Help urgent bailiffs notice addressee doesn't live here *RESOLVED*

[GrumpyToSayTheLeast]

This is the first letter I have had here for him in a long time, years no one has knocked here and I am sure of that because I'm always in with the exception of hospital visits

 

- Oh this bloody child and proof of my disability is easy - This is demanding money with menaces surely as I am not the debtor

 

I've typed up an email to court and have sent one to Collecctica maybe I should phone the court too

 

No because they are not demanding money from you. You must understand they are looking(if its a magi fine) for a criminal, and not all criminals, or their parents are gods honest upstanding memebrs of the community. You will be viewed with suspicion BUT most ea's will not mess you around and will prob walk away with a copy of the council tax bill.

[GrumpyToSayTheLeast]

Do you live on your own, and have claimed the single person's council tax discount? If so a copy of the council tax bill showing the discount would be sufficient to show he doesn't live with you.

 

No, we are wise to this. Nothing to say he isnt hiding out in a spare bedroom and just hasnt informed council.

[GrumpyToSayTheLeast]

End of the say the council tax bill will be enough.

Collectica can only go to or send letters to the address provided to them by the courts which one can only presume your son provided in the first place not collecticas fault they are doing their job.

And as far as forced entry etc that is only applicable when there is confirmation that the debtor lives at the address and has told the court/bailiff they are wilfully refusing to pay - so dont worry about that.

As for the comment about demanding money with menaces - they havent asked you to pay his debt have they.

Sooner its sent off sooner the address is removed.

No need to waste money on a stat dec just as i said before ask for confirmation your address has been removed

 

Please dont issue bad advice. It makes no difference if the debtor has or has not spoken to us. All we would need is a neighbour to confirm he lives there.

[GrumpyToSayTheLeast]

£ with menaces comment was in regards to if they knocked at door and demanded for me £ or goods and as previous post highlighted they could take my stuff - yes email has gone off to collectica and automated response received I'm awaiting a reply

 

Still stressing though

 

OSW

 

They certainly shouldnt be telling you that YOUR goods may be taken, but they will threaten to take all goods unless proof is seen that they ARE your goods. But they shouldnt ask you to pay in any event.

[josephbloggs]

Please dont issue bad advice. It makes no difference if the debtor has or has not spoken to us. All we would need is a neighbour to confirm he lives there.

 

the following is taken from the words of an enforcement agent who works for collectica who has passed a level 3 certificate in taking control of goods, a good friend of mine who i have spoken to regarding this.

 

reasonable force can be used for an initial entry for fines but force can not be used against persons.

the property should be left as secure as it was found.

reasonable force is the use of a locksmith.

 

before forced entry is considered the EA must satisfy the following criteria

 

it should not be on the initial visit to the premises

the debtor must live at the address

there must be an element of refusal

hmcts must approve

there must be reasonable belief that there is sufficient assets

authority must come from management

the police should attend

[GrumpyToSayTheLeast]

Yep. Wrong.

It can be done on the initial visit.

 

Yes, it must be the BELIEF of the ea that the debtor lives at the address.

 

The element of refusal is if he is refusing to respond to the ea then that's classed as refusal. Doesn't have to verbally refuse to pay for instance.

 

Hmcts need to approve? What if it outside of court hours then hmm? No, we inform them of what we intend to do and they agree. But if its outside of working hours, we seek approval from the company supervisors who authorise is and the court is informed of the action at the next available opportunity.

 

Yes, well obviously its pointless forcing entry to remove goods if no goods are within.

 

No, the EA decides on what to do. Management are informed and they can stop it if they see an issue but its the ea's decision.

 

If the police can be bothered too, but there is no requirement.

[Coughdrop]

Joseph did you read this post (including the attachment), along with the rest of the thread?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?444271-Magistrate-Court-fines.....does-a-bailiff-have-to-apply-to-court-for-a-warrant-to-allow-him-to-force-entry&p=4721861&viewfull=1#post4721861