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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

High Court Enforcements Officer at my door

118 replies

PretABoire · 18/01/2018 07:48

A friend of mine is in a complicated situation with lots of debt and no fixed abode. Somehow she’s been traced to my flat. Yesterday morning a High Court Enfirceemnt

OP posts:
MarmaladeIsMyJam · 18/01/2018 08:29

Why is she getting post to your house? Is it for the debt she owes? I think this is a the problem, I may be wrong though.

SoupDragon · 18/01/2018 08:31

Did they leave paperwork? I think you need to contact them and cooperate to sort it out properly.

Devilishpyjamas · 18/01/2018 08:33

Has she given your address as hers? If so yes that can be a major problem on your credit score.

Original poster
PretABoire · 18/01/2018 08:35

She had some post from the bank sent here (nothing to do with the debts or lenders) I assume that’s how they found her address. I can’t tell them where she lives because she just stays in random places and I wouldn’t put someone else through this.

OP posts:
Flowerpot1234 · 18/01/2018 08:38

OP, urge her to phone them, or give her phone number to them. They know you know something, which you do - her whereabouts and her contact details. She owes money. It is not fair on those she owes money to who have had to resort to HCE. She needs to talk to them, the debt will increase and increase if she doesn't, and this will only get worse for her.

Doilooklikeatourist · 18/01/2018 08:39

She doesn’t seem to be worried about the consequences for you though
I don’t know what to suggest , and think you probably need legal advice from a professional asap

DriggleDraggle · 18/01/2018 08:39

This reply has been deleted

Message withdrawn at poster's request.

Original poster
PretABoire · 18/01/2018 08:40

My concerns are:

  1. my contract only proves I am liable for the rent, not that she doesn’t live here
  2. stage 2 enforcement going ahead (I dont really care how much it costs her - this is just one debt of several)
  3. my credit score being affected by the high court writ

The situation feels a bit divisive because we’re in very different places, I’m saving for a deposit on a house and have a considerable amount of high value possessions whereas she’s effectively homeless and has lost everything. Our concerns are at opposite ends of a spectrum and when she’s in such a shitty place I can hardly blame her for putting her own priorities first.

OP posts:
CuriousaboutSamphire · 18/01/2018 08:44

Flowerpot Your info is out of date, they do send a 7 day notice at Compliance!

thesheriffsoffice.com/services/support-centre/enforce-money-judgments/enforcement-fees-and-stages

She had some post from the bank sent here Then you may have a harder fight.. you have allowed her to use your home as her de facto address. As far as the law is concerned she does have some residence at your address!

But it won't be on your credit score - that too changed a number of years ago!

Call CAB or Shelter and ask for their advice. Call the HCEOs and explain fully... they are NOT monsters, they are court appointed officers and have a job to do. That live High Court Writ means that they are obliged by law to carry it out to the best of their ability.

Contact them and explain, in full!

ThePants999 · 18/01/2018 08:45

Credit records relate to a person, not an address. The OP's credit score is NOT at risk, unless the friend has been running up debts in her name too.

BitOutOfPractice · 18/01/2018 08:46

Do you have any other adults living there OP? If you don't and have a council tax reduction as a result, then I wonder if that could be proof that she doesn't live there?

What a horrible situation she's put you in

Original poster
PretABoire · 18/01/2018 08:47

samphire omg could you please report that last comment and have it removed? You’ve mentioned my employer who will now circulate this thread in an internal email bulletin!!

OP posts:
StylishMummy · 18/01/2018 08:48

By having bank statements etc sent to you they'll use that to 'prove' she lives with you. She's used your address for post and shouldn't have, she or you need to call them and start returning all letters as 'not known at address'.
Otherwise you're potentially in the shit

expatinscotland · 18/01/2018 08:50

This is like the thread running now about the woman who let a friend use her empty rental flat. I'd try to contact them but your so-called friend has really shafted you. No wonder no one wants to do someone a favour these days.

Original poster
PretABoire · 18/01/2018 08:51

Ok I will return all future letters. Unfortunately I do pay full council tax as DP lives with me but isn’t on contract due to a pisstake of agency fees (£300 per person for credit checks and references!!) Landlord is cool with it, we work together to minimise fees.

OP posts:
CuriousaboutSamphire · 18/01/2018 08:51

samphire omg could you please report that last comment and have it removed? You’ve mentioned my employer who will now circulate this thread in an internal email bulletin!!

Huh? I mentioned your employer?

If you work for The Sheriffs Office then you will know all about the procedure.

And CAB and Shelter have been mentioned a few times before!

charlestonchaplin · 18/01/2018 08:52

Some of you are utterly clueless and you'll get the OP in trouble with your wrong opinions. Where legal matters are concerned, if you don't know what you are talking about, keep schtum.

OP: Do not let them into your flat under any circumstances, whether your friend lives there or not, or your stuff will go to pay her debt unless you can prove it is all yours.

As she does not live with you, just repeat that if they turn up again. I personally wouldn't engage any further, but you can give them her phone number if you like. If you take too much interest in the debt they may start to think she really does live with you, or you are really her. It is not your debt so it is not your problem to deal with. If you let them in and they see her mail, they may take that as evidence that she lives there.

Also contact your friend and ask her to deal with her debts.

Flowerpot1234 · 18/01/2018 08:52

CuriousaboutSamphire
Flowerpot Your info is out of date, they do send a 7 day notice at Compliance!

Afraid not - I did one last month. The standard period is 7 days. The creditor (as I did) can request to a judge to reduce the notice period under some circumstances. It can actually be reduced to minutes.

SaskiaRembrandtWasFramed · 18/01/2018 08:53

samphire omg could you please report that last comment and have it removed? You’ve mentioned my employer who will now circulate this thread in an internal email bulletin!!

I can't see any mention of an employer.

Fishbiscuits · 18/01/2018 08:53

A mortgage statement and council tax bill were sufficient to get rid of the HCEO who came to my house looking for a previous owner. I was unable to give a forwarding address (previous owner had run out on their mortgage allowing the house to be repossessed).
You really need to contact them now to get all this sorted out. Presumably if stage one has been served they gave you some paperwork? Don’t wait for them to come back a second time.

Flowerpot1234 · 18/01/2018 08:55

samphire omg could you please report that last comment and have it removed? You’ve mentioned my employer who will now circulate this thread in an internal email bulletin!!

Huh? I mentioned your employer?
If you work for The Sheriffs Office then you will know all about the procedure.

Huh exactly! Eh? WTF??

CuriousaboutSamphire · 18/01/2018 08:56

The creditor (as I did) can request to a judge to reduce the notice period under some circumstances. It can actually be reduced to minutes. Can't argue with that level of knowledge Smile

I was going by the info on the website, their procedure, which I may have to use on a client! I shall bear that in mind if/when I do!

Original poster
PretABoire · 18/01/2018 08:57

Oh god maybe I should have the thread taken down 😅

Friend is going to call and explain the address situation. I’ll call them too and get confirmation they received my email with my contract and there will be no further action at my address. This is such a ballache, I’m a bit phobic of debt and have never had any for this exact reason!

OP posts:
StylishMummy · 18/01/2018 09:01

OP there's literally nothing identifying here Hmm

Flowerpot1234 · 18/01/2018 09:01

CuriousaboutSamphire I've learned a lot about HCE by being a creditor and using them, and so much of it is not on websites. So much is up to judge's discretion too. It's really tough for creditors to get their money back, it's not easy at all, it's a very long and laborious process waiting for judges to respond in entirely inconsistent ways, inconsistent between judges and also between what the clerks have told you. It's a mess.