Advice needed about bailiffs and high court enforcement officers

[daisydotandgertie]

We have lived in (rented) our house for five years and we have a problem caused by the previous tenant.

It appears he has continued to use this address for matters relating to his car and we have over time received a number of letters - most of which we have forwarded to the landlord's agent (my DH's employer, related to the previous tenant, complex set up). One we opened in error and it was about a speeding fine.

About 6 months ago we received a letter addressed to the previous tenant which I opened; it was threatening a bailiffs visit for non payment of the fine. I rang the agency and told them the addressee had left 5 years ago; they replied they would send a bailiff to our address so we could prove to them we were not the original addressee - by showing some sort of photo ID including our address and a domestic bill.

Nothing happened.

Today, we've got a another letter from High court enforcement officers and certified bailiffs (same company, but last letter wasn't from high court bit) telling us who the client is and that the addressee has failed to pay the outstanding amount and that they have court authority to remove goods and impose fees and charges. That the balance needs to be paid in full or they will attend the address to remove goods for sale at auction.

The scary bit is that the letter also says that if the outstanding amount is in relation to a warrant issued by Her Majesty's Court and Tribunal Service (and they are the client) that the powers of entry granted to them permit the use of locksmiths to allow entry to our home even in our absence.

Can they really do this or is it a very cleverly worded frightener? How can I find out if there is such a warrant?

They haven't paid any attention at all to the fact that the man who owes them money doesn't live here anymore - and I fear they will pitch up and try to take our possessions to pay his debt.

I haven't the first clue how to resolve this. I don't trust the landlord to sort it out - what ever they've done so far hasn't worked. My DH isn't quite at his best and is battling terminal cancer. I want to sort it out without him having to battle with his employer if I can.

Does anyone know where to start? Can they break in?

A cheeky bump.

If they've got a warrant, it will name the debtor and will not be enforceable against anyone else.

You need to write to the High Court enforcement officers and bailiffs by recorded delivery saying again that the debtor does not live at your address and that if they try to execute the warrant against your goods they will be committing trespass and theft, and asking them to confirm that they will not take any action. Ideally, send them some proof of what you are saying like a copy of your tenancy agreement and recent utility bills.

It would also make sense to write to whichever court issued the warrant to explain the same thing and ask them to cancel the warrant relating to your address.

In future, if you get any letters addressed to the previous tenant I suggest you simply put them back in the postbox with the address crossed out and marked "Addressee unknown".