To be pissed off about Baliff threat

[DuelingFanjo]

I own a house in a terrace, the next street has the same name but is a place.
Over the summer we had several tradesmen arrive at our house with kitchens, windows and so on. We dutifully corrected their mistake and sent them around the corner as we have done with post and take-aways over the last few years.

In Late summer a woman arrived at the door wanting to see the house, so I told her 'oh you probably mean place' but before sending her round the corner asked to see the letter she had. It was from our local housing association and had my address and postcode. So I called the association and they said they would correct the information on their databases.

A week or so later we had a letter from TalkTalk saying they would be connecting the internet to our house. 'Oh no you won't' I said and called them to point out that an error had been made. Woman with letter had obviously given out the address on the letter to the utility companies. So... I called the housing association to let them know and they were all 'oh well our system definitely says place not terrace' to which I replied 'well it would because I called you to ask you to change it but your tennant still seems unaware of the mistake'.

So... FFwd a couple of months and we have had several letters from talktalk saying she is in arrears (We did post a few into her letterbox but started opening when it became obvious they wouldn't stop) and now a County Court thing saying she is in arrears to a Nursery and that the Baliffs will be sent.

The Housing Association say it's not their mistake (Despite the months we had of builders knocking the door before the tenant moved in) and that they have told the tennant to let people know she has got the address wrong.

Anyway - sorry for the ramble but I am not BU to think that actually the sodding housing association is at fault here (apart from running up the debts) and they should be busting their arses to fix it?!

[onagar]

As for 'It's illegal to open other people's mail' it is if you do it purposely, but it's reasonable to assume that a letter through your door is to you without checking closely.

[onagar]

topknob - they cannot just 'come in' oh no they can't not even allowed a foot in the door

That doesn't seem to be the case according to the directgov site

What bailiffs can and can't do

If the bailiffs come to your home, you don't have to let them in. They can't force their way in, but they can enter through an open window or an unlocked door.

Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry

What can a bailiff take?

They can take non-essential items such as your television, and also possessions outside your home (for example, your car or garden equipment).

So imagine if the OP is on holiday or just outside with the front door open and the bailiffs call thinking this is the place?

Even if you are there saying "oh but you have the wrong place" might not work too well since I bet everyone says that.

[RantyMcRantpants]

Also check your credit files and see what has been said.

www.moneysavingexpert.com/loans/credit-rating-credit-score#files

[PigletJohn]

"It's illegal to open other people's mail,"

If that's the case, if there is a Return To address on the envelope, you know who to send your letter to, and I suppose you could enclose their envelope, unopened, but stapled to your letter.

[DuelingFanjo]

I have spoken to her. DH also went round there today but she wasn't there.

I guess I am just uber pissed off because I tried to cut this off at the pass at the begining of August and yet everything I said would happen is happening all because the Housing Association made a mistake at the begining!

[gordyslovesheep]

can you not talk to her?

also re baliffs - they aren't all evil - the ones I delt with (previous house owner with CCJ's in areas) where really pleasant and once I had shown them a utility bill with the address and OUR names they left - don't get to het up about dramatic tales of them 'forcing their way in' and stealing your children or some such - they wont

[afteralongsquawk]

Write them a brief letter along the lines suggested by Piglet, above.

However, be sure to add a paragraph stating that you will vigorously defend any enforcement action, and that you will charge out your time at £100 per hour. Send this by email or recorded delivery, and thereafter keep a "generous" log of time spent by you considering or dealing with this matter.

You will then have given them formal notice that you are claiming the right to charge for them wasting your time, and you will have an audit trail of proof that they received your notice. In the unlikely event that they continue to harass you, you could even make a couple of hundred quid!!

Having twice been in your position, I found I never heard another squeak from them...

[RantyMcRantpants]

Have a copy of your council tax letter to hand and tell them that you are not her, here's proof and they should go to xxx address.

[Minus273]

Its not that simple topknob. They can also get a hold of your telephone number from the address. How would you like to get woken up with calls when you have just got to bed after shifts and when you tell them wrong number they tell you they know where you live and will come and teach you a lesson. The to get woken first thing in the morning with big men in suits knocking hard on the door. Then it goes on and on and on. They spin lines like 'If you give us your bank details we'll leave you alone.

AFAIK though they do not have automatic right of entry without a court order at least that's how it works in Scotland. The COurt order won't be valid with the wrong name.

