Removal Notice for Ex Tenant

[Hougenie]

Hi,

New to these forums and the whole world of debt collection.
My partner and I have been leasing a flat since August this year and are up to date with bills, however, on returning from a week away there is a bailiff letter in the flat (Newlyn plc) addressed to the previous tenant saying that he is owe £463.02 for council tax and that they can come in and remove goods of up to that value!!
Now, this is not my debt but they are still pestering this address.
I have tried to call them, but no answer (its Sunday), also the letting agency are closed and the police state this is a civil court issue therefore nothing they can do.

Can anyone shed any light on whats best to do?
My partner and I are both working tomorrow and are a bit worried about these people taking our stuff when its not our debt.

Thanks.

[ploddertom]

Re: Removal Notice for Ex Tenant

Contact the Council in the morning, I assume you are paying your own Council Tax account. You may need to submit a copy of TA.

[bluebottle]

Re: Removal Notice for Ex Tenant

As per usual, the police displaying their lack of training in bailiff law. CT is dealt with in the magistrates court, not the civil courts.

[enquirer]

Re: Removal Notice for Ex Tenant

This is also a subject of some interest to me.

What can one do if a bailiff turns up, gains entry and begins to remove A's goods in payment of B's debt? Particularly if the bailiff is told at the time that he is taking the wrong goods?

[bluebottle]

Re: Removal Notice for Ex Tenant

Under the circumstances you describe, Enquirer, the bailiff would be committing Burglary. The best course of action is not to allow the bailiff entry. If the bailiff kicks off, by all means call the police, but tell them there is a person outside your home, claiming to be a bailiff and causing a disturbance. If the OP can contact Newlyns tomorrow and succeeds in penetrating their thick skulls, they need to be told they have no right to attend or attempt to remove goods from their home. The local council also need to be contacted and asked to tell Newlyns to back off as, under the circumstances, the LO is potentially invalid at that address due to it being against the previous tenant, not the OP.

[Hougenie]

Re: Removal Notice for Ex Tenant

Thanks for the replies.
I did ask the police that in this case if I was at work and they came into the flat and removed my property would this be theft and they said no as it was a civil problem (obv wrong). I should have then asked in that case if I was a maniac assaulted the bailiff then would I also get off with this!
Anyway I will be phoning newlyns tomorrow, as well as the council and letting agency.
To be honest I am pretty angry with the letting agency as I had to pay a lot of money for credit checks etc before moving in and they cant even inform all the correct bodies that there is a new tenant in place! Another example of what is becoming half baked Britain. I will post back with the outcome so I can hopefully help others.

[Hougenie]

Re: Removal Notice for Ex Tenant

Also yes I am currently paying council tax on this property so I dont see how this mix up has happened.....its not rocket science.