Bailiff visit for a random name.

[ashmk]

I had a Marston bailiff visit today for a totally random name. The bailiff dropped a letter through the door while I was out. Its a Marston template 'Removal notice' letter with a fancy orange border.

The letter also says 'despite previous visits', which is rubbish because this is the first we have ever heard of it. (Could just be default in the letter template)

 

The name on the letter is totally random Ive never heard of it.

 

Marstons confirmed on the phone that it is the correct address but still, the name is random.

 

The client is HMCS so im guessing its a fine of some sorts.

 

I can prove the named person does not live here.

 

Can the bailiff force entry on a HMCS warrant ? They have not been in before and will not get access.

[Voxter]

did u not mention the name when u rang them ?

[ashmk]

Yes I did.

 

Can they force entry ? anyone ?

[andip]

As far as Im aware, anyone wishing to gain entry needs to obtain and provide a court order first to be legally allowed, seeing as you can prove the named person does not live there and can prove who you are, I cannot see any judge granting this and thats if they would even bother taking it that far knowing you dont know who owes the money,

 

I dont think they have a leg to stand on.

[andip]

Baliffs like this use clever words and things if they threaten they will gain entry if you dont let them in then without a court order you can report them to police for tresspass, breaking and entering and theft and everything some random person off the street would get charged for.

[chris600uk]

Yes I did.

 

And what did they say?

[ashmk]

They was not intrested, which was to be expected. They said the warrents at that address and untill proven otherwise they will continue to collect which to be honest is exactly what I expected them to say.

I just wanted to know if they can force entry and if not Ill let them visit a couple more times to waste there time.

[chris600uk]

I just wanted to know if they can force entry and if not Ill let them visit a couple more times to waste there time.

 

 

I really don't recommend that - I would write to the bailiffs informing them that the person they are pursuing no longer lives at your address and that you do.

 

Point out that now that you have informed them, any further enforcement action to collect the debt of a person unconnected with the current occuppier (yourself) would amount to harassment and any further visits are trespass.

[Bazooka Boo]

Can they force entry ? anyone ?

HMCS:Her Majesty's Courts Service - Home

Bailiffs and Enforcement Officers

 

Bailiffs and enforcement officers are authorised to remove and sell a person's possessions in order to pay money owed to a person or organisation. They also conduct evictions and can arrest people.

Bailiffs and enforcement officers have differing roles. Detailed information on their responsibilities and how they work is provided within the leaflet EX345 About Bailiffs and Enforcement Officers

The Directory of High Court Enforcement Officers contains names of enforcement officers in England and Wales who have been authorised to execute High Court writs under the provision contained in Section 99 and Schedule 7 of the Courts Act 2003.

Directory of High Court Enforcement Officers (PDF, 1.95 Mb)

About Bailiffs and Enforcement Officers

 

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf

That should be enough info for you, as they are working for the court they are permitted, with the correct paperwork (warrant) issued by the court to enter your property by use of force. This is normally done by drilling out your door lock, or entering through an open window.

I would definitely go and get some help, either from the CAB who may be able to ring them on your behalf, or by even going down to your local court, to where you would normally pay fines, with the card that was put through your door, your ID, letters etc, and inform them that the person does not live at your address and they need to ensure that no further collection activity or harassment by bailiffs will continue.

Failing all that, if you do find that they have entered your property, call the Police and report a burglary. Unfortunately bailiffs who work for the courts have alot more powers than those trying to enforce unsecured debt. Quite how they have got the wrong address is very strange, because on the front of it, this person would have had to have gone to court or at the very least lived in your property prior to you, therefore the Police and the courts wouldn't have the new address details. And given your address as his residency?

Anyhow hope the info above might help:)

 

Just found this on the directgov website http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289

 

Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant.

Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry.

 

 

CAB:http://www.citizensadvice.org.uk/

 

 

 

 

Edited February 20, 2009 by Bazooka Boo
More Information

[Guest Thebailiff]

just write to them (recorded if you like) and enclose copies of bills and even tenancy aggreements if you like. These will be entered onto their systems and then destroyed or sent back to you. All you have to do, as they have told you, is prove you are not the person they are looking for. Then there is nothing they can do. But just letting them come again and again to "waste their time" is asking for trouble. All it takes is an open window and the next thing, you have a bailiff walking round your house while your in the bath. Sort it before it becomes a real problem.

[tomtubby]

I had a Marston bailiff visit today for a totally random name. The bailiff dropped a letter through the door while I was out. Its a Marston template 'Removal notice' letter with a fancy orange border.