It is not the same as completely all right. It is time consuming, scary and really wears you down. I don't know how long it takes to stop tbh as I moved out before it had.

[DuelingFanjo]

It's not just this one letter, it's the potential for all sorts of other issues and I am pissed off with the HA.

[topknob]

I don't understand tbh, you just explain to the baliffs the mistake and tell them to fuck right off ! Problem solved. And they cannot just 'come in' oh no they can't not even allowed a foot in the door...helps if you have a big dog or a big dh !

[JujyFruits]

Yes when we first moved into this house we had similar problems but from the previous owners. We had several notes through the door threatening bailiff visits, but no one ever turned up. I think they make empty threats to scare you into paying first. After a while the notes from bailiffs stopped so I guess they gave up....

We also STILL get mail for them 4 years later, including bank statements We tried ringing the companies to tell them they no longer lived here, but they won't change the address unless the customer themselves tells them too. So it is a complete waste of your time, and your phone bill. All you can do is just keep returning the mail to sender.

[Minus273]

Tell the HA to take their complaint re street names up with the council as you didn't do the naming. There is an estate near me with every street named after an island and for each island there is a Street, Place, Close, Avenue and Walk. It must be a postie's nightmare.

[DuelingFanjo]

meh! I just needed a rant about the HA numptie really as it irritates me that they refuse to even accept that they made the initial mistake. They keep on blethering on about how similar our two addresses are and almost seem to be saying 'well, if you didn't have such an awkward address and location this may not have happened'.

In one of the first emails I had from them back in August they said "Following an investigation, we have checked our records and our address appears to be correct. As your address is so similar to our tenant?s, it would appear that it is an unfortunate case where suppliers and utility providers are getting both addresses mixed up" which is bollox - the utillity companies were just dealing with the incorrect info they were being given!

I dread to think what other debt there might be lurking around teh corner - catalogues, phones etc

[JarethTheGoblinKing]

Sorry if I'm worrying you btw.. for all of this, and all the letters I've had, I've never once clapped eyes on a bailliff. So don't worry :)

[PigletJohn]

like policemen, they might simultaneously say "canIcomein?" and push past you.

A good trick is to stand in the doorway with one hand on the doorhandle, so they would have to physically push you aside. And say, "no, it isn't convenient." You might have to practice saying that, as it often goes against the grain.

Maybe also invest in a doorchain.

[JarethTheGoblinKing]

Every time I've been visited by the lovely bailliffs they've actually put a note through the door the day before
(would like to point out that I've never incurred the wrath of bailliffs myself, it's always been ex-flatmates. Bastards.)

[JarethTheGoblinKing]

Once the door is opened I think they can shove their way in - foot in the door and all that.

I have no idea how to spell bailliff. :)

[DuelingFanjo]

I am spelling bailiff wrong aren't I? meh!

[DuelingFanjo]

it is a massive pain in the arse though :(
I mean, what you are saying is I have to ask everyone who knocks the door if they are a baliff before I answer it! What happens if I just answer it? I can still tell them to piss off, right?

[JarethTheGoblinKing]

Oh, and if the bailliffs come knocking, don't open the door at all. Just shout through that they have the wrong address and that you will call the police if they don't leave.

[JarethTheGoblinKing]

I would also let her know that you are returning all her mail, and that you suggest she contacts the companies she deals with to make sure she has the correct information. Put the onus on her, shove everything back in the postbox and stop worrying about it. Seriously :)

[PigletJohn]

I believe there are some laws prohibiting the harassment of debtors.

I would have thought bailiffs would like to claim they don't harass non-debtors either

If it was me, I would write a standard letter (letters are treated more seriously than phone calls), keeping a copy on file, and post it to every company or debt collectore. Something on the lines of:

"Dear xx

I have received your letter of (date), your reference (ref) addressed to a Mrs X at (my address)

I write to inform you that Mrs X does not live here, and never has done. Her correct address is (her address and postcode).

Please correct your records and let me have your written confirmation that you have done this"

You can also hand a copy to anyone who calls round, but insist on knowing their name, and the name and address of the company they work for, so you can post a copy. If they need telling more than once you can demand that they reimburse your postage and stationery costs, and compensate you for the stress. They probably won't pay, but it won't hurt to ask.

You also need to write to the credit reference agencies and (1) get a copy of your file to see if it mentions the other person (2) tell them Mrs X does not live there, and never has done. As you have no financial association with the other woman your own credit record should be unaffected anyway.