Redirecting debt collectors away from new address

[PhilboSE]

Bought a house last month. This week a High Court Enforcement Officer turns up with a writ for the ex-husband of the person from whom I purchased the property. The house is currently unoccupied apart from the decorators, so I had to make a return trip from work in order to deflect him by evidencing I was the new owner and nothing to do with the writ.

The officer informed me that there were a whole bunch of other writs for the gentleman in question "in the pipeline" - as well as the High Court he also does work for the County Court and debt collection agencies, and I can expect more such visits. He said that the evidence of me taking over the address will only deflect further High Court judgements - and this takes up to 7 months to flush through the system. All the other Courts and agencies will continue to attend my property which will be an ongoing ballache if I have to return from work each time.

Long shot - is there any way of informing a "register" of debtors (or creditors) that the address is no longer associated with an individual? There's no knowing how many debt collection agencies have got this person's ex-details so phoning around them all seems impractical (and unlikely to actually give me the required result).

I'm also getting a whole load of mail for this person, addressed to a variety of businesses and some giving him the title Lord - I've checked and he is definitely not a Lord. A quick check of Companies House records confirm that I can expect a huge amount of aggro to follow this guy around. What fun.

[eybic]

I don't think there is much you can do other than deal with them as they come round, maybe someone with experience could advise if there is some sort of document you could attach to the front door advising of the change of ownership but I'm sure they see this all the time with people trying to blag it.

[EU_Foreigner]

Will be interesting to see if they try to re-possess the house and change the locks before you get there ...

[Gavia]

EU_Foreigner said:

Will be interesting to see if they try to re-possess the house and change the locks before you get there ...

As that would be completely illegal, it’s exremely unlikely.

[Adrian E]

Worth ensuring your own details are up to date with the credit referencing agencies (eg the money saving expert credit club) and stuff like electoral role/council tax are updated ASAP - as it'll mean more evidence that you are the owner, and to break the link to the previous owner.

Might it be worth a note somewhere obvious near the door that states the person in question no longer owns, or resides at, the address and asking them to take appropriate steps to confirm this without disturbing you as the current owners? They'll probably doorstep you anyway, so worth keeping some evidence handily close to the door that you can access it without giving one of these folk an open invitation to walk in to your house and make a nuisance of themselves before you can produce it.

[4x4Tyke]

You don't have to prove anything to them, but it is probably the easiest, wisest course to do so. However that doesn't mean you have to rush back to help. Make them wait or return when it is convenient to you.

I had a similar issue when I moved into my current house. Most of the bailiffs were ok and some were right prats who quickly resorting to threats and intimidation. I gave those the run around and no help.

I'd put up a simple clear statement in the window, that refers all such enquires to the seller's solicitor.

They cannot break in legally, in your absence, learn your rights.

https://www.gov.uk/your-rights-bailiffs

[PhilboSE]

4x4Tyke said:

You don't have to prove anything to them, but it is probably the easiest, wisest course to do so. However that doesn't mean you have to rush back, make them wait or return when it is convenient to you.

The most pragmatic way of getting him off my property seemed to be to be as co-operative as possible. However, he had told my decorators that he had the powers to make them stop work, and that they should consider whether they were going to get paid or not, so it was in my interests to get back and sort this out!

4x4Tyke said:

I had a similar issue when I moved into my current house. Most of the bailiffs were ok and some were right prats who quickly resorting to threats and intimidation. I gave those the run around and no help.

I will absolutely return conversations in the manner that they are conducted by the bailiffs. This guy was polite and friendly.

4x4Tyke said:

They cannot break in legally, in your absence, learn your rights. https://www.gov.uk/your-rights-bailiffs

Thanks - I've seen a few of the "Can't Pay" programmes so I was actually pretty prepared for how to tackle the issue.

However - I am not at the property most of the time but I have lots of trades coming and going and they leave the front door on the latch/open as they do, so this guy was able to easily enter the property and being practical I'm going to struggle to prevent that until we've moved in. Once inside they are probably more inclined to start asserting their powers - this guy had enjoyed the run of the place before I got there.

I think I've tracked the culprit down to an address via some amateur sleuthing and Companies House records so will be very happy to pass these details on to anyone else who turns up.

[Sheepshanks]

PhilboSE said:

Thanks - I've seen a few of the "Can't Pay" programmes so I was actually pretty prepared for how to tackle the issue.

I always wonder how representative that program is of what happens when the cameras aren't there.

[Foliage]

PhilboSE said:

However - I am not at the property most of the time but I have lots of trades coming and going and they leave the front door on the latch/open as they do, so this guy was able to easily enter the property and being practical I'm going to struggle to prevent that until we've moved in. Once inside they are probably more inclined to start asserting their powers - this guy had enjoyed the run of the place before I got there.

Surely they still cant just walk in? Is it worth getting a security guard for while the work is o ngoing?

Edited by Foliage on Thursday 12th April 13:07

[PhilboSE]

Sheepshanks said:

PhilboSE said:

Thanks - I've seen a few of the "Can't Pay" programmes so I was actually pretty prepared for how to tackle the issue.

I always wonder how representative that program is of what happens when the cameras aren't there.

As far as my truncated process went, it was pretty much on the money - chestcam, documents stored on tablets, inveigling his way into the property and scoping out anything of value. He was flying solo though (unless he had a mate in the car I didn't see) rather than the 2 man crews you see on TV.

[PhilboSE]

Foliage said:

PhilboSE said:

However - I am not at the property most of the time but I have lots of trades coming and going and they leave the front door on the latch/open as they do, so this guy was able to easily enter the property and being practical I'm going to struggle to prevent that until we've moved in. Once inside they are probably more inclined to start asserting their powers - this guy had enjoyed the run of the place before I got there.

