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Bailiffs with the wrong address

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  • Bailiffs with the wrong address

    Hi folks, hoping you can advise on what to do. When I got home from work earlier this evening, I found on the doormat an unsealed envelope marked "delivered by hand on 16/10/13", addressed to a name I don't recognise (not me or anyone else who lives here) but with our address & postcode. Inside was a letter from Collectica Enforcement Services, saying:
    NOTICE OF INTENTION TO ENTER & SEARCH YOUR PREMISES - REMOVAL NOTICE

    Due to your failure to pay an outstanding Magistrates Court Fine a Bailiff, under the instructions of Her Majesty's Courts and Tribunals Service has attended your premises today with the intention on levying distress and removing your goods.

    The Magistrates Distress Warrant empowers the Bailiff from Collectica, by virtue of Schedule 4A of the Domestic Violence, Crime and Victims Act 2004, to enter your premises by force should you willfuly refuse to pay the outstanding fine and costs.

    To prevent the removal of you goods and the expensive additional removal costs you must make immediate payment to the Bailiff. Failure to do so will result in the Bailiff re-attending your premises with Locksmiths and the Police to remove your goods even in your absence.

    No further notice will be issued.
    The only contact information is a PO Box in Doncaster, and the only other information on the letter is the amount of the fine, a reference number, & a bailiff name & number (all hand-written in pen, with the name not very legible.)

    (By way of background, my parents own the house, and have lived here for approx 30 years (so no chance of it being for a previous resident), but they're away at the moment & I'm out at work during the day.)

    Thinking there might be something dodgy going on, I called the police on 101, who advised to call Action Faud to report it as someone fraudulently using our address, which I have done & have a reference number from them. Both made the perfectly reasonable point that we're not liable for a fine that a complete stranger has failed to pay, but I'm at a loss as to what else to do.

    Do I ring Collectica and try to sort out their mistake? Write to them saying "Go away, we don't know who he is or where he lives but he doesn't live here, and have reported the matter to Action Fraud with reference number x"? (Not wording it like that, obviously, but on that theme.) And any ideas on how likely they are to show up with their threatened locksmiths while I'm out at work?
    Tags: None

  • #2
    Re: Bailiffs with the wrong address

    Update: So, this morning I've phoned Collectica, and their office said to call the bailiff direct (a mobile phone number) so I've told them that the guy they're looking for doesn't live here & we don't know who he is. I've also called the magistrates' court fines office to tell them the same. Next, I'm going to send a letter to Collectica saying the same,

    Comment


    • #3
      Re: Bailiffs with the wrong address

      They are likely to turn up as they do hear "he doesn't live here" all the time. The Bailiff is acting on instructions provided by the Court. It should be a simple case of proving who you are. Follow your call to the magistrates office with a letter.

      Comment


      • #4
        Re: Bailiffs with the wrong address

        Originally posted by ploddertom View Post
        They are likely to turn up as they do hear "he doesn't live here" all the time.
        Can the oaf not check the Electoral Roll?

        Comment


        • #5
          Re: Bailiffs with the wrong address

          As the bailiff is acting for the court why when they court has been told its the wrong person at the wrong address do they not check themselves and call off the bailiffs why should an innocent party have to have all the bother

          Comment


          • #6
            Re: Bailiffs with the wrong address

            Originally posted by CleverClogs View Post
            Can the oaf not check the Electoral Roll?
            They do, but many people who want to keep a low profile, mostly those who are "harassed" by bailiffs for the right reason, do not bother to register for voting....also, it's a well know fact that those who owe money will avoid appearing on Council Tax bills if they can help it.
            The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

            A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

            A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



            It's a dirty job, but someone got to do it!

            My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

            Comment


            • #7
              Re: Bailiffs with the wrong address

              Originally posted by worriedinlondon View Post
              Hi folks, hoping you can advise on what to do. When I got home from work earlier this evening, I found on the doormat an unsealed envelope marked "delivered by hand on 16/10/13", addressed to a name I don't recognise (not me or anyone else who lives here) but with our address & postcode. Inside was a letter from Collectica Enforcement Services, saying:

              The only contact information is a PO Box in Doncaster, and the only other information on the letter is the amount of the fine, a reference number, & a bailiff name & number (all hand-written in pen, with the name not very legible.)

              (By way of background, my parents own the house, and have lived here for approx 30 years (so no chance of it being for a previous resident), but they're away at the moment & I'm out at work during the day.)

              Thinking there might be something dodgy going on, I called the police on 101, who advised to call Action Faud to report it as someone fraudulently using our address, which I have done & have a reference number from them. Both made the perfectly reasonable point that we're not liable for a fine that a complete stranger has failed to pay, but I'm at a loss as to what else to do.

