Bailiffs chasing previous tenant

[gagamama]

I moved into my current address 7 months ago and have always received lots of mail for previous tenants. Two or three names seem to come up a lot and I've always stuck the letters back into the post box with 'not known at this address' written on the envelope. This has reduced the number of letters but certainly not stopped them.

A few months ago I noticed a letter which I could clearly see through the envelope was some kind of final demand. I returned this and followed it up with a recorded letter to the company, including photocopies of bills and tenancy agreement in my/DPs name. I also alerted my landlord who spoke to the company who advised him on the action I'd already taken.

Things stopped for a while, but then we received another hand-delivered letter, simply addressed to 'Flat X', XX XXX Road' etc. I opened this as it was not clear who it was for. It was another final demand, with a name and reference number. I repeated the above steps with this additional information and reiterated that any further contact would be considered harrasment, and that they had a duty under the fourth principle of the Data Protection Act to ensure that details held on an individual were correct and up-to-date.

Last week we received another letter. This alluded to a collection and arrest warrant being issued within 10 days. I scanned the previous bills etc, attached my previous letters, and have emailed the CEO, Head of Operations, and some other generic email addresses for the collection company, with read receipts. I have also copied the court who have issued the warrants and is listed as the 'client', as well as my landlord.

If this STILL doesn't get the bailiffs to leave me alone, where do I stand? I am geninely fearful of them coming to my door, even though I know that I don't have to let them in and they can't take anything from me if I prove who I am. This has absolutely fuck all to do with me and is wasting considerable amounts of my time and causing me considerable distress.

Can I threaten them with any further action relating to the DPA or harrassment? Should I threaten the OFT, or even the Police?

I just want this solved without confrontation in front of my young DCs. I am a naturally anxious and non-confrontational person, surely I have a right to feel safe in my own home without fear of being approached to settle someone elses debts, when I have repeatedly informed them they have the wrong details? It has even crossed my mind more than once to simply pay the fine (only about £300 IIR, more than I can really afford but not an enormous amount) just to get them to leave me alone!

Any advice gratefully received, if you get this far...

No real advice except if you dont get any real advice here quickly consider posting on moneysavingexpert.com.

Who are the company and what does the debt relate to?

The company is Philips, the court is HMCS Camberwell Green, and the debt is some kind of motoring offence.

You need to contact the company in which this relates to and explain that this is harassment. Legally, they are responsible for the bailiffes as the bailiffes are their agents. You can also contact the court that has issued the warrant and explain that you are not x. Should the bailiffes turn up on your doorstep then you just need to show them proof of tenany and ID. They can not gain access to your property not take any goods. Don't pay this off, the last tenant was very irresponsible and you shouldn't clean up their mess.

£300 is normally the council for council tax or a parking offence, these are the only times a CCJ and bailiffes are given something to do, it's rare that they are used for other debts. You are best off contacting the council if this is the case.

I'd go to the police with all of this and see what they suggest, AND email copies of all this to your MP.

I would contact the court for advice...

I obviously wouldn't pay the debt BTW, but it has crossed my mind that it would be easier to do this than keep writing sodding letters, queuing up to get them sent recorded delivery, and photocopying bills every few weeks! (Hence why I've resorted to email this time round).

The court people are very useful. It's an offence to harass someone, especially as they are aware you are the wrong person! Give the court a call and see what they suggest. I've delt with problems like this before, they should give you the details of the claimant, you should then contact them.

If motoring you may find that the DVLA still has your address listed for the vehicle - previous occupiers of our house don't seem to have got around to this in 3 years and now have stopped paying car tax. You can write to the DVLA and tell them they don't live here if you have the registration.

If it were me, I would make a personal visit to the Court whose name and address is on the documents.

Ask to speak to the Clerk of that court.

Take your driving licence as proof of ID.

Ask the Court to present this evidence that the person accused no longer lives at your address.

If your name is not on the Court documents then it is unlikely that you will get arrested.

Personally, I would not send any more documents to the bailiffs or debt collectors. It is too easy for them to think that you are involved.

Have you tried phoning them? I had a similar problem and it was only when I actually spoke to them that it all stopped.

Needless to say on the day that the bailiffs were meant to be coming round I made sure everything was double locked and my car was elsewhere!! (it was fine though...)

The thing with phoning them though is that I can't prove I'm not the person they're looking for, and I imagine they must get a lot of people claiming not to be the person they're after. Calling the number on the letter just takes me through to an automated payment hotline, but I have found a direct number by googling so it's worth a shot.

