Chukar Posted June 21, 2012 Report Share Posted June 21, 2012 I received a bailiff letter last night regarding unpaid council tax. They said they came to take my possessions for public auction and they will return again. It’s mentioned that if I failed to pay they will come again and they’ll take my possessions even in my absence. I'm a tenant in a ground floor of a two floors house. I noticed the recipient is the top floor tenant. So literally this is not for me (I’m paying the council tax through direct debit and there is no unpaid one). Here are my questions: 1-Should I contact the bailiff guy and let him know that I’m not the intended recipient or it’s better to just drop the letter in top floor letter box and ignore the guy? 2-Do they really have the authority to enter a property in my absence? Thanks guys for any advice. Quote Link to comment Share on other sites More sharing options...
storme37 Posted June 21, 2012 Report Share Posted June 21, 2012 tell the balif its not you and no dept is owed from you and any dept will be disputed in court they will move on Quote Link to comment Share on other sites More sharing options...
swiss.tony Posted June 21, 2012 Report Share Posted June 21, 2012 just ring them and explain there not monsters Quote Link to comment Share on other sites More sharing options...
al4x Posted June 21, 2012 Report Share Posted June 21, 2012 just post it through the correct door assuming it had the right address and contact name on it, If it has your name and address on then its different but they cannot enter your flat to take goods to pay for another flat in the same building Quote Link to comment Share on other sites More sharing options...
stevo_m Posted June 21, 2012 Report Share Posted June 21, 2012 They have no authority to break into your house if that is what you are worried about. However if you open the door they will position their foot in the gap so you can't close it, this is how they can legally gain access. If it's not you and you can prove it then call them to discuss, once it has got to the bailiff stage they are who you need to deal with. You must have had letters prior to this though from the council, why did you not question it then? Prove you have paid and are up to date and walk away. Steve Quote Link to comment Share on other sites More sharing options...
Kes Posted June 21, 2012 Report Share Posted June 21, 2012 I would ring the bailiffs and advise that if they attempt to take your property, it will be theft, and you will call the police, as you are not the correct recipient of the letter. I would then ask for an apology. Ring the Council and tell them that their agents will give them a bad name and why - get them to call off the dogs and by the way you would like an apology or you will contact your local TV. Finally, I would ask the Council to send someone to collect the letter and to send it to the correct address. You will call your MP if you hear anything further about this. That should do it ! All the best. Kes Quote Link to comment Share on other sites More sharing options...
ph5172 Posted June 21, 2012 Report Share Posted June 21, 2012 (edited) Call the number on the card / letter and explain they have put it through the wrong door (split house with 2 separate dwellings)they needed to put it through upstairs not yours (which is downstairs). They will then probably say thank you and sorry to bother you. You can then get on with your day. I have had this happen a couple of times with tenants in 2 of my flats. Both times it was a 2 min call (on their behalf) and no problem Edited June 21, 2012 by ph5172 Quote Link to comment Share on other sites More sharing options...
kent Posted June 21, 2012 Report Share Posted June 21, 2012 I received a bailiff letter last night regarding unpaid council tax. They said they came to take my possessions for public auction and they will return again. It’s mentioned that if I failed to pay they will come again and they’ll take my possessions even in my absence. I'm a tenant in a ground floor of a two floors house. I noticed the recipient is the top floor tenant. So literally this is not for me (I’m paying the council tax through direct debit and there is no unpaid one). Here are my questions: 1-Should I contact the bailiff guy and let him know that I’m not the intended recipient or it’s better to just drop the letter in top floor letter box and ignore the guy? 2-Do they really have the authority to enter a property in my absence? Thanks guys for any advice. they can only enter a private dwelling if you leave a door open etc, if they have the wrong address phone them and explain Quote Link to comment Share on other sites More sharing options...
