Reply With QuoteEmail them, copy in the local trading standards and if you can obtain the local neighbourhood policing team or safer neighbourhood team and provide your details and explain the situation. Just to cover yourself.
Regards
Ben
Moved in to a new place at the end of last year, and usual story - previous owner has an unpaid fine (in this instance a parking charge), I've been getting letters and visits (in my absence) from a bailiff looking to collect. I've spoken to the agency and in fairness they were quite content that he is no longer at the address. However they have said they'll keep sending letters and attending until they have proof in writing such as my council tax statement.
My question is - I'm clearly not legally obliged to give them this. I'm sure they'd give up eventually if I just left it. But in the interest of getting them to bugger off sooner rather than later, is there any risk with me handing over my details as the new owner of this address? I'm concerned I'll start getting the same letters but with my name at the top instead.
The "enforcement agency" in question is Equita, on the off-chance someone has specific experience. Google suggests they're a common one.
Email them, copy in the local trading standards and if you can obtain the local neighbourhood policing team or safer neighbourhood team and provide your details and explain the situation. Just to cover yourself.
Regards
Ben
Give these parasites FA! This is NOT your debt so why should you feel obliged to offer 'evidence' of identity to these cheeky *astards? You are not obliged to 'prove' anything to them. Just tell them again that this is not your debt and if they continue to send a bailiff/debt collector(s) round, you will take legal action against them for harassment!
This but bill them £50 for your time.Originally Posted by burnside
This too (wait a month or two, then use the Experian "free trial" to check your status). If there any issues, bill the responsible party £50 per letter/email for dealing with it.
Last edited by wajhart; 1st August 2015 at 12:03.
If you own the place, tell them to PO and do their due diligence correctly.
It's just a matter of time...
Thanks all. For the time being I will take Kav's approach and ignore them. But Ben I think that's a great suggestion to copy in Trading Standards if and when I do offer them something. LTF - have checked my rating on Noddle, the free one, and nothing there. Will try Experian or the other main one (forget the name) at some point to be sure, cheers.
It just makes the Bailiff Agency think twice about harassing you. All the best with it.
Regards
Ben
- - - Updated - - -
It just makes the Bailiff Agency think twice about harassing you. All the best with it.
Regards
Ben
With regards to the address being black listed I believe there was legislation passed a few years back stopping this course of action. I don't have details exactly but a quick Google should confirm this is the case. Threaten them with harassment and you'll soon see the back of them.
FYI, they are not bailiffs. They are debt collectors. Simple.
They have no legal right to intimidate you or force you into handing out any information. Tell them that and they ought to stop, legally.
They will demand to see any form of ID, or headed utility letter for you to confirm that you are not the person they're after....
Show them nothing, it's up to them to establish who owes the debt, it's not your job to help them.....they use threats and try and throw their weight about....in reality they have no power to demand anything..
I though this was an urban myth (under current legislation) as credit ratings relate to people?
edit:
http://www.experian.co.uk/consumer/c...dit-myths.htmlMyth 1: Previous occupants of your address affect your credit rating
It makes no difference if the previous occupant of your home was a millionaire or bankrupt. You will not find their name on your credit report unless you share a financial connection with them, such as a joint account. Lenders are only interested in your financial details, plus those of anyone you're financially linked to. They do like to see stability, though, so they will want to know your previous addresses.
As for the debt collection agency (don't include a telephone number - always in writing):
Dear Sir/Madam
Account No:
You have contacted me regarding the account with the above reference number, which you claim is owed by PERSON.
I would point out that I have no knowledge of any such debt being owed to COMPANY and no association with PERSON.
I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.
"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3
"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1
"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3
In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.
I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.
I look forward to hearing from you.
Yours faithfully
Last edited by Alansmithee; 1st August 2015 at 21:00.
We had this a few years back. The previous owners of our house must have gotten themselves in debt and we received a few letters and one visit. I wasn't at home during the visit but the wife made it clear that the person they were looking for was no longer at the property.
We received a few letters and always returned to sender stating "no longer at this address". After a few more that we returned we received a letter addressed to "the homeowner". It basically said that they felt the previous owner was still at the address and they didn't believe whoever was returning the mail. I called them up and this tit on the other end of the phone stated that I would need to send him copies of documents to prove what I was saying. Told him to **ck off. I tried to get the letters to the previous owner but they never returned my calls and wouldn't provide a forwarding address.
We haven't had any more visits but still get the odd letter (I think the last one was about a year ago). I did send a few more back "return to sender" but after 9 years I can't be bothered so they'd go in the bin now.
Last edited by GMC41; 1st August 2015 at 21:54.
Thanks all once again. Seems the law is very much on my side with this should it become protracted. That's a useful template Alan. I'm confident they'll bugger off fairly soon but I know what to do now should that not be the case.
Why wait? Put the ball in their court: with the above template they have to put in writing that the matter is closed. cost is an envelope and a stamp, why take the chance that next time they'll have a debt collector ringing in when your partner is alone, and risk she (or someone else at your place) feels intimidate/upset/screaming furious when that letter would allow you an immediate complaint should they do that?
Procrastination has its virtues, but sometimes you just have to deal with the issue there and then
This^ kill the matter off now and any correspondence send 1st class recorded.
The other reason to send is it - as far as I can tell from your post, you have dealt with them on the phone? Never speak to them on the phone, always in writing.
I would be inclined to contact the CAB as they will be able to advise and possibly act on your behalf, but a few points to raise about this.
Equita are a bailiff company owned by Capita. Capita outsource a lot of work from local authorities and councils. (They are not acting as a debt collection or purchasing agency).
Some form of court judgment will have been made against the previous occupant and they will have a warrant to collect.
They are told everyday that the person no longer lives at the address, and are well known for using whatever tactics they can (both legal and otherwise) to collect. Depending on specific circumstances this may include entering the property, so it's in your interest to prove you are not the debtor.
On that basis I would write to them advising you are the new occupant and are not associated with the debtor. If you're on the electoral register they can easily check this. If your local council is working with Capita (which they probably are if Equita are involved) they will also be able to verify this via Council Tax records. If they attend your property again, ask to see their formal ID and show them a utility bill.
They cannot impact your credit rating, that is specific to the debtor and is in no way associated by address. Also, parking fines are not linked to credit ratings unless they are for private parking where the creditor has taken action in the County Court.
Last edited by bonzo697; 2nd August 2015 at 13:09.
Where's Soundood when you need legal advice?
Sunday morning?, still drunk I guess!!!!!
Do we know if they have a letter box? His advice is useless if they don't...
'Against stupidity, the gods themselves struggle in vain' - Schiller.
Open window?
OK thanks Bonzo. So they are in fact a bailiff and not 'just' a debt collector. The council in question isn't the one in which I reside, but they are working with Equita and the envelopes are marked Capita.
I will look to resolve this ASAP and I appreciate everyone advising me to do so.
I purchased my house in Jan 12 and I'm still getting letters from debt collection companies. Generally they are responsive if you e-mail them explaining that the debtee (is that a word? it should be) doesn't live there. Once thing is for certain, unless you do something about it, they will not go away.
I purchased my house in 2004 and I'm still getting the odd debt collection letter delivered addressed to the previous occupants, I'm sure when the collection company has no joy the 'debt' just gets sold to another. They all just go in the bin now, life's too short.
At that stage you are getting letters off bottom-feeders because unless they have managed to have any contract with the debtor in the last six years the debt is completely unenforceable.
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