Foolishly paid a bailiff but I wasn't the named debtor

[mrportland]

I've had Court Enforcement Services Ltd round to the house chasing up a SE Water in my son's name.


He hasn't lived at my address for about 25 years and the water supply account is for a completely different property altogether.

Due to stress, family bereavement and a whole heap of things going on, I wasn't thinking straight and forked out over £4000 thinking that my credit rating would be blotted on this address.

( we are trying to re-mortgage so we can house an elderly relative after losing her husband )

Shortly after, I came to my senses and realized I didn't have to do anything.

He doesn't live here . and more importantly . .it wasn't my name on the debt. ( and I was under the impression that Debt Collectors and/or Bailiffs are not allowed to discuss a debtors situation with anybody else unless authorised by the debtor )

I don't know if he was a Debt Collector or a Bailiff.
The only paperwork they left me was a payment receipt.

Can I get the money back that they shouldn't have been asking me for ???

[Snoopy1948]

Re: Foolishly paid a bailiff but I wasn't the named debtor

Hi there ..

You are right, you didn't have to do anything. There is absolutely no reason why a family member cannot clear an enforceable debt in someone else's name and it often happens, in fact bailiffs often use that phrase 'Can you make a telephone call to raise the money'?

It would be good to know if this was merely a collection agency of a certificated bailiff in attendance. If it were a bailiff and he led you to believe that you personally may suffer on this debt, then that is wrong and you may have grounds for appeal. Getting the money back is another matter though.

Have you spoken to your son and confirmed the level and reasons for the debt. £4000 for a water debt seems unusually high I have to say. Is your son on talking terms with you and can you negotiate repayment from him?

IF I were you, assuming you can identify the collection company, I would contact them , explain what you have done ( use the term 'duress' ) and you feel that they have acted inappropriately here as you were not the debtor and the debt bore no relation to either you or your address. IT would be interesting to see their response.

[ploddertom]

Re: Foolishly paid a bailiff but I wasn't the named debtor

At a guess the original CCJ will have been for about £1500, then transferred up through High Court. CES seem to have form for not providing a Notice of Enforcement & when attending adding 1st & 2nd Stage Enforcement + Sale Stage in the knowlege that few will question their figures. They will also argue you paid voluntarily making it difficult to get a refund without dragging it all through the Courts at extra expense.

I assume your son is in no position to reimburse you and it should be for him to now do all the chasing. At the very least you need a breakdown of what has been charged. I don't doubt CES will be evasive - Data Protection - but your son should really be doing this.