Chukar Posted June 21, 2012 Author Report Share Posted June 21, 2012 Thanks guys. some good advice there Called the guy and explained the situation. The guy was really polite and apologized for mistake. Things are bright again however I'm going to ruin the upstairs tenant night by dropping the letter to thier door Quote Link to comment Share on other sites More sharing options...
welsh1 Posted June 21, 2012 Report Share Posted June 21, 2012 (edited) I would ring the bailiffs and advise that if they attempt to take your property, it will be theft, and you will call the police, as you are not the correct recipient of the letter. I would then ask for an apology. Ring the Council and tell them that their agents will give them a bad name and why - get them to call off the dogs and by the way you would like an apology or you will contact your local TV. Finally, I would ask the Council to send someone to collect the letter and to send it to the correct address. You will call your MP if you hear anything further about this. That should do it ! All the best. Kes Oh come on all they have done is leave a letter in a property,and probably don't know it is split into two,and you want to have the press down,get an apology and call your MP,how about asking for £100 in compensation and some flowers for the mrs as well. It was a simple mistake. Call the number on the card / letter and explain they have put it through the wrong door (split house with 2 separate dwellings)they needed to put it through upstairs not yours (which is downstairs). They will then probably say thank you and sorry to bother you. You can then get on with your day. I have had this happen a couple of times with tenants in 2 of my flats. Both times it was a 2 min call (on their behalf) and no problem Now that's a man who is sensible,phoned up explained the mistake,the bailiff was probably polite,and thanked him for the information as it will save him wasting his time,and everyone is happy. No hysterics or shouting from the roof tops. Listen to this man he knows what he is doing. To slow in typing,but the sensible approach seems to have worked, who would have guessed. Edited June 21, 2012 by welsh1 Quote Link to comment Share on other sites More sharing options...
PigeonEater Posted June 21, 2012 Report Share Posted June 21, 2012 (edited) Look on youtube for "How to deal with baliffs". Basically, if you know how to handle them, there isnt much they can do. If anyone knocks, dont give them any info, name anything. Just keep saying "am i obliged to answer your questions?". Your not. sorry didnt see this was resolved! Edited June 21, 2012 by PigeonEater Quote Link to comment Share on other sites More sharing options...
Kes Posted June 21, 2012 Report Share Posted June 21, 2012 Oh come on all they have done is leave a letter in a property,and probably don't know it is split into two,and you want to have the press down,get an apology and call your MP,how about asking for £100 in compensation and some flowers for the mrs as well. It was a simple mistake A mistake in these circumstances is not acceptable, ask the OP why he posted; was it because he thought it a simple mistake? I'm not going to argue with you because you are the type who is never wrong but you may find taking a 'holier than thou' stance will come back to bite. Perhaps you might remember who else could have received this letter; a vulnerable OAP, young single mum etc. Then again they or you'd know it was a genuine mistake wouldnt you? Quote Link to comment Share on other sites More sharing options...
Muddy Funker Posted June 21, 2012 Report Share Posted June 21, 2012 They have no authority to break into your house if that is what you are worried about. However if you open the door they will position their foot in the gap so you can't close it, this is how they can legally gain access. If it's not you and you can prove it then call them to discuss, once it has got to the bailiff stage they are who you need to deal with. You must have had letters prior to this though from the council, why did you not question it then? Prove you have paid and are up to date and walk away. Steve That's wrong mate, if a bailiff acting on behalf of a court has the correct paperwork he can instruct a locksmith to drill the locks and walk straight in. Quote Link to comment Share on other sites More sharing options...
compo90 Posted June 21, 2012 Report Share Posted June 21, 2012 the house i bought and live in now since march was previously tennanted. the tenants left owing monies......i have had a few bailiff letters and i immediately ring them up and explain.......they ignore returned mail as they state that the person they are after could do that, i pointed out that they could equally ring up and pretend to be someone else..... anyway after the last time they are now trying to trace the person involved rather than sending me letters again whats funny is the telephone calls they ask for the reference number and then ask to confirm my name .....they always get a bit put out when my name isn't that of the debtor.....well who are you to him? is the question they always ask...........i now own and live in the house he used to rent is the answer and they then get a bit more civil Quote Link to comment Share on other sites More sharing options...
