JBW - Person not living at address they seek

[juiceof2limes]

Hi

We had a friend stay with us for around a month back in 2008 before she emigrated back to Australia. She was living in her own property before hand, paying council tax.

Today we have just received a immediate payment notice from jbw for £335.59 addressed to the person who briefly stayed with us. The notice also says they have been in touch previously. This is actually the first time we have received anything in relation to this person and the debt.

I am not sure how jbw got hold of my address as the council themselves do not even know, as the debt is on another property.

Anyway, I am in the process of emailing jbw not that I expect them to reply or listen. The council says they will make a note that they are not to bother me.

But realistically where do we stand we this? Can they still chase for repayment even though she no longer lives in this country? Can they still gain entry and take items or clamp our cars? As I said we have nothing to do with her since 2008.

Thanks in advance for advice.

Martin

[bluebottle]

Re: JBW - Person not living at address they seek

Hi and welcome to Legal Beagles.

Bailiffs contracted by a local authority can only pursue the person whose name appears on a Council Tax Liability Order and seize their goods. They are not permitted to seize goods belonging to a third party.

The local authority involved appear to be acting responsibly by saying their will tell JBW not to bother you. However, JBW being JBW, there is an outside chance they will stick their fingers in their ears and sing "La, la, la. We're not listening."

Which local authority is involved, please?

[bizzybob]

Re: JBW - Person not living at address they seek

Itmay be worth swearing a Statutory Declaration that the named person is not resident in the UK, and all goods and chattels in the properrty are yours, send to the grasping Mr Waller, and the council if JBW then come back and start yawping and bawling and clamping cars you can call the police to arrest them for trespass and unlawful interference with goods and attempted theft motor vehicle.

[enquirer]

Re: JBW - Person not living at address they seek

As JBW (and whoever gets hold of the debt after them), are liable to ignore the law, the £10 or so spent on a Statutory Declaration would be money well spent.

Make sure to send a copy to the Council concerned.

[bizzybob]

Re: JBW - Person not living at address they seek

As JBW (and whoever gets hold of the debt after them), are liable to ignore the law, the £10 or so spent on a Statutory Declaration would be money well spent.

Make sure to send a copy to the Council concerned.

Seems to be best option, and if Waller's Wallies decide to ignore a stat dec, bluebottles ex colleagues can feel their collars.

[bluebottle]

Re: JBW - Person not living at address they seek

I agree with Enquirer's suggestion of A Statutory Declaration to protect the OP's goods. However, the OP should not have to do this or go to the expense of swearing an SD. The local authority has a duty, in law, to ensure that their contracted enforcement agent only pursues the person whose name is on the Liability Order and no other.

If the OP could advise which local authority is involved, this would help.

[wales01man]

Re: JBW - Person not living at address they seek

Have to agree with Bluebottle the council are liable for the actions of their bailiffs,if they are informed that the person is out of the country that's the end of it ?

Its the council who are at fault and why should anyone have to pat a tenner to tell the council anything?

[bluebottle]

Re: JBW - Person not living at address they seek

Have to agree with Bluebottle the council are liable for the actions of their bailiffs,if they are informed that the person is out of the country that's the end of it ?

Its the council who are at fault and why should anyone have to pat a tenner to tell the council anything?

A notice under Section 35, Data Protection Act 1998 should be sufficient and saves you a tenner. Well, it may cost you a postage stamp, perhaps.

[CleverClogs]

Re: JBW - Person not living at address they seek

A notice under Section 35, Data Protection Act 1998 should be sufficient and saves you a tenner. Well, it may cost you a postage stamp, perhaps.

Eh? This link is to s.35 - and there's no mention of a notice that one can serve.

Section 10 - link - does allow for notices to stop processing data, but one might doubt how useful it would be here.

[juiceof2limes]

Re: JBW - Person not living at address they seek

Hi all

Thanks very much for your helpful and informative replies.

The council involved are Croydon Council. I have to take their word that they have made a note on my address that it is not to be visited.

I have also sent an email to JBW last night and they have acknowledged it and assigned it to an account. I know it means nothing but guess I need to wait and see what their reply is when/if they reply.

Martin

[bluebottle]

Re: JBW - Person not living at address they seek

Eh? This link is to s.35 - and there's no mention of a notice that one can serve.

Section 10 - link - does allow for notices to stop processing data, but one might doubt how useful it would be here.

You are correct , Cloggy.

An MBE-type franchise owner once asked me to provide them with a notice to disclose a mailbox user's name and address so that a summons could be served on the mailbox user for breaching consumer protection law. I drafted a suitably-worded notice, citing Section 35(2), Data Protection Act 1998, served it on the franchise owner, who duly provided me with the details I required and enabled me to serve a summons on the mailbox user. Yes, it was a pain, but the mailbox user's solicitors threatened the franchise owner with The Kraken, etc., for disclosing their scabby client's name and address. The franchise owner sent a photocopy of the notice I had provided them with to the mailbox user's solicitors, who should have known better, and never heard another peep out of them or their scabby client.

[bluebottle]

Re: JBW - Person not living at address they seek

Hi all

Thanks very much for your helpful and informative replies.

The council involved are Croydon Council. I have to take their word that they have made a note on my address that it is not to be visited.

I have also sent an email to JBW last night and they have acknowledged it and assigned it to an account. I know it means nothing but guess I need to wait and see what their reply is when/if they reply.

Martin

That sounds a bit iffy, given JBW's track record. Let us know if JBW turn up for their audition for The Muppet Show.

[CleverClogs]

Re: JBW - Person not living at address they seek

If the OP's motor cars are securely locked away in a garage, won't Jamie's Brainless W*nkers just clamp a neighbour's motor car?

[bluebottle]

Re: JBW - Person not living at address they seek

If the OP's motor cars are securely locked away in a garage, won't Jamie's Brainless W*nkers just clamp a neighbour's motor car?

I would put nothing past Waller's brainless employees. If Croydon Council are true to their word, then the OP should not be bothered by JBW. However, you never know what brainless stunt their bailiffs are going to try next.