The letter also says 'despite previous visits', which is rubbish because this is the first we have ever heard of it. (Could just be default in the letter template)

 

The name on the letter is totally random Ive never heard of it.

 

Marstons confirmed on the phone that it is the correct address but still, the name is random.

 

The client is HMCS so im guessing its a fine of some sorts.

 

I can prove the named person does not live here.

 

Can the bailiff force entry on a HMCS warrant ? They have not been in before and will not get access.

 

 

 

I have said the same thing on here so many times. Everyone MUST put things in WRITING !!

 

For once, I will take the side of the bailiff company. They receive hundreds of calls daily to say that the person named on the paperwork does not live at a property......and many times this is not...... true and the debtor is simply trying to evade paying a debt and getting his partner/mother/brother etc to ring the company to say that he does not live at the property.

 

You need to provide some sort of evidence which the bailiff company will destroy.

 

Finally, YES a bailiff pursuing an unpaid Magistrates Court Fine DOES have the right to force entry into a property.....RARE.....but allowed. DISGRACEFUL....but I don't make the rules...I just complain about them....

[Guest BiG SiD]

I had a Marston bailiff visit today for a totally random name.

 

I can prove the named person does not live here.

 

Hi there - From what you appear to be saying the bailiff company here is chasing a debt for a third party who does not live or hold any assets located at your property? In which case you have nothing to hide!? Be open, be honest with the company and as advised, simply provide confirmation of your occupancy to make the problem go away. They can only seize assets of the debtor - they can not seize your goods for someone elses debt.

 

I don't want this to sound cynical, but it's easier to say it now, than you have problems later! - When you say "Random Name" - if for example your name is say "John Smith" and typo error on the liability Order says "Jhon Smith" etc etc - this would not form a defence against the bailiff's recovery action - like I say, easier to say it now, than you have problems later! - Good Luck.

[ashmk]

The name is totally random not a misspelling. Its not an english name thats why I call it random. Its gobledegook.

 

Ill prepare some proof for his next visit

[p4ul]

Hi there - From what you appear to be saying the bailiff company here is chasing a debt for a third party who does not live or hold any assets located at your property? In which case you have nothing to hide!? Be open, be honest with the company and as advised, simply provide confirmation of your occupancy to make the problem go away. They can only seize assets of the debtor - they can not seize your goods for someone elses debt.

 

I don't want this to sound cynical, but it's easier to say it now, than you have problems later! - When you say "Random Name" - if for example your name is say "John Smith" and typo error on the liability Order says "Jhon Smith" etc etc - this would not form a defence against the bailiff's recovery action - like I say, easier to say it now, than you have problems later! - Good Luck.

not 100% true, i didnt live at my parents house yet the warrent was issued for their address and the bailliff was going to remove thier goods even thought they didnt belong to me. They even had a SD signed by a solicitor which the bailiff refused to accept

[Guest BiG SiD]

This is not correct - A bailiff may only levy distress upon assets that are those of the debtors, or which they believe to be those of the debtors - in doing so, Yes they may inadvertently seize goods of third party. Which is why, if they do, you need to chase up the company, provide proof and also ensure that the respective levy fee is removed.

 

But NO, in practice a bailiff can not knowingly seize assets of a third party (such as parent as detailed) to remove against your debt. Yes they can do so on what they deem to be jointly owned goods (hubby and wife/partner etc) - but NO they can not remove a parents goods against a son's/daughter's debt. (that is assuming we are talking about Distress for Council Tax here - Rent for example is subject to different reasonings).

[p4ul]

This is not correct - A bailiff may only levy distress upon assets that are those of the debtors, or which they believe to be those of the debtors - in doing so, Yes they may inadvertently seize goods of third party. Which is why, if they do, you need to chase up the company, provide proof and also ensure that the respective levy fee is removed.

 

But NO, in practice a bailiff can not knowingly seize assets of a third party (such as parent as detailed) to remove against your debt. Yes they can do so on what they deem to be jointly owned goods (hubby and wife/partner etc) - but NO they can not remove a parents goods against a son's/daughter's debt. (that is assuming we are talking about Distress for Council Tax here - Rent for example is subject to different reasonings).

I know what the rules are but as i said in my thread last week, my parents produced a SD the bailiff refused to accept it and said they would have to go down the interpleader route with it.

The bailiff told them he didn't have to accept the SD.

The police were there and did nothing.

Mine wasnt for council tax but a driving fine

 

Anyway the OP wont have the same issues as they obviously don't even know the debtor

[chris600uk]

What happened to you was wrong p4ul, you were treated badly by the bailiff and the police, and you should go through the complaints process with both the bailiff and the police. That is an instance where you would benefit from tomtubby's advice.