Surely they still cant just walk in?

Yes they can - through an open door. They can't force their way in unless they're from the Inland Revenue.

Edited by PhilboSE on Thursday 12th April 13:14

[Foliage]

PhilboSE said:

Sheepshanks said:

PhilboSE said:

Thanks - I've seen a few of the "Can't Pay" programmes so I was actually pretty prepared for how to tackle the issue.

I always wonder how representative that program is of what happens when the cameras aren't there.

As far as my truncated process went, it was pretty much on the money - chestcam, documents stored on tablets, inveigling his way into the property and scoping out anything of value. He was flying solo though (unless he had a mate in the car I didn't see) rather than the 2 man crews you see on TV.

When my dad did it he went solo, he only had someone with him if he was showing someone the ropes.

[Gavia]

Foliage said:

Surely they still cant just walk in? Is it worth getting a security guard for while the work is o ngoing?

Edited by Foliage on Thursday 12th April 13:07

Brilliant, talk about overkill

[4x4Tyke]

Foliage said:

Surely they still cant just walk in? Is it worth getting a security guard for while the work is o ngoing?

I'm not a lawyer, but pretty clued up on this.

If the door is open, actually open, not just unlocked, then a court appointed bailiff can enter, ordinary debt collectors cannot. Neither can they force entry, push past you, enter an open window, use children or third parties to grant legal access.

If the door is closed, they cannot enter legally. They can re-enter if they've previously gained entry legally and executed a lawful lien. Only court appointed bailiff can execute a lien, not debt collectors.

In some circumstances, such as this one, criminal trespass is a plausible threat from a householder. This is all specific to homes, commercial property rules are different and I'm not familiar with them.

[4x4Tyke]

PhilboSE said:

4x4Tyke said:

You don't have to prove anything to them, but it is probably the easiest, wisest course to do so. However that doesn't mean you have to rush back, make them wait or return when it is convenient to you.

The most pragmatic way of getting him off my property seemed to be to be as co-operative as possible. However, he had told my decorators that he had the powers to make them stop work, and that they should consider whether they were going to get paid or not, so it was in my interests to get back and sort this out!

That would have been enough to really piss me off, become uncooperative and would probably have called the police for criminal trespass. Prove my identity to the Police only and asked them to remove him.

[Durzel]

4x4Tyke said:

You don't have to prove anything to them, but it is probably the easiest, wisest course to do so. However that doesn't mean you have to rush back to help. Make them wait or return when it is convenient to you.

I had a similar issue when I moved into my current house. Most of the bailiffs were ok and some were right prats who quickly resorting to threats and intimidation. I gave those the run around and no help.

I'd put up a simple clear statement in the window, that refers all such enquires to the seller's solicitor.

They cannot break in legally, in your absence, learn your rights.

https://www.gov.uk/your-rights-bailiffs

Can't break in, but it's not that unusual for decorators to leave doors open or ajar while they're ferrying stuff back and forth, airing out paint or whatever, especially if it's an unoccupied property.

Do bailiffs try the door handles?

EDIT: Should've read the thread in full, already mentioned.

[Psycho Warren]

They cant repo the house.

Theyd have to get a court order to charge the debt against the property then go to court again to force sale of the house first. In both cases they would have to perform due diligence to find out who the legal owner of the property is otherwise its completely illegal and unenforcable. Plus they would never get away with trying to put a charging order on your house when the debt is in someone elses name.

[Hol]

Adrian E said:

Worth ensuring your own details are up to date with the credit referencing agencies (eg the money saving expert credit club) and stuff like electoral role/council tax are updated ASAP - as it'll mean more evidence that you are the owner, and to break the link to the previous owner.

Might it be worth a note somewhere obvious near the door that states the person in question no longer owns, or resides at, the address and asking them to take appropriate steps to confirm this without disturbing you as the current owners? They'll probably doorstep you anyway, so worth keeping some evidence handily close to the door that you can access it without giving one of these folk an open invitation to walk in to your house and make a nuisance of themselves before you can produce it.

I think this is good advice, to have a folder and some additional copies of some documents by the front door.

I know it sounds lame (really lame), but would it be practical to put some of visitor book by the front door, to record the date/time and Company and Individual names of any bailiffs that attend and leave empty handed. You could then show this to subsequent bailiffs who turn up, to reinforce and give them a quick way of validating your story.

[Wooda80]

What proof did you show the bailiff when you had to meet him at the property?

Surely you could simply save the document on your phone and message / email it to the next bailiff that comes along without you having to attend?

[PhilboSE]

4x4Tyke said:

PhilboSE said:

4x4Tyke said:

You don't have to prove anything to them, but it is probably the easiest, wisest course to do so. However that doesn't mean you have to rush back, make them wait or return when it is convenient to you.

The most pragmatic way of getting him off my property seemed to be to be as co-operative as possible. However, he had told my decorators that he had the powers to make them stop work, and that they should consider whether they were going to get paid or not, so it was in my interests to get back and sort this out!

That would have been enough to really piss me off, become uncooperative and would probably have called the police for criminal trespass. Prove my identity to the Police only and asked them to remove him.

From the bailiff's point of view, he's gone to the address on the paperwork, he probably gets blanket denials ("not me guv") 99% of the time, and probably thought he was doing the decorators a favour by reducing their exposure to being ripped off. So I don't hold that against him, although I would have preferred it if he hadn't crawled over my property, he was only doing his job and what he is entitled to do given the circumstances.