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Bailiff's letter addressed to non-resident - what to do?
ad42
post Mon, 13 Aug 2012 - 10:23
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Hi everyone

I've received a letter from a bailiff company (Marston) for somebody who committed a motoring offence but is no longer resident at my address. I'm looking for advice on the correct way to proceed in order to resolve the matter as soon as possible.

In particular, if anyone can answer the following I'd be grateful:

1. Marston's website states that I should send them a utility bill as proof of occupancy. I'm extremely wary of identifying myself to them as I don't want to become connected to the debt in any way. Is there a correct formal procedure for notifying a creditor in circumstances such as this?

2. I am of course concerned about a bailiff attending my property. Luckily my home is secure and it is no problem to keep windows and doors locked. However, could a bailiff take my car even though it is not associated in any way with the debtor? I have a horrible feeling they will have a 'take first, ask questions later' policy.

3. Finally, my least important question. Can bailiffs force entry to outbuildings - in this case, a wooden shed? It would be nice to know. I don't have much of value in there but I could at least bring the lawnmower inside for safe keeping!

Many thanks in advance for any response.
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post Mon, 13 Aug 2012 - 10:23
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Concrete Jungle
post Mon, 13 Aug 2012 - 10:30
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Have a look on bailiff advice online, they might be able to answer your questions.

http://www.bailiffadviceonline.co.uk/


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The Rookie
post Mon, 13 Aug 2012 - 10:57
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I've had this before, just phoned the bailiffs up and explained the whole position and never heard from them again, however to be clear, do you and the person named share a surname, do you know them and do they still have an 'interest' in the house? In our case they were previous occupants of a rented house and the Bailiffs accepted my word for it over the phone (they had a few bailiffs and a few private individuals chasing them....then they loused up and applied for a mortgage using their old address so we got all the paperwork, we passed all the contact details onto the creditors/bailiffs and also bailiff case details to their mortgage company)


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ad42
post Mon, 13 Aug 2012 - 16:40
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QUOTE (The Rookie @ Mon, 13 Aug 2012 - 11:57) *
I've had this before, just phoned the bailiffs up and explained the whole position and never heard from them again, however to be clear, do you and the person named share a surname, do you know them and do they still have an 'interest' in the house? In our case they were previous occupants of a rented house and the Bailiffs accepted my word for it over the phone (they had a few bailiffs and a few private individuals chasing them....then they loused up and applied for a mortgage using their old address so we got all the paperwork, we passed all the contact details onto the creditors/bailiffs and also bailiff case details to their mortgage company)
No, connection by name and no interest in the property. The logical thing to do is, of course, to tell the creditors but I want to be sure I approach this the 'right' way.
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Logician
post Mon, 13 Aug 2012 - 17:11
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Tell the creditors and the bailiff. If you have a name and forwarding address supply them. You need to get them off your back and on to the debtor's back ASAP and avoid any suspicion that you are in collusion with him.


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The Rookie
post Tue, 14 Aug 2012 - 11:23
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With all the Bailliff and debt collector letters I had they just listened to my 'beleivable' phone call and took me at my word, they have no interest chasing someone when they don't know where to find them!


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ad42
post Fri, 17 Aug 2012 - 16:02
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I decided that, rather than phone, the best thing to do would be put it in writing, giving away as few of my details as possible. Rather than waste money on recorded post etc, I sent an email telling them that individual was non-resident and used a template from the internet to revoke the permission in common law that allows them onto my property.

Fortunately, I got a read receipt and an automated reply which proves they have read it. In theory, they now have no reason to attend. They haven't responded to the email as yet; I would hope they'd at least be courteous enough to tell me if they still intend to send bailiffs or not, but I'm not going to get my hopes up.
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mrh3369
post Fri, 17 Aug 2012 - 16:15
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Post up the template so we can see just how good/bad it is.


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The Rookie
post Fri, 17 Aug 2012 - 16:53
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template and revoke permission sounds like a disaster, why ask for advice and ignore it!

Your email will achieve nothing as it's not 'honest and believable'.

No need to sound all legal when you had noneed to!


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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emanresu
post Fri, 17 Aug 2012 - 17:24
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QUOTE
avoid any suspicion that you are in collusion with him.


I may be at odds here but if Mr Baillif turns up to an address which has say, no voter role, no mortgage title, no link to a rental or utility agreement, why does Joe Public have to justify themselves to anyone. A pleasant good bye to Mr B should be sufficient ... unless we are supposed to kowtow to them
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The Rookie
post Fri, 17 Aug 2012 - 18:42
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small matter of a warrant they have a legal obligation to try and execute, they can make life very hard even for the innocent, work with them and they won't bother you as they have no reason to!


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Logician
post Fri, 17 Aug 2012 - 20:02
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QUOTE (emanresu @ Fri, 17 Aug 2012 - 18:24) *
QUOTE
avoid any suspicion that you are in collusion with him.


I may be at odds here but if Mr Baillif turns up to an address which has say, no voter role, no mortgage title, no link to a rental or utility agreement, why does Joe Public have to justify themselves to anyone. A pleasant good bye to Mr B should be sufficient ... unless we are supposed to kowtow to them


It is not a question of kowtowing to them, it is a question of doing things the difficult way or the easy way.


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ad42
post Mon, 20 Aug 2012 - 12:50
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QUOTE (mrh3369 @ Fri, 17 Aug 2012 - 17:15) *
Post up the template so we can see just how good/bad it is.


I wrote and explained the person named was no longer resident, and followed with this paragraph which seems fairly standard (same wording appears on a number of websites). That kind of implies to me that it is valid:
there is only an implied license under English Common Law for people to be able to visit me on my property without express permission, e.g. the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you or your representatives to visit my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.


QUOTE (The Rookie @ Fri, 17 Aug 2012 - 17:53) *
template and revoke permission sounds like a disaster, why ask for advice and ignore it!

Your email will achieve nothing as it's not 'honest and believable'.

No need to sound all legal when you had noneed to!

I didn't ignore the advice at all. I was 50-50 between calling them or writing. I chose email because a) the faq on their website suggests it; b) I get a record of their response (if I phone and they say one thing but do another, I'll have no record). As it is, they haven't responded, which is annoying as I'd have liked confirmation that the matter was closed as far as my address is concerned. My email was deinitely honest and believable, but I should imagine they get a lot people lying to them and they probably don't believe anybody!
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jimster
post Mon, 20 Aug 2012 - 13:33
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QUOTE (The Rookie @ Fri, 17 Aug 2012 - 17:53) *
template and revoke permission sounds like a disaster, why ask for advice and ignore it!

Your email will achieve nothing as it's not 'honest and believable'.

No need to sound all legal when you had noneed to!

I agree with Rookie

I think that letter sounds awfully suspicious

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Logician
post Mon, 20 Aug 2012 - 14:15
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+1

It sounds nothing like someone who is unconnected with the debtor, and exactly like someone trying to hide behind legalese.


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ad42
post Mon, 20 Aug 2012 - 14:37
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Well, I thought it was best to be firm with these people. I once fought a PCN thru Pepipoo and template letters were all the rage. Perhaps I was wrong this time. Still, too late to do anything about it now. Maybe I will call them if there is no response within the next few days. I wouldn't bother at all, but it would be nice to able to throw open the doors and windows without being worried about getting a visit.
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