Bailiff threat for previous tenants

[Amk86]

Hi all - new here but was hoping someone may be able to give some advice!

I purchased a property last year and moved in last May (2013). Since then I have received a number of correspondances relating to an unpaid council tax bill for a previous tenant (the house was previously rented). Despite calling the company a number of times to tell them we were not the people they were after, my wife has also answered the door to a couple of people from the debt collection/bailiff firm calling after this unknown gentleman and told them that we do not know anythinig about him.

It has all culminated, however, in an unsealed letter being pushed through our door yesterday while we were at work stating that the bailiff would return at 6am this Saturday to collect possessions upto the value of the outstanding debt. To make matters worse they have also detailed my car on this note as though they intend to take that as payment! I called the mobile number provided immediately but my calls were not answered so telephoned the company directly (Newlyn's) to report this issue. They told me that they have noted this all down and will not pursue my property further however I am still worried as this is what I have told them in the past and nothing seems to change/they have continued sending letters and visiting.

Is there any further action I can take - I have spoken to Citizen's Advice and they weren't too sure - just said someone would get back to me in 48 hours but I wondered if there was some sort of harassment law covering this or invasion of privacy as I don't like the idea that they have been snooping round and detailing our property and potentially looking throuhgh windows when we're out. I have heard mention of Form 4 but was not sure if this would apply in this instance?

Many thanks in advance.

[bizzybob]

Re: Bailiff threat for previous tenants

Contact the council, and inform them of the date you moved in, and presumably your council tax is up to date and they have sent you the correct bill. Tell them that you are not responsible for any sums due prior to the date you moved in, nd that their agent Newlyn hasperformed an unlawful levy on your vehicle for the Liability Order against the previous occupier, so would they call Newlyn off.

[ploddertom]

Re: Bailiff threat for previous tenants

As this is for Council Tax it is the Council who have instigated this. I would contact them - you obviously pay CT on your own account - and get them to have the Liability Order returned. Make sure you they are aware the have "seized" your car and if it does disappear then you will hold the Council 100% liable for any costs this may incur.

When phoning the Council make sure you talk to someone in authority and not just the person who answers the phone - get their name & position.

[Amk86]

Re: Bailiff threat for previous tenants

Thanks for these suggestions. As it is not for council tax owed to my local council (Wealden) but to somewhere this chap used to live in London I believe, presumably I should call that council with the same details? This company have seemingly been chasing this guy around different addresses...

[ploddertom]

Re: Bailiff threat for previous tenants

Thanks for these suggestions. As it is not for council tax owed to my local council (Wealden) but to somewhere this chap used to live in London I believe, presumably I should call that council with the same details? Yes This company have seemingly been chasing this guy around different addresses... Oh what a shame they are having to look for him, provide them with details of who you are and tell him to on his bike - preferably without a saddle. It isn't your problem but it appears they are adamant they are just looking for someone they can coerce into paying up.

PTPT

[Amk86]

Re: Bailiff threat for previous tenants

Thanks ploddertom. I've told the other council (Ealing) about this and she seemed rather confused how they'd got my address but hopefully it's being sorted. Is there any other thing I can use to threaten Newlyn with as they just seem to come back each time no matter what's been previously said (I've proved to them a couple of times I'm not the person they're looking for) and I'm slightly worried they'll come knocking at 6am Saturday. I wasn't feeling sorry they'd been chasing different addresses - just frustrated that they can't do their investigations properly and instead continually pester us!

[wales01man]

Re: Bailiff threat for previous tenants

If they come Saturday morning spray them from an upstairs window when they are at the front door

[ploddertom]

Re: Bailiff threat for previous tenants

All you can do is email - you have a written trail then - telling them for the final time you are not the person they are seeking and will file a claim for harrasment against them if they persist, plus reiterate your stance on the car.

[enquirer]

Re: Bailiff threat for previous tenants

AmK86:

I have had this problem in spades.

Debt collectors are thugs who care nothing for the law. The councils that employ them are similarly contemptuous and will only back off when shown the big stick. Never believe a verbal promise that it's 'been sorted out'.

(1) Move your car elsewhere, and keep it away for at least 48 hours after (2) has impacted. The fact that they are not entitled to take it means nothing.

The police are unlikely to help you, even if the car is being stolen in front of them. That said, should anyone try to force entry into your home, or otherwise become threatening on the doorstep, dial 999.

(2) You have already telephoned. You must write follow up letters to both Newlyns and the Council concerned, repeating the content of your conversation, and stating that X is not resident at that address and that no property relating to him is to be found there.

If you want to go for the nuclear option, complete a Statutory Declaration and send that to both of them. There will be a small fee for this.

Send all correspondence Recorded Delivery - these people have a habit of losing inconvenient correspondence.

(3) Write a separate letter to Newlyns, headed Data Protection Act 1998, pointing out that their database is incorrect and that you have been receiving confidential correspondence intended for X - a third party unknown to yourself. Ask them to correct their database and to refrain from sending further letters.

If they ignore this, they will be nicely set up for a complaint to ICO.

[Amk86]

Re: Bailiff threat for previous tenants

Thanks Enquirer, I'll definitely leave the car elsewhere for the moment and certainly write those letters. Just out of interest (and as a complete newcomer to this!), what is a Statutory Declaration and who are the ICO? What powers do these have?

[enquirer]

Re: Bailiff threat for previous tenants

A Statutory Declaration (SD), is a formal statement made on Oath (at a solicitors or other Commissioner for Oaths), as to certain facts. In your case, that X doesn't live there, etcetera.

It has no power as such, but what is does is put the recipient on Notice as to certain facts. If they ignore the SD and you subsequently complain or litigate, they then look very bad indeed - a fact of which they quite well aware.

ICO is the Information Commissioner's Office (see their website). They deal with data protection issues. ICO is quite powerful - a letter from them tends to have a salutory effect.

I have found ICO to be very useful when dealing with DCA's looking for defaulters formerly resident at my house. You might care to brush up how to complain (you can do this online, if you wish), as you will probably be having more unwelcome visitors as the debt is sold on.

[bizzybob]

Re: Bailiff threat for previous tenants

As the debt is council tax it would be bailiffs again rather than a DCA, they are chasing a Liability order against the previous occupant, so a Stat Dec to keep handy for the future would be a good option, especially as some bailiffs clamp and tow within the hour

[bluebottle]

Re: Bailiff threat for previous tenants

Executing or attempting to execute a Liability Order against a person other than the person against whom the Liability Order has been granted is not only unlawful, but illegal also. Both the council to whom the Liability Order was granted and Newlyns could end up in front of a judge if they continue to enforce having been informed the person against the Liability Order was granted no longer resides at that address.

As Enquirer has alluded, just a letter from the ICO can have a salutory and, I would add, a very sobering effect. The ICO can fine offenders up to £500,000.