The bailiffs came round yesterday is there anything I can do?

[KeepingMum]

I came home from work yesterday with ds and dd at about 17.50. There was a note through the door saying that if I didn't phone 'Jon' by 18.00 he would start retrieval of goods and even gain entry in my absence to do so!
This is all because of 2 parking fines that someone incurred and had registered their car in our address. We have received numerous letters from the debt recovery company asking for the money and threatening bailif action. I have sent them all back saying that he doesn't and never has lived here, and phoned them on several occassions to ask them to stop sending them. It was an annoyance having to do this, but now I actually feel threatened, and that someone is going to break into my home. Are they allowed to do this when they have no proof other than an ancient car registration document to say that the man they are looking for lives here? People used to register their cars anywhere. (I think it has changed now so that you can't do this). Does any one know what rights they have (and us). I feel like calling the police to say that I feel threatened by this bloke now. How do I get them to believe that they are wasting their time pursuing this debt through our address. The parking fines were about £40 they are now looking for £600! (which they will never recover sending letters to my house). Interested to know what I can do to stop it all before I go home to an empty house (though they said they were retrieving televisions, satellites and DVD players noen of which we own!).

I don't know the legal side of this, but in your position, I would call the Police.

KeepingMum go straight to the fool website (www.fool.co.uk) click on discussion boards and post this exact same question on the Dealing with debt section. They have loads of expertise and will tell you exactly what these people can and cannot do.

Right, you need to call the bailiff and tell him that the person he has a warrant for does NOT live at your address and never has done. Ask for details of the judgement - I would expect that a court has found this person liable, i.e. entered judgement against them and it hasn't been paid, hence a warrant and the bailiffs. Now, and this is a PITA but I'd do it in your position, find out which company has instructed the bailiff. It'll be a finance company I expect. Call them and tell them the facts. Tell them the person doesn't live at your address and never has done. Ask them to check the electoral roll if they don't believe you. The bailiffs CANNOT enter your house in your absence to seize goods, however, they prob do have a warrant against this man and if HE lived there they may well have been able to. If you tell the bailiffs AND follow it up with the co that instructed him (I know you shouldn't have to but it prob is fastest route to getting him off your back) this prob should go away. He won't unless he is told to by the finance co/whoever instructed him. He really is just doing his job, horrible job though it may be!

saw on the beat the baliffs prog this week that they can't break into your home unless you've let them in before. I'd call the police right now about this.

It's a parking fine, hence it'll be a council who instructed the bailiff so there's more potential for embarrassment if they f* up and get someone's goods seized incorrectly, phone and speak to the most senior person you can get through to in their fine collections dept and make sure they know you are not happy about this and that they need to instruct the bailiffs to leave you alone pronto! You might also need to think about your credit file and checking this judgement doesn't appear on it as having anything to do with you. You can get this from Experian or CCN for £2.

Thanks for your advice, I have spoken to the finance company on a number of occasions and told them that he has never lived here. I spoke to the bailiff on the phone last night and told him the same thing. He sort of said he would tell them the same but I don't trust him - its his job to retrieve goods. I have just spoken to the police who said the only way I can get them to stop is to instruct a solicitor! So now I have to pay to get it stopped. He said I could probably get one through Citizens Adivce Bureau - am at work at the moment and a bit stressed, feeling like I should drive home and make sure I really did shut the bathroom window! Thanks anyway

We had this with British Gas (despite repeatedly telling them the man no longer livedcthere, and diligently paying our bills). I rang them, tore a strip off them , then rang the bailiff company tore a strip off them, and followed both calls up in writing. Never had a problem again.

No, you don't have to instruct a solicitor! Call the council and MAKE THEM instruct him to leave you alone! Make them put it in writing. Honestly, he cannot break in, he would be seizing goods from the wrong person. It is their problem to put right. You could threaten the council though with legal action, that might help.

I promise I know what I'm talking about, CAT me if you want me to call them for you (I know you don't know me! But I am home sick and if it would help, happy to take details from you and make the call, bet I can get them off your back but completely understand if you'd rather do it!)

We had this from a previous owner at our old house (although I don't think it was parking fines in his case). I called the council and they sorted it out.

It's very worrying, I know, but please follow WWW's advice.

HTH

Also worth a call to Trading Standards to let them know about this firm threatening to break into your house, despite being informed repeatedly that the person responsible for the fines doesn't live there. They are threatening to break the law, ie perform a criminal act.

Thanks again, calmed down a bit now, am just angry now. I went home and locked the bathroom window - ds had done a particularly smelly one this morning so it was a bit open! I have the letter and the debt recovery address. Found their website and got some names of owners, am in the middle of writing strong letter which will end with 'if I don't receive a satisfactory response within 7 days I will be instructing my solicitor'.Have also photoccopied my Council Tax bills from 1998 to date. The parking fine was 2003 so unless he was squatting (which I think we would have noticed in a two bed house) he can't have lived here. Don't feel I should have to justify my existence to these people but if it stops us being harrassed I will. Will also cc it to the council parking fines people.
Thanks again, hope you are feeling better soon www.

Hiya - I had this a few months ago. Unfortunately it was dp's debt but the bailiff was quite nasty. He said that if we didn't open the door to him by a certain time he would come back with the police and take all our stuff. I rang the police and they were brilliant. They had no record of any of their officers going to our address at all - he was basically lying so that we opened the door as once you open it they can then force entry.

Ring the local police and just make them aware of him. They will log it and then if you get any problems you can call them straight back and they will help you straight away.

Well done. Make sure you write to/fax/email the council too as only they can call the bailiffs off as they instructed them. And don't give them 7 days, say you need a response within 48 hours! That's what I'd do anyway.