HELP: Debt Collector Visit
Discussion
Found a letter on the floor today at home from an 'Enforcement Agent'. I was home all day and he didn't knock, ring the bell or anything but someone must have let him through the main security entrance. I'm pretty sure I heard him come in as my office window is above the main doors.
The name of the person responsible for the debt is the old tenant. I know he's got a lot of people after him as I'm returning letters addressed to him pretty much every day.
I can't say I'm not worried about it as I am. The thought of coming home and finding a load of my possessions gone isn't too great. I'm a photographer and keep all of my work equipment such as computers, servers, cameras and lighting all at home all which is essential and if something like a server was taken then I'm done.
I'm pretty sure they're not allowed to enter your home without you being there but I'm off to Amsterdam next week for work and don't want to come home to things taken. Thinking I should put a lock on my office and attach our lease to the door so if he does get in he doesn't take work stuff.
I phoned the guy's number on the letter but couldn't get through. What do I do?
The name of the person responsible for the debt is the old tenant. I know he's got a lot of people after him as I'm returning letters addressed to him pretty much every day.
I can't say I'm not worried about it as I am. The thought of coming home and finding a load of my possessions gone isn't too great. I'm a photographer and keep all of my work equipment such as computers, servers, cameras and lighting all at home all which is essential and if something like a server was taken then I'm done.
I'm pretty sure they're not allowed to enter your home without you being there but I'm off to Amsterdam next week for work and don't want to come home to things taken. Thinking I should put a lock on my office and attach our lease to the door so if he does get in he doesn't take work stuff.
I phoned the guy's number on the letter but couldn't get through. What do I do?
Trabi601 said:
Surely you just call them and tell them you're not the person they're looking for?
For the first 3 months I was returning all letters 'RTN TO SENDER'. When they kept coming I started to open them and call the agencies but got told off as thats illegal. Nothing has worked and we still get letters. I started to ignore them thinking RTN TO SENDER would be sufficient but this makes me think not so much. Honestly, I've tried calling many, many times but there's so many agencies looking for the guy it's hard to keep track. He was still getting fresh parking fines in March of this year so I phoned the DVLA but they couldn't detach his car from my house so anything new is all still coming here.
He moved out in September '15, and we moved in in November '15.
Boosted LS1 said:
You don't open the door to him otherwise he'll take an inventory 'walking in possession'. In the mean time you try to ascertain who is the debtor. They have no real powers if they can't get in.
The agency is on the bottom of the letter. I called them but they said once it's at this stage I have to speak directly to the agent who isn't answering his phone.I've had similar as my house before i bought it was rented out and they ran up massive debts
just contact all debt collectors thats involved state that you are the new tenant and you're not the person they're looking for
they should leave you alone but it might take a few phone calls
it took us 2 years to stop receiving threatening letters
we even had locksmiths and bailiffs come i happily opened the door though let them come in and chatted as i could prove who i was and when i bought the house
just contact all debt collectors thats involved state that you are the new tenant and you're not the person they're looking for
they should leave you alone but it might take a few phone calls
it took us 2 years to stop receiving threatening letters
we even had locksmiths and bailiffs come i happily opened the door though let them come in and chatted as i could prove who i was and when i bought the house
ashleyman said:
The agency is on the bottom of the letter. I called them but they said once it's at this stage I have to speak directly to the agent who isn't answering his phone.
IANAL, but from experience of a similar issue with a previous tenant: - It's not illegal or naughty to open mail delivered to your property. IIRC the law people confuse is interfering with 'the queen's mail' when it's in transit. Once delivered to your home it isn't in transit any longer.
- A bailiff or high court enforcement agent can only make peaceable entry. If doors are locked (or of such design they need a key to open), and windows are closed, they can't just force their way in for this type of debt recovery (as opposed to an eviction, for example).
- A bailiff or high court enforcement agent is not interested in taking walking possession of, or repossessing, your goods if you can show you're not the person they're looking for. They'll just cross your address off their list and the office will try to track the person down to a new address.
- Check whether this is actually a court certificated bailiff or high court enforcement agent, rather than a 'debt collection officer' from some powerless debt recovery 'agency'. The latter have no powers at all, and can't even knock at your door if you withdraw their common law implied right of access. They also can't levy or remove goods. From the look of the notice/letter however, it's for the local borough/council, so likely a genuine agent of some description.
