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Original poster

debt collection agencies just won't listen

29 replies

luminarphrases · 09/02/2008 15:07

it seems like every person who has ever lived in this house has accrued enormous debts, meaning i get literally 5 letters per day for somebody else. for the first 6 months of this, we sent all of them back. then, purely because this wasn't working (i opened them, yes i know its illegal), rang the companies up, and told them that this person no longer lived in this house.

now, bailiffs have started turning up, 2 in the last week. the first one i put the chain on the door, fetched him my passport and the deeds, and he was fine that that was enough evidence.

one turns up this morning, two minutes after my dh left, and silly me thinks its him coming back cos he's forgot his keys and i don't chain the door or look in the peephole. bailiff pushes his way into my home and starts demanding money. then, when i tell him that it's not mine, and show him passport/deeds, he begins to go up the stairs and check for 'lodgers'. he questions the bed in the spare room (its for visitors, duh) and then opens my jewellery box! so, i'm in tears, dd is in tears and i'm worried he'll start taking stuff. luckily dh came back otherwise i don't know what i'd have done. anyway, he left us saying 'i'll be back later with a van'.

we were going out later, but i'm definitely not now. worst thing is, the actual debt is for council tax, so if the council had checked, they'd have seen our name on the records. grrr. some of these people are pure nasty. sorry this is so long

OP posts:
nutcracker · 09/02/2008 15:09

I am not sure what you can do to get the names removed from your address, but if a bailiff turns up again and comes into your home ring the police.

WideWebWitch · 09/02/2008 15:10

Poor you. Bailiffs aren't allowed to harrass you in this way. I would keep your chain on and not allow them in in future. And complain to the company that employs the one who came this morning. If it's not your debt he has NO RIGHT to take anything of yours. He cannot come back with a van. Also put this in writing to the council asap and ask that they call the bailiffs off, pronto.

chocolatespiders · 09/02/2008 15:11

i am shocked at the behaviour of the one today....

poor you.... hope you get it sorted i woudl ring the police> not sure what they would do though

Original poster
luminarphrases · 09/02/2008 15:12

nutcracker- that was my next step if dh had not rang up. my fear is now they have gained access, they are allowed to do so again by any means neccessary

OP posts:
WideWebWitch · 09/02/2008 15:14

No they're not. It's not your debt. They cannot take your things. They presumably have a court judgement against SOMEONE ELSE, not you.

chocolatespiders · 09/02/2008 15:14

they cant even come in unless you ask them in

WideWebWitch · 09/02/2008 15:15

Look!

nutcracker · 09/02/2008 15:18

I would definatly ring the company of the one that came today, and inform them that as far as you are concerned you proven that you were not the person they are looking for, and that if they come back you will call the police.

Original poster
luminarphrases · 09/02/2008 15:22

thank you www, good to know what they can do and can't. am going to try and get through to council and debt people now.. wish me luck

OP posts:
TheDevilWearsPrimark · 09/02/2008 15:25

And write a huge letter of complaint. Is there not an ombudsman to deal with this kind of thing?
It's shit you are going through this through no fault of your own but you need to kick their arses.

Bellavita · 09/02/2008 15:37

I am sure that bailiffs are not allowed to barge into your home like that.

Original poster
luminarphrases · 09/02/2008 15:46

ok, have rung council weekend line. once they have passed debt on to debt agency, they can't get it back, apparently. oh great.

debt agency is saying i should have proved my identity. which i did, more than adequately. they now want me to send them a photocopy of my and my husband's passports and the deeds, which i am fairly loath to do. opinions?

OP posts:
TheDevilWearsPrimark · 09/02/2008 15:48

Speak to CAB. I too would hesitate to give any personal information to a company I need have nothing to do with.

Ask to speak to a manager at the debt collection co and give them what for.

