Bailiffs

[Velvetee]

I've been awake since 7am, after a Bailiff came to the house looking for "Mr Butt". I told him I thought the name was made up and said we'd been living here for 3 years, so why didn't his company check the Electoral Roll.

He said we had to prove we were the current occupiers, by posting a copy of our Council Tax Bill to his office. I found this very irritating, as why should we have to prove anything, it's almost like helping them to do their job.

He said we will continue to get visits and letters if this is not done. Surely it's not mine or my partner's responsibility to prove Mr Butt doesn't live here?

[factor-fiction]

Whilst it shouldn't be your responsibility I'd be tempted to post off what they want, then hopefully the matter should end.

[Barquentine]

Report them to your local police immediately for intimidation. The underlying legal principle is 'he who asserts must prove'. If they are asserting Mr Butt lives there they must prove it. Give Mr Butt's full name if you have it & I'll check the electoral register online (no guarantee he'll be on the edited version though).

[paraffin]

Hi Velvetee:

First of all, unless he has a County Court warrant, which he must present to you and allow you to read, he has absolutely no right of entry. You are not compelled to enter into conversation or explanation with him, other than to tell him whether or not the person he's looking for lives there.

You are not obliged to send them the electoral roll or to communicate with his office. I'm not teaching you to suck eggs but given the fact that it was so early (a fav time for them), I don't suppose you got his name? If anyone comes back, try to do that.

I'd either ignore it, or, if you feel the need to write to their office (assuming he left the details?) stating quite categorically that so and so doesn't live there and that you will be seeking legal advice should they keep pestering you.

It's also a good idea now to make a written note of what's happened for future reference.

Good luck.

[themas]

To correct paraffin's post, bailiffs do not have a right of entry with a County Court warrant. The County Court deals with civil matters and the law is that bailiffs cannot force entry when they come to the property. If they are allowed in or can get in through an open or unlocked door or window then they can "distrain" on goods owned by the debtor. However, once they have been in, they can come in by force on subsequent visits if necessary.

The situation is different with criminal matters (such as Magistrates Court fines). With these, the bailiffs do have a right of entry.

[dot.haukes]

There was a Mr Butt at my primary school in the 1960s and so it is a real surname. He had a bubble car actually.

[Velvetee]

Thanks everyone. Before my Partner purchased the house 3 years ago, it was let by the Landlord to the Local Authority, then it laid empty for a while, so lots of people used the address as a place to fraudulently apply for loans, creditcards and gave it for parking offences. So far we have received letters from debt Collectors for about 6 different people.

We have no intention of sending our Council Tax bill to these Bailiffs. They have access to the Electoral Roll like everyone else and it's an inconvenience to do all this rubbish. As some of you have said it should be their responsibility to find out Mr Butt's whereabouts, if he does indeed exist and not our's to prove he does not live here.

[Postdog]

No help I know, but I once had a running argument with baliffs who wouldn't accept I wasn't who they were after. They wouldn't go away so I called the police. When they came, balliffs argued that I was probably trying it on by denying who I was and they were merely trying to recover debts. Had to laugh in the end, as the pillocks had got the wrong address in the first place.

[Velvetee]

You would think with the wealth of information available on the nation, they would easily be able to locate people.