Relax, it'll be fine.
That letter looks to be fraudulent, they cannot seize your goods or any that do not belong to the debtor. They can only seize goods if they follow specific procedures including notice of enforcement, peaceful entry (with your permission) to catalog the goods they intend to remove at a later date. Giving the debtor time to pay. Since they never gained peaceful entry, the letter is fraudulent. A genuine "controlled goods" notice is a legal document and must be completed correctly in good faith. They cannot take tools of trade. They cannot take goods that do not belong to the debtor.
Even if when a claim is legitimate, continued harassment of a debtor is illegal.
Send them a registered letter point out your previous notifications and that further harassment will result a complaint to the Police under the Protection from Harassment act.
They are also ignorant/lying about opening the letter. The postal act prevent interference with mail in transit, not once it is delivered and also requires bad-faith on your part.
Even if when a claim is legitimate, continued harassment of a debtor is illegal.
Send them a registered letter point out your previous notifications and that further harassment will result a complaint to the Police under the Protection from Harassment act.
They are also ignorant/lying about opening the letter. The postal act prevent interference with mail in transit, not once it is delivered and also requires bad-faith on your part.
Edited by 4x4Tyke on Friday 8th July 09:53
It will be fine as above.
This happened to me over 10 years ago after I bought a repossessed flat. The previous owner clearly had lots of unpaid debts and I had several of these letters from different debt collection agencies. Mostly they went away when I phoned them to explain although on one occasion a couple of guys turned up. I opened the door, explained who I was and the situation, we shook hands and that was the end of the matter.
It's not your debt so you have nothing to worry about!
This happened to me over 10 years ago after I bought a repossessed flat. The previous owner clearly had lots of unpaid debts and I had several of these letters from different debt collection agencies. Mostly they went away when I phoned them to explain although on one occasion a couple of guys turned up. I opened the door, explained who I was and the situation, we shook hands and that was the end of the matter.
It's not your debt so you have nothing to worry about!
IANAL either and most of the legal stuff has been covered, but as far as I know they can also only turn up to seize stuff if they have gone through the courts and won so that they have a high court order (hoping that's right).
It can take some time for them to believe you, but companies will eventually accept that you are telling the truth.
In this day and age with mobile and land line numbers being given back out, my wife (when i first met her) had it in the past with a land line number, that (now) virgin gave back out.
i currently have it with my work phone, which is owned by a company not a person. I've had some very funny conversations with bailiffs / debt collectors / people someone owes money to in the last 3 months (I've had the phone for over a year) about why i'm not the person they want, don't owe them money, and i'm not coming back home to an address in hackney I don't live at. They are having their gas and leccy cut off as well from what I gather (or threats to).
sorry was trying to cheer you up a bit so you don't worry.
It can take some time for them to believe you, but companies will eventually accept that you are telling the truth.
In this day and age with mobile and land line numbers being given back out, my wife (when i first met her) had it in the past with a land line number, that (now) virgin gave back out.
i currently have it with my work phone, which is owned by a company not a person. I've had some very funny conversations with bailiffs / debt collectors / people someone owes money to in the last 3 months (I've had the phone for over a year) about why i'm not the person they want, don't owe them money, and i'm not coming back home to an address in hackney I don't live at. They are having their gas and leccy cut off as well from what I gather (or threats to).
sorry was trying to cheer you up a bit so you don't worry.
If the creditor is LB Croydon, the amount stated looks correct for a PCN that has gone through the Charge cert and Order for Recovery process. These will probably be some of the previous letters sent back by the OP. It's likely to be JBW, Newlyns or Task Recovery - although these are certified HCEO, if the debt is under £600 they will not be working on HCEO regulations.
It's relatively straightforward to deal with when the Bailiff does respond to your calls, provide your proof of of ID and an explanation, and they will go off to do an address trace on the actual debtor. We get this fairly regularly as a number of vehicles get registered to my company in error by supplying dealers.
The bailiff guys I've dealt with are usually as receptive and friendly as the people they are going to meet - if you get stroppy with them, they get stroppy back. Speak to them as normal people, and you get spoken to reasonably.
