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Court bailiffs coming but it's not my debt......HELP!

11 replies

twofishes · 05/07/2008 10:01

this has been going on for ages a debt of my sisters (who is now living in OZ and we don't speak) with Next of £700 registered at my address when she lived here briefly (3 weeks) before emigrating, spoke with Next advising she no longer UK resident bla bla, escalated to legal action I stupidly paid £500 off now have had court judgemnt (all in her name) for £300 that I just can't pay ( have enough red bills of my own) this morning received letter from Court bailiffs saying they will be round with the van unless payment has been received in 24hrs
Twice I have spoken to the Court Office to tell them that my sister doesn't live at this address, but nothin g has changed am terrified of bailiffs banging on my door for a debt that isn't mine, they seem completely uninterested that she isn't here!

What can I do ?

OP posts:
Wisteria · 05/07/2008 10:05

they can't do anything if she doesn't live there. In fact, they can't even send bailiffs round afaik anymore.

daisylaisy · 05/07/2008 10:06

Don't panic. County Court bailiffs get a fixed salary, not commission so are, in my experience from the other side of the fence, pretty crap at getting money out of people even when it is owed.

The rules are:

  1. They can't barge into your house
  1. They can't levy on goods which do not belong to the debtor
  1. If the debtor has gone away, the bailiffs will simply report back to the creditor to that effect.

So, as and when the bailiffs appear, tell them your sister lives in Australia (a letter or something from her there would be handy to show them). They'll then mark the warrant "gone away, no goods of defendant at property" and Next will have to think of some other way to enforce the order (v v difficult for them whilst your sister is not in the jurisdiction).

twofishes · 05/07/2008 10:10

Oh thanks thats made me feel a bit better..
Next originally asked for proof she wasn't a UK citizen but as we don't speak I have nothing from her, can they check with emigration people or something she is actually an OZ citizen now I think (has a son over there and partner etc)

OP posts:
colacubes · 05/07/2008 10:20

They can not take anything that does not belong to your sister, even if you have a bloody Monet in the hall, they can not touch it. Dont let them in, dont open the door, just say, sorry doesnt live here. Show them id of who you are if they wont go, then seek legal advice.

Best way to deal with financial problems like this is to try to take the personal side out of it, be reasonable, be thorough, and keep records of who when and where, this is not your debt, you are not responsible, seek advice, dont worry, it will be fine.

Freckle · 05/07/2008 10:51

Thing is they cannot just take your word that your sister isn't there. For all they know, the voice on the end of the phone could be your sister trying to avoid her debt.

Make sure you have some ID. Show this to the bailiffs and explain that your sister doesn't live there and is now abroad. They should be satisfied with this. County Court bailiffs are nowhere near as nasty, devious or persistent as private bailiffs.

TennantbellesMum · 05/07/2008 11:09

I've had to tell CC that the previous tenant doesn't live here anymore and it's always been enough to stop them coming out.

It's probably too late now to do what I'm going to say, but in case there is a next time.

First sign of a red letter call company and say "I've had this letter, I don't know this person, they don't live here". Don't even tell them your name (especially if it is someone you share a surname with, I don't know if that applies to you). If you get another letter tell them again or return to sender.

If Bailiffs come out, show them passport/driving licence and a bill (mortgage/ rent type helpful to prove you are the owner/ resident). Ring up the courts and tell them that person doesn't live there.

Never give your own details because you don't want them to chase you and it's easier to say you don't know them when you don't share a surname. They don't need your details unless it's the Bailiff at your door and then only to prove you're not the person they're looking for.

twofishes · 05/07/2008 13:32

will try ringing them on Monday morning and explain and see what they say, then root out my ID and a bill in case they turn up anyway .
We do share a surname so I suppose that makes it more complicated
Thanks for all the advice will see what happens next week

OP posts:
Freckle · 05/07/2008 13:36

How would you know it's a red letter?? It is illegal to open post addressed to someone other than yourself, so, strictly speaking, you'd never know if a company was chasing a debt.

shirleyghostman · 05/07/2008 13:40

They cannot take anything from you as the debt is not in your name and do not let them in. they have no right to enforce entry anyway.

If they do leave ask for the contact number of the company who is chasing the debt and contact them on Monday and tell them that Mis X does not live here and that you do, please stop chasing this person. Also follow it up with a letter and that should end the matter.

shirleyghostman · 05/07/2008 13:41

Sorry the last sentence should start with If they do arrive.... (not leave)

TennantbellesMum · 05/07/2008 20:51

You can always tell when it's red, the envelope is often red and if it's not you can see the red through the window. Companies think nothing of you ringing up and saying "this red letter arrived, it's not for me, don't know the person it's for, but I thought I should let you know before I get Bailiffs knocking my door".

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