I don't have a driving license and I don't live particularly close to the court so it would be tricky, but that's an option if a bill/tenancy agreement and passport would suffice. I will give them a call first though and see what they suggest.

DVLA didn't even cross my mind, that's another possible avenue, thanks.

Thanks everyone for the suggestions. I haven't had any of the read receipts for my email come through today so that may have been a fruitless exercise too.

No, but have you actually done it? They may dig out the letters that you have sent and actually do something about it if you chase them? I appreciate that you shouldn't have to do this (obviously) but it's worth a go :)

We had this (same company, also a driving offence, hmmmmm) and dh called the company who said to send them a copy of our council tax bill.
The letters have since stopped. No bailiff came round.
(YET )

Personally, I would hesitate to send the company any of your own Identity details.

I would not trust such companies with my personal details.
If you have a common regional name, then it is too easy to get mistaken identity.
Some parts of the country, like Scotland for example where there are lots of Andersons and Mac Donalds etc.

I did have bailiffs come to my door for the previous occupiers of my house. They did some kind of flit and left lots of unpaid bills.

I just missed the bailiffs and they put a card through the door - when I rang the number and told them the previous people had gone they were fine No drama at all.

I did have to fax BT my Birth Cert before they would give me a landline though, because of the previous owner

They cannot take your stuff, you do not owe the money. They are only men with vans

We've had the police and baliffs at our door due to the previous tenants doing a flit, and owing everybody money. It's been 18mths since they went and I know they still had their car registered here last christmas, because we had a parking fine turn up here from that period. Just be polite and firm, and make sure you have copies of your tenancy agreement/passport to hand. I'll admit I got a bit pissed off with constantly having to prove who I am. It's not my problem that the previous tenants were flaky, but unfortunately there's nothing you can do but grit your teeth and deal with it.

FWIW. It's not illegal to open mail sent to your address unless you're planning to defraud or otherwise do bad things with the information. I often opened post, especially if it was from a company that kept sending stuff out, as it sometimes shortens the whole process. One of the catalogues I spoke to said they wait for a specific number of letters to be returned before it's passed to the 'returned mail' department and then they send a million letters before they put a stop to them.

You seem to be very worried about this but I'm not sure that you need to be.

As you said, you know you are not expected to settle someone else's debts. A lot of the debt recovery and court letters are generated automatically and often one debt agency will sell on the debt to another company so you can get a lot of letters chasing the same debt. You treat them like junk mail and return to sender with 'not at this address since ....' on it and a 'please amend your records' request on the outside of the envelope. There is no obligation on your part to produce evidence to show who you are, if they are really bothered they will check the council tax/electoral records electronically.

We have loads of demand and court letters for the previous owner of the house who did a flit abroad. The letters are treated as junk mail and are RTS.

And that's it. I had one man come to the door about 2 years later and I gave him the same info - he looked about 15 It was a 20 second conversation and he was perfectly pleasant. I pointed him in the direction of the estate agents who might have had a forwarding address.

Thanks all. After contacting the court last week, I called the agency today who confirmed that the debt was no longer connected with my address.

I know I needn't be worried about being expected to settle the debt, but I was just worried about a bunch of heavies turning up at my door while I was by myself with the DCs. I'm probably imagining it to be more menacing and traumatic than it actually would be, but I know DinahRods example is more likely to be the reality. It's just that I do struggle with anxiety generally and the thought of it was like a cloud over my head. Silly I know!

I have had someone come to the door looking for a previous owner, who did indeed try to be a bit menacing and tried to persuade me to pay something "on account".

However, I did stand my ground, told him a) the person he wanted had not lived at the address for xx years, and that b) he could go elsewhere for his money, I was not paying something I did not owe.

He tried to get funny with me, and all I told him was that any further attempt to contact this person at my address would result in a charge of harrassment and I shut the door in his face.

I was so very polite, but firm, and watched him standing there looking at the house a bit lost, afterwards, before he got into a car and drove off.

My daughter is about to move into a flat and there are considerable number of letters re. unpaid gas bills. She has opened one to day that says they have got a court order and a bailiff will call. Whilst she knows it isn't her debt, she is worried that they will call when she is out and simply force entry and change the locks or indeed take her belongings. Can they do this, I feel sure they can't but I need somewhere I can refer her to that states this. All the sites I have found are assuming that "you" are the debtor.

Have you looked at the CAB website?

No, is there useful advice on there?

Bailiffs cannot force entry so don't worry sooperb.

Tell your daughter to ring the people the letter came from, inform them that the person they are after has moved away, and the rest is their problem.