It's relatively straightforward to deal with when the Bailiff does respond to your calls, provide your proof of of ID and an explanation, and they will go off to do an address trace on the actual debtor. We get this fairly regularly as a number of vehicles get registered to my company in error by supplying dealers.
The bailiff guys I've dealt with are usually as receptive and friendly as the people they are going to meet - if you get stroppy with them, they get stroppy back. Speak to them as normal people, and you get spoken to reasonably.
Are you being a bit too passive...
phone them back and tell them that you will be pursuing them for harassment unless they sort it out...
ashleyman said:
The agency is on the bottom of the letter. I called them but they said once it's at this stage I have to speak directly to the agent who isn't answering his phone.
their agent - they sort it out...phone them back and tell them that you will be pursuing them for harassment unless they sort it out...
Thanks for all the helpful tips and advice. You've definitely helped to calm my nerves and also I can now calm my wife down!
Regarding the word F***. No I do not live at F*** Road, I assume it is supposed to say Flat.
I don't know what RTD stands for but I know this will be for unpaid parking tickets. In the other letters I have opened there are also fines from Epsom, City of London and Sutton councils. British Gas are also looking for unpaid gas, and SSE want up to date meter readings from him.
The agency for this guy is Newlyn, that's who I phoned and they said I need to speak to the agent. I've tried calling today and he picked up, I explained and asked him to come back to give him hard copy evidence but he refused and hung up saying 'Don't worry about it mate'. No idea what that means but not what I expected.
I read the links about creditor harassment, but as I'm not the creditor I don't know how much of it applies to me.
It was Citizens Advice Bureau who told me not to open his letters. Post lady said she has a duty to put them through the door but after that it wasn't anything to do with RM.
I totally understand that it's not my debt and I'm not worried about that. I was just worried about going away from work and coming home to find my door open and some of my stuff gone.
Again, thank you for the time spent replying.
Regarding the word F***. No I do not live at F*** Road, I assume it is supposed to say Flat.
I don't know what RTD stands for but I know this will be for unpaid parking tickets. In the other letters I have opened there are also fines from Epsom, City of London and Sutton councils. British Gas are also looking for unpaid gas, and SSE want up to date meter readings from him.
The agency for this guy is Newlyn, that's who I phoned and they said I need to speak to the agent. I've tried calling today and he picked up, I explained and asked him to come back to give him hard copy evidence but he refused and hung up saying 'Don't worry about it mate'. No idea what that means but not what I expected.
I read the links about creditor harassment, but as I'm not the creditor I don't know how much of it applies to me.
It was Citizens Advice Bureau who told me not to open his letters. Post lady said she has a duty to put them through the door but after that it wasn't anything to do with RM.
I totally understand that it's not my debt and I'm not worried about that. I was just worried about going away from work and coming home to find my door open and some of my stuff gone.
Again, thank you for the time spent replying.
ashleyman said:
I've tried calling today and he picked up, I explained and asked him to come back to give him hard copy evidence but he refused and hung up saying 'Don't worry about it mate'. No idea what that means but not what I expected.
I had similar at an old address of mine, I called him and told him it wasn't me and that person didn't live here. Never heard from them again.If the bailiffs return whilst you're at home then have a chat with them. Last year I had two different bailiffs turn up at the house looking for the boyfriend of one of the girls who used to live here. Soon after she moved out we started getting official looking letters arriving for this lad, and after a while I opened one to see it was a parking fine, whilst others had HM Revenue & Customs printed on the front.
When the bailiffs knocked at the door I explained that the lad had never lived here and was using this address to get lots of official mail sent to. They looked a bit deflated but left never to return - hell, they didn't even ask to see any identification but given this guy was Romanian I guess the fact I didn't sound like one was enough for them.
When the bailiffs knocked at the door I explained that the lad had never lived here and was using this address to get lots of official mail sent to. They looked a bit deflated but left never to return - hell, they didn't even ask to see any identification but given this guy was Romanian I guess the fact I didn't sound like one was enough for them.
k' before... 
ashleyman said:
I don't know what RTD stands for but I know this will be for unpaid parking tickets. In the other letters I have opened there are also fines from Epsom, City of London and Sutton councils. British Gas are also looking for unpaid gas, and SSE want up to date meter readings from him.
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