Vince Green Posted June 21, 2012 Report Share Posted June 21, 2012 You still have to be careful with baliffs. They are not always the most honourable people on the planet. Even more so if the debt gets sold on. Quote Link to comment Share on other sites More sharing options...
Chukar Posted June 21, 2012 Author Report Share Posted June 21, 2012 You still have to be careful with baliffs. They are not always the most honourable people on the planet. Even more so if the debt gets sold on. When I explained to him that he got the address wrong, he was really confused. The upstairs door is in the side and it’s easy to get confused. I’ll keep an eye on any suspicious knock on the door. Since I didn’t receive any letter from council regarding due council tax, I assume the upstairs tenant got all those letters and warnings and it’s the bailiff that who made the mistake and drop the letter in wrong letter box. Quote Link to comment Share on other sites More sharing options...
welsh1 Posted June 21, 2012 Report Share Posted June 21, 2012 A mistake in these circumstances is not acceptable, ask the OP why he posted; was it because he thought it a simple mistake? I'm not going to argue with you because you are the type who is never wrong but you may find taking a 'holier than thou' stance will come back to bite. Perhaps you might remember who else could have received this letter; a vulnerable OAP, young single mum etc. Then again they or you'd know it was a genuine mistake wouldnt you? I think you would know that it was a mistake as the liability order that the bailiff was acting on would have the persons name and address on it,the op's problem was that his property was split in two,the bailiff delivered the letter to the right address,but was not to know there was now two entrances,the op could see the letter was for someone else,his concern was the bailiff would come back so he asked advice.No one was hurt,no one died. I am not always right as you state,and make mistakes like anyone else,but i gave advice,and good advice on something that i know a lot about. I take it your advice was given on the basis that you have heard that all bailiffs are bullys and scum,and should be wiped off the face of the earth,as all they do is intimidate old ladys and the vulnerable. Just so we are clear THE LETTER WAS ADDRESSED TO A CERTAIN PERSON WHO THE OP KNEW LIVED UPSTAIRS. Please explain the comment about taking a holier than thou stance coming back to bite me. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted June 21, 2012 Report Share Posted June 21, 2012 Bailiffs don't go out of the way to make their own lives difficult. They are quite difficult enough already. As has been said there are strict rules about what bailiffs can and can't do and most experienced ones can easily tell the difference between a genuine mistake resolved by a simple phone call or letter, than a "it don't belong to me guv, honest" kind of shyster. As to so-called advice on "dealing with bailiffs" - I can think of something, if you owe someone money, pay it back. It ain't rocket science. Quote Link to comment Share on other sites More sharing options...
bullet1747 Posted June 21, 2012 Report Share Posted June 21, 2012 I received a bailiff letter last night regarding unpaid council tax. They said they came to take my possessions for public auction and they will return again. It’s mentioned that if I failed to pay they will come again and they’ll take my possessions even in my absence. I'm a tenant in a ground floor of a two floors house. I noticed the recipient is the top floor tenant. So literally this is not for me (I’m paying the council tax through direct debit and there is no unpaid one). Here are my questions: 1-Should I contact the bailiff guy and let him know that I’m not the intended recipient or it’s better to just drop the letter in top floor letter box and ignore the guy? 2-Do they really have the authority to enter a property in my absence? Thanks guys for any advice. They can't cross your door way with out you being there Quote Link to comment Share on other sites More sharing options...
parapilot Posted June 21, 2012 Report Share Posted June 21, 2012 They can if they have a warrant from the court. I'm a locksmith an work with county court bailiffs daily. Evictions and court orders etc we can go in regardless of anyone home. If the court have instructed they can take possessions then they can. Not sure how private firms work, they prob can't go in. But county court bailiffs all you will get when you get home is a letter left on your table and a copy of the warrant!! Quote Link to comment Share on other sites More sharing options...
