Help HCEO have the incorrect Address (Family Member)

[brad257]

Good Morning,

My father who I am not really in contact with used my address back in March as a care if address without my permission. He came round out of the blue and asked if I'd had any post, I said I had sent some post back to sender and also had 2 letters from lloydsbank that I handed over and said It was unacceptable to be using my address and some other words.

Since then I have had more and more post arrive, all sent back as unknown at this address and return to sender.

Then on Wednesday evening when I arrived home from work I had a letter addressed to him with the return address as Court Enforcement Services Limited Loughton.

I sent the letter back same as all the others but this address gave me great concern. I went on citizen's advice website and it suggested not to ignore the letter and to contact the company. I phoned them the next morning and explained that the individual did not live at my address and that I would email a copy of my council tax bill that only shows my wife and I at the address. I went to the council offices to get and in date council tax bill and emailed it accross as we as sending a photocopy recorded delivery.

I don't have a case number as I have never opened any of the letters, so everything has just been done using my address as the reference.

I got a reply via email saying that because the surname on the council tax bill matches that of the debtor.

I then spoke to the CAB who put me on to the national Debt Line, who advised that I ask them if the council tax bill is not adequate the what do I need to produce that would be acceptable evidence. My first email was reply to within hours, now I don't expect to get a reply to this one for a while. I still have nothing as yet and this was all done on Thursday.

I remember so letters with eon on the envelope so national Debtline think that it is most likely from them and that the company who are chasing are HCEOs so it is most likely a Ccj?

National Debtline have suggested I go to my local court and try to get a statutory declaration stating that my wife and I are the only people living in the house and all property therein including 2 cars on the driveway belong to us. Now the court is closed until Monday so I don't even know if they can or will do this?

I am currently so worried about these people coming round and knocking on my door I don't want to go to work I am worried to leaving my wife and children here alone we have a newborn and it is all very overwhelming.

CAB have advised don't let anyone in and hold council tax bill up at window and state that the debtor doesn't live here and never has.

Any additional advice or thoughts would be greatly appreciated.

Kind Regards

Brad

[zeke]

Good Morning,

My father who I am not really in contact with used my address back in March as a care if address without my permission. He came round out of the blue and asked if I'd had any post, I said I had sent some post back to sender and also had 2 letters from lloydsbank that I handed over and said It was unacceptable to be using my address and some other words.

Since then I have had more and more post arrive, all sent back as unknown at this address and return to sender.

Then on Wednesday evening when I arrived home from work I had a letter addressed to him with the return address as Court Enforcement Services Limited Loughton.

I sent the letter back same as all the others but this address gave me great concern. I went on citizen's advice website and it suggested not to ignore the letter and to contact the company.

The CAB gave you the wrong advice that breaches the cardinal rule never contact a bailiff company. Let them contact you. The only exception for contacting them under a rule of court such as a pre-action protocol.

I phoned them the next morning and explained that the individual did not live at my address and that I would email a copy of my council tax bill that only shows my wife and I at the address. I went to the council offices to get and in date council tax bill and emailed it accross as we as sending a photocopy recorded delivery.

I don't have a case number as I have never opened any of the letters, so everything has just been done using my address as the reference.

I got a reply via email saying that because the surname on the council tax bill matches that of the debtor.

I then spoke to the CAB who put me on to the national Debt Line, who advised that I ask them if the council tax bill is not adequate the what do I need to produce that would be acceptable evidence. My first email was reply to within hours, now I don't expect to get a reply to this one for a while. I still have nothing as yet and this was all done on Thursday.

I remember so letters with eon on the envelope so national Debtline think that it is most likely from them and that the company who are chasing are HCEOs so it is most likely a Ccj?

National Debtline have suggested I go to my local court and try to get a statutory declaration

That is not the right advice either. All you needed to do give notice of an injunction under section 3 of the Protection of Harassment Act 1997. That stops all further contact, and if it doesn't, you injunct. That is the only way to get piece of mind.

A stat dec is normally ignored by High Court enforcement companies. They are only (usually) obeyed by council tax/parking ticket bailiffs or the collection of court fines. That could be a policy from their trade association to ignore a stat dec. But, they cannot ignore a notice of injunction.

stating that my wife and I are the only people living in the house and all property therein including 2 cars on the driveway belong to us. Now the court is closed until Monday so I don't even know if they can or will do this?

If you want to do a stat dec, then you dont need to go to court. Most county court front desk's are by appointment. Any solicitor can do it for a fee £5 and take photo ID with you.

Here is a https://docs.google.com/document/d/1wQS ... sp=sharing.

I am currently so worried about these people coming round and knocking on my door I don't want to go to work I am worried to leaving my wife and children here alone we have a newborn and it is all very overwhelming.

Take these steps to protect your home from bailiffs.

CAB have advised don't let anyone in and hold council tax bill up at window and state that the debtor doesn't live here and never has.

Any additional advice or thoughts would be greatly appreciated.

Kind Regards

Brad

It's not your debt and it is not your job to be telling a bailiff company where the debtor is. It's not uncommon for people to use alternative addresses for court proceedings because it protects them if things go wrong, but its irregular to use a family address. Bailiff companies use forwarding addresses, mostly an accountants address or a PO Box number. It means when the notice of enforcement is given and the warrant is issued, it has the wrong address on them and that scuppers the enforcement because the law says the debtor by be aware of the proceedings and be given a notice before enforcement starts.

