Bailiff for PCN old tennant

[king100]

I've lived in my flat - rented - for nearly two years. During this time, we've had letters for the former tenant, all of which have been returned to sender unopened. Some of these were PCNs relating to a parking offence. I suspect the tenant never notified the DVLA that she moved.

 

Recently, I've had letters from two bailiffs threatening action. Both want me to prove to them that I live here - although how this proves the former tenant doesn't live here, I'm not sure.

 

Bailiff #1 sent a letter with the vehicle registration number in question, and I contacted the DVLA who updated their records. The bailiff told me they'd stop after I reminded them it's their job to establish the previous tenant lives here, not my job to prove I do.

 

Bailiff #2 sent a similar letter, 'delivered by hand', but not in an envelope and left on the letterbox, not inside it. Their 'bailiff in charge' was rude and threatening on the phone, and wouldn't accept my verbal statement that the previous tenant does not live here. I complained to his head office who sent a weak letter trying to get me to send in proof I live here - which I don't believe I have any requirement to do other than to be polite and help them out (which in turn would require them being polite to me first...!)

 

I plan to respond to their letter thus:

 

* A statement that the previous tenant does not live here and that I have no forwarding or contact information for her

* Stating their actions constitute physical/psychological harassment under the OfT's "Debt Collection Guidance", section 2.6, item 'J' and section 2.8, item 'J'.

* Stating the public embarrassment caused to me by leaving a 'BAILIFF REMOVAL' letter on public view outside my flat when I am not the person in question

* Stating the harassment and threatening attitude by their bailiff (considered making a complaint to the police after he said he'd "come at any time of the day or night with a locksmith")

* Removing of their rights of implied access to this property and a warning I will make a complaint to the police and sue for civil damages if they enter, or attempt to enter, this property.

 

Having had absolutely no involvement with bailiffs, debt collection or anything of that ilk before (and a squeaky-clean credit record), I don't know what I should be doing.

 

Can a kind soul here please give me feedback?

[king100]

This isn't me but from moneysavingexpert expert so advised him to come here but thought would

Post on his behalf

[sequenci]

Hi there,

 

The bailiff has very little power here, rest assured - they cannot simply break in to your property.

 

You're absolutely correct, it is not your job to do what the bailiff asks although it might be worth writing the bailiff's firm a complaints letter outlining the facts and asking for their formal complaints procedure. At the same time ask for the name of their trade association - in case you wish to take the complaint even further.

 

For a bailiff, time is money and they'll soon leave you alone once they've realise they are barking up the wrong tree.

[bladeboy]

Every time I read about bailifs on here it is due to them either threatening to do what they can't legally do or overcharging! When is the governernment going to get a grip on this industry!!

 

As the above poster has stated, there are very view circumstances under which a bailiff can force entry into a property. One of them is collection for Magistrates Court fines and the other is Inland Revenue Debts where a special warrant has been applied for.

[josephbloggs]

why are you making an issue over this, just send in the info then they wont call. why are you getting wound up the only reason they are calling to your address is because that is what they they were given. just because you say it is harassment doesnt make it so. if it was me i would call them and say look i live here now send someone round i will show them my id or contact the local authority they will tell you i pay council tax.

[tomtubby]

I've lived in my flat - rented - for nearly two years. During this time, we've had letters for the former tenant, all of which have been returned to sender unopened. Some of these were PCNs relating to a parking offence. I suspect the tenant never notified the DVLA that she moved.

 

Recently, I've had letters from two bailiffs threatening action. Both want me to prove to them that I live here - although how this proves the former tenant doesn't live here, I'm not sure.

 

Bailiff #1 sent a letter with the vehicle registration number in question, and I contacted the DVLA who updated their records. The bailiff told me they'd stop after I reminded them it's their job to establish the previous tenant lives here, not my job to prove I do.

 

Bailiff #2 sent a similar letter, 'delivered by hand', but not in an envelope and left on the letterbox, not inside it. Their 'bailiff in charge' was rude and threatening on the phone, and wouldn't accept my verbal statement that the previous tenant does not live here. I complained to his head office who sent a weak letter trying to get me to send in proof I live here - which I don't believe I have any requirement to do other than to be polite and help them out (which in turn would require them being polite to me first...!)

 

I plan to respond to their letter thus:

 

* A statement that the previous tenant does not live here and that I have no forwarding or contact information for her

* Stating their actions constitute physical/psychological harassment under the OfT's "Debt Collection Guidance", section 2.6, item 'J' and section 2.8, item 'J'.

* Stating the public embarrassment caused to me by leaving a 'BAILIFF REMOVAL' letter on public view outside my flat when I am not the person in question

* Stating the harassment and threatening attitude by their bailiff (considered making a complaint to the police after he said he'd "come at any time of the day or night with a locksmith")

* Removing of their rights of implied access to this property and a warning I will make a complaint to the police and sue for civil damages if they enter, or attempt to enter, this property.

 

Having had absolutely no involvement with bailiffs, debt collection or anything of that ilk before (and a squeaky-clean credit record), I don't know what I should be doing.

 

Can a kind soul here please give me feedback?

 

Good letter but I would also suggest that a copy is sent to the Head of Parking at the relevant local authority as the bailiff is merely their agent.

[jimbo45]

why are you making an issue over this, just send in the info then they wont call. why are you getting wound up the only reason they are calling to your address is because that is what they they were given. just because you say it is harassment doesnt make it so. if it was me i would call them and say look i live here now send someone round i will show them my id or contact the local authority they will tell you i pay council tax.

 

Unfortunately most of these UTTER SCUMBAGS neither know or care about the rules --after all it's money for Old Rope isn't it -- a big burly bailiff threatening a nice middleclass tenant who probably doesn't even know what a Police Station looks like apart from never having had any problems with the law in the past.

 

If it's not YOUR debt just tell them to FOXTROT OSCAR (through the letterbox of course) and any more visits / harassment etc and you will SUE THEM FOR CRIMINAL OFFENCES TOO.

 

Never EVER let these THUGS and little better than "failed Night Club Bouncers" get the better of you --amazing isn't it in 2010 UK Night Club etc doormen have to abide by a stricter code than Bailiff's.

 

Cheers

jimbo