              Do I ring Collectica and try to sort out their mistake? Write to them saying "Go away, we don't know who he is or where he lives but he doesn't live here, and have reported the matter to Action Fraud with reference number x"? (Not wording it like that, obviously, but on that theme.) And any ideas on how likely they are to show up with their threatened locksmiths while I'm out at work?
              Let's look at your entry in reverse order.

              They will not turn up with a locksmith until they are given the go ahead by the Court to do so, and befor the Court does they will ask if residence is confirmed.

              Well done for calling the Plice, you should mention the incident number when you write to Collectica.

              If I were in your shoes I would called the bailiff on his mobile number and agree a time when he/she can meet you at your home and you can show them a photo ID, that's because as Ploddertom said, bailiffs get phone calls all the time saying he/she (the wanted person) does not live here.....if bailiffs believed that they would not get any money from no one.
              The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

              A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

              A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



              It's a dirty job, but someone got to do it!

              My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

              Comment


              • #8
                Re: Bailiffs with the wrong address

                Have an urgent question for the Bailiff experts
                Must the Notice of Eviction form EXE 54 be sealed by the Court

                Sparkie

                Comment


                • #9
                  Re: Bailiffs with the wrong address

                  Originally posted by wales01man View Post
                  As the bailiff is acting for the court why when they court has been told its the wrong person at the wrong address do they not check themselves and call off the bailiffs why should an innocent party have to have all the bother
                  For the same reason that Courts do not have their own Warrant Officers any more, lack of resourses and cuts in funding....besides, the Courts would not know that the defaulters have given the wrong address or that they have moved on until a bailiff turns up...do you think fine/tax evaders would tell the Court if they are moving?
                  The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                  A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                  A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



                  It's a dirty job, but someone got to do it!

                  My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

                  Comment


                  • #10
                    Re: Bailiffs with the wrong address

                    Originally posted by Sparkie1723 View Post
                    Have an urgent question for the Bailiff experts
                    Must the Notice of Eviction form EXE 54 be sealed by the Court

                    Sparkie
                    Should do, it's the Court decree that an authorised person (bailiff or Housing Officer) can turn up at any reasonable time and change the locks.
                    The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                    A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                    A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



                    It's a dirty job, but someone got to do it!

                    My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

                    Comment


                    • #11
                      Re: Bailiffs with the wrong address

                      The fact that the person who answers the door can prove who they are, does not prove that the person the bailiff is after doesn't live there. Proving a negative is very difficult.

                      Check with the court that the fine really exists, and that a bailiff has actually been instructed. Then make a Satutory Declaration to the effect that the person concerned does not live there. Send via Recorded Delivery to the court and to Collectica.

                      Involving the Police was a good move - keep the reference and a copy of the SD to hand. If Collectica turn up and there's a confrontation, you will need them when you call the Police.

                      Comment


                      • #12
                        Re: Bailiffs with the wrong address

                        Originally posted by Sir Vere Brayne d'Emmidge View Post
                        Should do, it's the Court decree that an authorised person (bailiff or Housing Officer) can turn up at any reasonable time and change the locks.
                        Not quite the confirmation I need ......THe EXE 54 is the notice pushed through our letter box that a Bailliff will attend to evict the person on a given day given date and time to enforce the Eviction Warrant that has been obtained.
                        Sparkie

                        Comment


                        • #13
                          Re: Bailiffs with the wrong address

                          Thanks all.

                          My concern is that they're going to be quite used to people trying to evade them by saying "nope, doesn't live here", and the difficulty of proving that. (Incidentally, anything they'd sent by post to him at our address would have been returned marked "not known at this address" or similar - shouldn't the normal practice be for them to follow that with something addressed to "The occupier"?)

                          So far, as well as reporting it to the police, I've phoned the court, Collectica's office, and the bailiff (on his mobile) and told all of them that the guy they're after doesn't live here & that we have no idea who he is. I've written to Collectica (recorded delivery) saying that: a) the only people who live here are me & my parents, with copies of the council tax bill (in parents' names) & my driving licence as proof of that; b) that we don't know who the man they're after is nor how to contact him; and c) that I've reported the use of our address to the police via Action Fraud, with the reference number.

                          Doe you reckon there's anything else to be done immediately, or is it just best to wait?

                          Comment


                          • #14
                            Re: Bailiffs with the wrong address

                            Originally posted by worriedinlondon View Post
                            Doe you reckon there's anything else to be done immediately, or is it just best to wait?
                            Get the cauldron of boiling oil ready to pour through the machicolations? (link)

                            Comment


                            • #15
                              Re: Bailiffs with the wrong address

                              CC you beat me to it I was thinking baseball bat!

                              Comment

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