Philips Bailiffs - Debtor doesn't live here!

[phil2580]

Hi,

 

We have received a number of letters for a person who doesn't live at this address. We marked each one 'return to sender - not known at this address' and posted them back.

 

A couple of weeks ago there was an unsealed Notice of Attendance from Philip's bailiffs saying that they had attended the property to seize goods related to the person above.

 

I e-mailed Philip's informing them that the person does not live here and that a search of the electoral would confirm this. Philip's replied by post stating that I needed to prove my residence before they would stop sending letters and visiting the premises.

 

Is it correct that I have to prove I live here? Surely the onus is on them, as the collectors, to ensure they are collecting from the correct property? My main concern is that the Distress Warrant is in respect of a traffic violation and has been issued by West Midlands Magistrates Court. According to National Debtline, this means the bailiffs could, in theory, force entry and seize goods in my absence, despite the fact the issue is unrelated to me.

 

I suppose basically it boils down to 3 things:-

1) Is it my responsibility to prove I am resident here?

2) Is there any recourse against Philips for harassment?

3) If the bailffs do attend and seize goods, can I prosecute for theft and sue for distress?

 

Thanks,

 

Phil

[Bazooka Boo]

Debt Basics - Bailiff Guide - know your rights

 

Have a read through that, however the majority won't apply to you as you aren't the debtor in question.

 

Revenue Recovery and Enforcement Services: Philips Collection Services

Simply keep all doors windows locked when you go out until they get the message that you are not the ones they are looking for.

 

If they do break into your home report the matter to the Police immediately, if they remove any goods, report the theft to the Police immediately and press charges against the company.

 

Distress Warrant or not, Bailiffs have no right to forceably enter your premises, unless they have first gained peaceful entry, then they are entitled to force entry???

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/168245-distress-warrant.html

[Bartok]

I suppose basically it boils down to 3 things:-

1) Is it my responsibility to prove I am resident here?

2) Is there any recourse against Philips for harassment?

3) If the bailffs do attend and seize goods, can I prosecute for theft and sue for distress?

 

1. No, its not!

2. Yes, lots. Section 40 of the Administration of Justice Act - Punishment for unlawful harassment of debtors.

3. Yes but its ther CPS that prosecutes him , you only make a complaint under the 1968 Theft Act , you cannot sue under the Personal Injury protocol unless you are assaulted or injured by a bailiff, but you may have a claim under Section 3(2) of the Protection from Harassement Act 1997 for causing undue stress.

 

You should notify police get an incident number straight away. That way if the bailiff causes a durturbance or becomes a nuisance then you have recourse. Without notifying police beforehand a bailiff had threatened you with something, your case stands little chance.

[phil2580]

Thanks both for your replies.

 

I've e-mailed Philips once more to tell them that the person in question does not live here, and that by harassing my partner and I they are in breach of S.40 Administration of Justice Act.

 

Not sure how far it will get me, but it's worth a shot.

 

Thanks again.

 

Phil

[hallowitch]

West Midlands Magistrates Court should have a fine officer or court manager

 

Inform them that they have instructed Phillips to collect a fine at your address

the person named on the warrant does not live at your address you have no knowledge of this person therefore you can only assume its the previous tenant

 

doing that should remove your address from the warrant and stop any further enforcement at your address