ChatterBank1 min ago
Can a DCA instruct Bailiffs without proof of ID or CCJ?
We bought our house at auction -a repossession and the previous owner racked up huge debts. Over the last couple of years I've had letter after letter from DCA's and have always rung them and informed them the person no longer lives here. Now I've had a letter from Mackenzie Hall addressed to the previous owner threatening to send the Bailiffs in if this debt is not paid -this debt is for £3000. I rang them to tell them this person does not live here but got the distinct impression they did not believe a word I said. Can they send a Bailiff around even though I've informed the DCA the person does not live here, and have had no correspondence relating to a CCJ? Please don't bother criticising me for opening letters not addressed to me - I knew the situation re debts before we moved in and needed to know that this address would not be on any debtors register - I don't do credit. Should I send Mackensie Hall a standard letter stating this person does not live at this address -or just ignore all further letters -its not my debt not my problem??
Answers
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Surely,
14:41 Thu 15th Nov 2012
Yes of course I could do that - but this is our business address as well, and it would not look good on us having Bailiffs turning up would it? My question was can bailiffs 'just turn up' I was led to believe they had to be instructed by a County Court or Government Agency? Also -if I have informed the DCA that the person does not live here -what Laws are in place, if any, to prevent further harassment? thanks.
As jackthehat says just let them turn up at your door and tell them the person they want no longer lives there. If they still don't believe you show them some of your utility bills. We had this happen to us and I just used to put the letters back in the post with no longer at this address written on them, that way it never cost me to send them back and if that didn't work then just let them come to the house as it will be their time they are wasting. Another thing do not let them into the house though, make them wait outside.
It may have helped if you had said that at first. I have basically said what everyone else is telling you to do. Let them turn up and show them the proof. Yes they can just turn up but it doesn't mean they are just going to just start taking your possessions! If they know what they are doing and if your business allows members of the public in, then they will take you aside and speak to you quietly. They will not enter your business announcing they are bailiffs.
Surely,assuming this is an ordinary civil debt , a Debt Collection Agency needs an unsatisfied judgment from a County Court or the High Court before bailiffs get involved.
Write, by recorded delivery and giving their reference number, to them stating 1) if they have a judgment it cannot be against you and you are not, in any event, liable for any such alleged debt 2) enclosing a council tax bill or utility bill to show that you are the current occupant and, ideally, a document; copy of the tenancy agreement or lease, or letter from the solicitor or conveyancer relating to your purchase of the property, as appropriate; to show your status in relation to it 3)say that you have no knowledge of the supposed debtor nor has that person left any chattel or thing of theirs in the property. 4)Demand that they reply in confirmation that your address has been removed from their records and those of any other agency to which it may have been submitted. Keep a copy of the letter.
Don't ignore them. They have your address as that of a debtor, which may prove inconvenient to you if you ever do need credit or a credit card etc
Write, by recorded delivery and giving their reference number, to them stating 1) if they have a judgment it cannot be against you and you are not, in any event, liable for any such alleged debt 2) enclosing a council tax bill or utility bill to show that you are the current occupant and, ideally, a document; copy of the tenancy agreement or lease, or letter from the solicitor or conveyancer relating to your purchase of the property, as appropriate; to show your status in relation to it 3)say that you have no knowledge of the supposed debtor nor has that person left any chattel or thing of theirs in the property. 4)Demand that they reply in confirmation that your address has been removed from their records and those of any other agency to which it may have been submitted. Keep a copy of the letter.
Don't ignore them. They have your address as that of a debtor, which may prove inconvenient to you if you ever do need credit or a credit card etc
A bailiff can only be instructed to collect for the following debts ;
council tax arrears
business rates arrears
county court orders (CCJs)
High Court orders (judgments)
child support arrears
parking/road traffic penalties
fines in a criminal case
income tax arrears
VAT debts
rent arrears.
You say you have been contacted by a DCA therefore this Company, to instruct Bailiffs, would have had to apply and been successful in a CCJ in their favour, which is highly unlikely as a) they have more than likely bought this debt or b) you would have had Court Papers sent to your address which you may have done but have not stated this in your post.
You have no legal obligation to enter into any dialogue with any unsolicited persons who come to your door (with the exception of Police officers) and in effect can demand they go away. You have no obligation under the Law to prove who you are or are not to a debt collector. They have to prove your identity and they have to prove you actually owe the debt. Most of these DCA's work on the fear factor and rarely chase anyone they are not 100% sure they can get payment from.
council tax arrears
business rates arrears
county court orders (CCJs)
High Court orders (judgments)
child support arrears
parking/road traffic penalties
fines in a criminal case
income tax arrears
VAT debts
rent arrears.
You say you have been contacted by a DCA therefore this Company, to instruct Bailiffs, would have had to apply and been successful in a CCJ in their favour, which is highly unlikely as a) they have more than likely bought this debt or b) you would have had Court Papers sent to your address which you may have done but have not stated this in your post.
You have no legal obligation to enter into any dialogue with any unsolicited persons who come to your door (with the exception of Police officers) and in effect can demand they go away. You have no obligation under the Law to prove who you are or are not to a debt collector. They have to prove your identity and they have to prove you actually owe the debt. Most of these DCA's work on the fear factor and rarely chase anyone they are not 100% sure they can get payment from.
@jane Doe -no CCJ papers have ever come here -if they had I would have just forwarded them to our Solicitor. I'm going to take Freds advice and send them a letter, recorded delivery , demanding they disassociate the person from this address, and giving them my solicitors details if they wish to verify my identity -I will not give them any form of ID in the letter,why should I? hopefully this will be the last of it -thank you for all your replies
Mackenzie Hall are just another debt collection agency, they will have bought the debt. The problem is that I know from experience that if they can not collect any money from you they will just sell on the debt to another agency and it will all start again. You need to send a registered letter with proof that the person they want has no longer any connection with your address and demand that they no longer contact you over it and that they do not pass the debt on to another agency. Insist that they do this in writing.
You certainly need to send them a recorded delivery letter. It might help to include in it a statement of when you bought the property, although it's not impossible that this person took out the debt with your address after they had actually left.
Bailiffs can't come without a CCJ for the type of debt this seems to be, but occasionally debt collectors are sent & they can pretend (illegally) to be bailiffs. Whoever comes, do not let them into the property - simply explain the situation & tell them to leave.
Harrassment law might help you, but it can be somewhat hit & miss for this sort of situation.
You could look online at the OFT Debt Collection Guidance, which is issued to all debt collectors & lenders. You may well find something in it you can quote to try & help get them off your back.
Bailiffs can't come without a CCJ for the type of debt this seems to be, but occasionally debt collectors are sent & they can pretend (illegally) to be bailiffs. Whoever comes, do not let them into the property - simply explain the situation & tell them to leave.
Harrassment law might help you, but it can be somewhat hit & miss for this sort of situation.
You could look online at the OFT Debt Collection Guidance, which is issued to all debt collectors & lenders. You may well find something in it you can quote to try & help get them off your back.
As ever Fred’s advice is excellent and should be followed. When writing and explaining you are not the person they are seeking you may like to say “I shall consider any further correspondence from you or the selling of this alleged debt to others to reflect your intention to pursue a course of conduct amounting to harassment of another which could cause mental anguish, alarm and distress and as trying to coerce me/us into making a payment contrary to the Administration of Justice Act 1979 and the Protection of Harassment act 1997”.
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