welsh1 Posted June 21, 2012 Report Share Posted June 21, 2012 (edited) They can't cross your door way with out you being there Right lets put this to rest about bailiffs entering your property. If the bailiff has an order against you they have a right of entry by peaceful means. They can try your door handle,and if it's not locked they can open it and walk in,they do not need to be invited in,and once they have entered they can re enter at will,if you throw them out they can use the police to force re entry. They can climb through an open window into your property. Now i know a lot of you will say they wouldn't dare etc,but they would dare and do on a daily basis,they won't roll on the floor fighting with you,they will call the police,the chances are you will be arrested for a breech of the peace,and the bailiff will do his job.And most bailiffs now have cameras recording the actions of everyone,so you need to be very careful if you confront one. Also remember it's not the bailiff who took the court order against you it was someone else,argue with them. Bailiffs rights of entry can be found in the couty court act,under bailiffs rights of entry. If you have a belief about what they can and cannot do,regarding entry,post it up here and i will tell you if it is true,as i have seen some real howlers in the past on the forum. And rights of entry change if they are high court enforcement officers. Edited June 21, 2012 by welsh1 Quote Link to comment Share on other sites More sharing options...
guest1957 Posted June 21, 2012 Report Share Posted June 21, 2012 If you have a belief about what they can and cannot do,regarding entry,post it up here and i will tell you if it is true,as i have seen some real howlers in the past on the forum. Lawyer? Quote Link to comment Share on other sites More sharing options...
welsh1 Posted June 21, 2012 Report Share Posted June 21, 2012 Lawyer? No Quote Link to comment Share on other sites More sharing options...
Kes Posted June 21, 2012 Report Share Posted June 21, 2012 I think you would know that it was a mistake as the liability order that the bailiff was acting on would have the persons name and address on it,the op's problem was that his property was split in two,the bailiff delivered the letter to the right address,but was not to know there was now two entrances,the op could see the letter was for someone else,his concern was the bailiff would come back so he asked advice.No one was hurt,no one died. I am not always right as you state,and make mistakes like anyone else,but i gave advice,and good advice on something that i know a lot about. I take it your advice was given on the basis that you have heard that all bailiffs are bullys and scum,and should be wiped off the face of the earth,as all they do is intimidate old ladys and the vulnerable. Just so we are clear THE LETTER WAS ADDRESSED TO A CERTAIN PERSON WHO THE OP KNEW LIVED UPSTAIRS. Please explain the comment about taking a holier than thou stance coming back to bite me. Most people dont know the law and a letter such as this sent to the wrong address will cause extreme concern to an honest person who has received it wrongly, see OP. There is still a concern even though the other address is upstairs because its too late to say "he's upstairs" when someone drills your lock. Its not a well thought of profession, if thats the correct word, and its too late to do anything about it if someone who has an order enters the 'wrong' dwelling. An apology for unnecessary concern caused, in such circumstances both from the 'agent' and the 'instigator' isn't unreasonable - one acts the other instructs but is responsible for the acts of the instructed. The bailiffs job is to target the right person and only the right person. This approach was too casual and uncaring. If greater regulation of bailiffs is needed and I have heard a number of concerns (especially from 'sold on debt' collectors, for obvious reasons)then your MP is a logical person to involve to ensure any 'excesses' are noted and those who need it, protected. With respect to 'holier than thou', one usually finds virtue is the preserve of the untainted, and since non of us are the latter, you will find, like a lie, you may well regret your staunch defence of what I (for one ) consider unwarranted, unprofessional and therefore indefensible. BTW how long have you been 'involved' in the profession - long enough I would bet to see the distress it often causes and occasionally to innocents, although maybe not in Wales? Since we are disturbing a very useful thread, PM me if you'd like to. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted June 21, 2012 Report Share Posted June 21, 2012 No I'm enjoying this one..... Quote Link to comment Share on other sites More sharing options...
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