'Debt collectors are wrongly targeting me: what can I do'

A reader is being targeted by debt collectors looking for the previous owner of her home which she bought last summer. Paula Higgins from Homeowners Alliance speaks to a bailiff lawyer for some advice.

Since I bought my house last summer I have had a problem with companies, debt collectors and bailiffs looking for the previous owner. It's been really stressful, infuriating and at times quite scary, and there is very little information out there about what to do when it's not your debt.

I have tried everything I can think of to stop the problem but it has had little effect. My main concern is that it seems that for some types of debts the bailiffs will have right to enter the property to remove goods with a locksmith – including for some of the debts he has. If I am here to speak to them directly I can stop them, but if I am not in or away, they could do just that.

In my exasperation, I have even asked Twitter for advice and got loads of responses from people who have had it happen to them so clearly it’s not that uncommon a problem.

Help from the loveMONEY Expert Panel

Paula Higgins, chief executive of the Homeowners Alliance (pictured right) seeks further advice on the reader's situation.

I’m sorry to hear about the trouble you’re having and I can understand why you’re feeling exasperated.

I spoke with John Kruse, an expert in bailiff law about your situation. 

As you are probably aware, debt collection agencies have no legal powers other than to write and (very rarely) to send a door to door collector.

John suggests sending them a copy of the new Council Tax bill and/or details of the sale and that really ought to deal with the problem. The debt collection agencies have no legal power of entry at all.

Regarding bailiffs’ rights of entry, and despite whatever notices from the bailiff may say, there is no right to force initial entry and no right to enter a third party's premises except with a court order (at the hearing of which the bailiffs would have to convince the court that there was evidence that the debtor had left goods behind in new resident’s home). 

Such an application is very unlikely because it will cost the bailiffs money up front and I can't imagine that they would ever risk it. 

Again, in all cases, providing the bailiff company or the original creditor with details of the change of owner ought to be enough to sort the problem out. 

It’s advisable to put this in writing to the company/creditor with supporting documents. Just telling the bailiff on the doorstep is almost always less successful – and more stressful!

Compare fixed and tracker mortgages with loveMONEY

If you have a financial question or issue you’d like us to solve, please do get in touch. It needn’t be about investing: whether it’s an energy bill or banking complaint that needs sorting, our team will do their best to help out.

The views expressed by the author do not necessarily reflect those of loveMONEY. 

Comments


Be the first to comment

Do you want to comment on this article? You need to be signed in for this feature

Copyright © lovemoney.com All rights reserved.

 

loveMONEY.com Financial Services Limited is authorised and regulated by the Financial Conduct Authority (FCA) with Firm Reference Number (FRN): 479153.

loveMONEY.com is a company registered in England & Wales (Company Number: 7406028) with its registered address at First Floor Ridgeland House, 15 Carfax, Horsham, West Sussex, RH12 1DY, United Kingdom. loveMONEY.com Limited operates under the trading name of loveMONEY.com Financial Services Limited. We operate as a credit broker for consumer credit and do not lend directly. Our company maintains relationships with various affiliates and lenders, which we may promote within our editorial content in emails and on featured partner pages through affiliate links. Please note, that we may receive commission payments from some of the product and service providers featured on our website. In line with Consumer Duty regulations, we assess our partners to ensure they offer fair value, are transparent, and cater to the needs of all customers, including vulnerable groups. We continuously review our practices to ensure compliance with these standards. While we make every effort to ensure the accuracy and currency of our editorial content, users should independently verify information with their chosen product or service provider. This can be done by reviewing the product landing page information and the terms and conditions associated with the product. If you are uncertain whether a product is suitable, we strongly recommend seeking advice from a regulated independent financial advisor before applying for the products.