Here is the legal position about bailiffs calling for a debtor that does not live at your address

In short: If the debtor named on the writ of control does not live at your address, the bailiff does not have a right to take control of goods. Bailiffs only have a right to enter the debtors home or premises he lives or trades from. If you are threatened, call police on 999 reporting a disturbance. A constable takes a statement, contacts the bailiff and tells him the debtor does not live there.

[brad257]

I would like to thank you for taking time out on a Sunday to help and advise. It is very much appreciated.

I believe he used my address to get a new bank card because he was living in a caravan with no postal address. I assume that my address was then register under his name on a credit database.

The CAB made it seem like it is my job to prove that this person doesn't live at my address I I can only do that by asking what their requirements are, we'll after they failed to acknowledge the council tax bill, although I believe this was probably majority a scare tactic.

This was their response :

"Thank you for your email and the copy of the council tax bill.

However, as the surname on the council tax bill is identical to the debtor in this instance, our enforcement agent will be making an attendance to investigate the matter further."

So what would you recommend in my position should I be giving notice of an injunction and if so how do I go about doing this?

Should I just wait for them to come round and turn them away? I don't have any idea when it will be safe to leave my front door open while I walk accross the driveway to pack or unpack my car. It is all very overwhelming.

Kind Regards

Brad

[zeke]

If you feel more comfortable then do an affidavit and send it by post keeping a certificate of posting. Do not use recorded delivery. Send a copy by email and take a screenshot of the sent email.

If a bailiff turns up, ask him to quietly leave. If he doesn't call police on 999 reporting a disturbance and keep the door shut until the bailiff is safely away from the property.

Using your mobile, get everything on video, everyone will treat you with a lot more respect when there is a camera pointing at them. You are allowed to upload it to Youtube and the bailiff is free to leave at any time if he objects to being on Youtube.

[brad257]

You will have to excuse my ignorance but how do I go about doing an affidavit. Would this be with a solicitor?
What should it say, do you have a template? As a starting point.

Thank you again

Kind Regards

Brad

[zeke]

My original answer to your question gives you a template which you can download and use.

[brad257]

Sorry I hadn't yet viewed that as you mentioned it may be ignored.

Can I add to this that the debtor has never resided at this address or is it just not worth it.

Thank you for providing this information.

You mentioned that they cannot ignore a notice of injunction. What is this and am I too late for this?

Kind Regards

Brad

[John The Baptist]

Brad

Please do not entertain an injunction. You cannot injunct a bailiff who is carrying out his lawful duty by executing a writ.

The advice that the CAB gave you was good and there was no harm whatsoever in you contacting the bailiff company, given you are not the debtor.

Furthermore, Schedule 12 has misled you regarding a bailiff's rights to taking control of goods. A bailiff may take control of goods if he REASONABLY BELIEVES that they are goods of the debtor.

I would write back to the bailiff company and ask them what they consider adequate proof and what is their policy for situations whereby the debtor has the same surname as the occupier of the relevant premises. I would copy EON (or whoever the creditor is) in on the letter/email and would further copy in the HCEOA. I would also enclose copies of the insurance policies of the vehicles owned by yourselves as well as the V5 documents and state that entry to your premises will not be permitted under any circumstances.

Finally. I would send a separate letter to EON headed "Formal Complaint" and I would detail your complaint around what you have posted here.

A bailiff works on commission and he doesn't care who pays. Because of this, it is regrettable that you have to go to this trouble to ensure that you are not left out of pocket.

[brad257]

Thank you for this additional opinion and information. I understand that there is no one way to solve this issue. I am getting my Stat Dec witnessed tomorrow morning should I send this as well or keep this back for now?

I don't know for sure that it is eon as I have never opened any of the letters, this is an assumption based on it being HCE and having some eon envelopes that I sent back. Having said that I would assume that it is most likely them.

What eon department would I send this to? Complaints?

Thanks again

Brad

[John The Baptist]

The SD may not be enough to stop CES but it won't do you any harm. If you have it then send a copy of it as well.

CES will have done a search (or at least should have) on your home and they will be aware that your father does not live there. You should point this out to them as well as asking them the questions that I posted previously. Ask them for the creditors details and also a reference number so that you can contact them directly.

Yes send your complaint to "complaints".

[brad257]

Thanks for the advice, I have sent in Stat Dec, V5s and insurance documents.

I sent

"Further to my previous correspondences could you advise what you consider adequate proof the debtor has no association with my address and what your policy for situations whereby the debtor has the same surname as the occupier of the relevant premises."

"Can you provide me with the Creditors details and a reference number as a matter of urgency so I can contact them directly in relation to this misinformation so no further time has to be wasted by all parties involved."

To which they replied

"Thank you for your below email.

Unfortunately, there is no paperwork which can prove if Mr Debtor is not currently residing, therefore an enforcement agent is required to attend to confirm the statements which have been made.

If it is in fact found that the debtor does not reside at the property, then we will update our systems accordingly. Until the agent has attend to clarify the below, we are required to continue."

Any further advice as to the next steps would be greatly appreciated. They did not give me and reference or debtor name so I can't write to complain.

Kind Regards,

Brad

[zeke]

Let them attend and waste their own time. DO NOT let him into your property.

Takes these steps to protect your home and car from bailiffs.