in writing that she does not live with you and send it to them recorded delivery. If the bailiffs turn up either speak to them outside (with the door shut) or ignore them and never ever sign anything, this is not your debt. If they come monday you can tell them you have written to them and that's the end of the matter from your point of view. They cannot enter your property by force and they cannot levy on anything not owned by your daughter and thats fact. So allthough a pain, they cannot actually do anything to you. They will however add further charges to the debt owed by your daughter. If you want to provide more details as to why your daughter disputes her council tax bill then I will have a look at it for you.

Hope this helps.
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Old 25th March 2007, 14:38   #8 (permalink)
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Default Re: Bailiffs at c/o address

Quote:
Originally Posted by TheRealAvengers View Post
Council tax bills show what adults are living there and is good proof of who resides at the property and who does not.

Often bailiff companies ask to see Council tax bills as it shows who does and does not live at the property. It will show she does not.
I have to disagree.

The Council tax bill will show who is paying the council tax but will not show who else lives at the address.

The property where i am only shows the person who pays the council tax on the bill and does not show the other 3 adults at the address although they are on the electoral roll.
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Old 26th March 2007, 11:23   #9 (permalink)
,hills
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Default Re: Bailiffs at c/o address

I telephoned the bailiffs and they said don't worry about the letters I am getting, they are standard ones produced by their system. They said the bailiffs will not go to a care of address.

Will send them a letter anyway.
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Old 26th March 2007, 13:13   #10 (permalink)
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Default Re: Bailiffs at c/o address

Good, glad you can relax.

It is still worth getting a letter off as you have indicated you are doing, just to make sure you have proof you have informed them (send it recorded). Also, if they reply saying the same as the telephone call but in writing, then should anyone decide to come knocking in the future, you can show them the letter you have received and send them on their way.

Well done and Good luck.
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