WideWebWitch · 09/02/2008 15:49

Put it in writing don't rely on phone calls. Say you will not provide passports, you will provide them wth evidence of your address and name though, in writing. Do you have driving licence with a photo? They CAN get it back from the agency, that's bollocks that they can't. THEY are the agencies CUSTOMER and the agency has court judgement against someone else, NOT YOU

WideWebWitch · 09/02/2008 15:49

They are the agency's customer, sorry, not agencies

MegSophandEmma · 09/02/2008 15:50

Good site to look at

Kimi · 09/02/2008 15:53

Bailiffs are all pond scum, and you should be allowed to shoot them.

Good luck.
Speak to the head collection officer, the CAB and the council again and tell them this is harassment.

Original poster
luminarphrases · 09/02/2008 16:25

thanks megsophandemma, from that website i can see

? Implying action can be taken that is not legally possible such as implying they could take your property

ending letters addressed to ?the occupier? or discussing the debt with someone without knowing if they are you

? THOSE VISITING DEBTORS MUST NOT ACT IN AN UNCLEAR OR THREATENING MANNER.?

Collectors should explain the reason for any visit and give you notice of the time and date they will call

? They should not come in if you do not want them to and should leave when you ask them to

will not be sending passport certainly, and neither of us have a driving licence (though we are both working on it . dh has composed a letter outlining the above and asking them to check electoral register and remove our address from the debt.

when dh got home, i think he was most upset by dd's being upset. she had that kid intuition thing that something was wrong straight away, and obv. saw that i was upset. never mind, her and her dad watching rugby now!

am also going to ring cab on monday

OP posts:
sox364 · 09/02/2008 16:38

IF they come back...probably won't... ask them for proof of debt through letter box.
IF they give it to you, and its not in your name then they have effectively divulged confidential information about the third party with you without knowing who you are. Against the law. Then you can spout this at them and call police.

This job is blooming awful , i'm guessing that unless he gets the money back he don't get paid hence the anger and intimidation? .no way am i excusing it, it is abuse.

Original poster
luminarphrases · 09/02/2008 16:51

slightly removed from my own case, but i don't think public organisations like the council SHOULD be allowed to pass debt along. pursue the debt, as is right, but don't involve (imo) under-regulated agencies.
but i guess with the credit crunch, these agencies are just going to proliferate

OP posts:
mrspnut · 09/02/2008 16:54

The council have lied to you - they can recall the debt and it is up to them to ensure that the bailiffs they contract behave in a lawful manner.

Write to the head of the council tax department by name, marking the envelope private and confidential, telling him that you have been harassed and threatened by a bailiff contracted to his department and if they bailiffs aren't called off and you aren't given an apology then you will be contacting the chief executive of the council, your mp and the local paper.

I work in welfare rights and I have worked in a council tax department. If you need more help, you can email me on [email protected].

bitofadramaqueen · 09/02/2008 16:56

luminarphrases - how awful to have someone barge into your home like that. I'd have been terrified. It surely isn't legal for them to behave like that (particularly when its not your debt) so I would give your local police station a call as well as speaking to CAB etc. I dont know where you live but there might be a local community police officer who could look into it for you.

Oblomov · 09/02/2008 16:56

My friend had similar. You have to contact the Council direct.
The bailiff letters should tell you what the debt refers to.
Bailiffs do nothing.
You hav to contact council direct. That is not true about getting it back. The council has To CANCEL the debt with th bailiffs. It has to be that way round.

Freckle · 09/02/2008 17:37

Bailiffs are only allowed to gain peaceful entry to a property in order to levy goods. Peaceful entry does not include pushing past the home-owner. If they do this, they are trespassing.

I would contact his office and complain heavily and also contact the council to complain about their tactics - especially as the debt isn't even yours.

sophiewd · 09/02/2008 17:43

If the council have sold the debt to the collectino agency then there is nothing that they can do so check whether that is the case. They have no right to cross your threshold. We were in the same position as you and had to fax bills and copies of passports to the collection agency to proove that we were not the debtors and once that was done we haven't heard anything since.