Debt collectors for previous tenant

33 replies
Found 23rd Jul 2008
I've had letters non stop for previous tenant on behalf of the DVLA , now I've informed them numerous times he no longer lives at the address .....they put in writing they will send an agent to confirm , which i said was fine.

Nobody turns up now they are saying they are going to send bailiffs so i call again and they more or less called me a liar , i asked to speak to a supervisor or someone senior he then told me they don't come to the phones , so i lost my temper and called him an a-- hole and told him if he does not sore it out ill sort him out , he said its been recorded .

Can i get done for this?

Also if im not in can they break in my home? can i have them arrested if they do considering ive let them know numerous times the previous person no longer lives there

Im so mad about this , i am now writing them a letter demanding the harrasment to stop and charging them for the letter and phone calls ive had to make.

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33 Comments

Banned

they can't break in but can demand entry once you have opened the door.

do you know who the previous tenant was? Maybe try and find out their mail forwarding address and then tell the debt agency

Original Poster

But they cant do anything once i show them proof that i now live here?

Bunch of idiots i tell you , they expect me to do there job for them , its can be easily checked.

Ive also made a complaint to the DVLA about the collection agents they have used and the harrasment ive had from them

also this previous person is obviously still using my address on his driving licence , can i do anything about that

I would have said similar. Good luck with it all :thumbsup:

Just be careful with the "i'll sort you out" stuff, even veiled threats can be used against you if its recorded . . . . . . Don't think its too serious as long as violence is intimated (to "sort him out" could be argued that you intended to report him work wise) You'll be fine, let the apes see she's moved then take the complaint up strongly with the DVLA

They can also gain entry through an open window even if you are out, they may "demand" to be let in once you open the door but if you body block them and they barge past its common assault. If you show them Id though such as bills, tenancy and preferably something photographic they should be fine, also make sure the electoral register is up to date showing the true tenants only. You can also get the council to add a note to the current electoral register showing the previous tenany has moved on.


*note entry through windows is usually a last resort when seizing items under a court approved order.

Banned

Probably a bad idea stating you'll 'sort him out'.. whatever that means lol

I'd tone down on the aggresive insults on the phone in future and just tell them straight, surely there are number to phone to get passed the monkies operating the mickey mouse side of the DVLA ?

Nice way to treat somebody who is doing his job...

Banned

I've sort of had something similar. Cut a long story short, (as its very long) we had a solictor / debt collection letter sent to us for a debt of £145,000 and a court summons. It was for someone who had my surname, but no one known with the christian name. Despite numerous calls and the letter returned to the court to say "not known at this address", they continued. They got my details from a call to my father who unwittingly gave them my phone number. I was told they had a parcel for a local address but unable to deliver. It was to the road is where my wifes grandparents live and a put 2 and 2 together and got 5 (unfortunately). Anyway, they continued to call my father and I eventualy sent a recorded delivery letter to inform them that if they persist, I will sue for harrassment. I never heard from them again.

pghstochaj;2590092

Nice way to treat somebody who is doing his job...


... very poorly.

The op has said they insinuated he was lying and the bit about supervisors not coming to the phones is total B/S. Thats what they are there for to handle calls that the operator is not sufficiently equipped to deal with.

Add that to the fact that the OP himself has spent his own time trying to sort the mess out time and time again and his now having the threat of debt collectors at his door. I mean come on he cant even leave a window open on a hot day as they are entitled to use it as entry. Would you not get stressed and lose yoyur temper at them?

I ruddy well would.:x

Banned

harlzter;2590207

Would you not get stressed and lose yoyur temper at them?I ruddy well … Would you not get stressed and lose yoyur temper at them?I ruddy well would.:x



Agreed. When I spoke to the agency I mention in the post above, they basically accused me of lying and said they believed my wife had changed her name and insisted the debt was hers. I never swear on the phone, but did inform them the call had been recorded and the transcript would be presented as evidence to a court in the event it was needed. (You cant use the call itself unless you have informed them prior to the conversation started - but the converstaion can be used as text.)

Banned

pghstochaj;2590092

Nice way to treat somebody who is doing his job...


albeit very badly :thumbsup:

If you rent contact the landlord and they can contact to confim the previous tennants has moved

pghstochaj;2590092

Nice way to treat somebody who is doing his job...



Suppose if its they are in the business of harrasing someone.
If did they job right.

csiman;2590242

albeit very badly :thumbsup:



I think you might be confusing their job role (which is always difficult, do you think many people own up to being somebody and owing money?) and the person. Calling somebody an ******* and threatening them is no way to act, regardless.

pghstochaj;2590343

I think you might be confusing their job role (which is always difficult, … I think you might be confusing their job role (which is always difficult, do you think many people own up to being somebody and owing money?) and the person. Calling somebody an ******* and threatening them is no way to act, regardless.


They was being unreasonable with the op so calling them an *insert expletive* is a reasonable response, the op asked to speak to someone higher up in order to get this sorted out which is reasonable, yet they was refused, its the op who is going through stress and tried to be reasonable, this can only be stretched so far though, its costing the OP time and adding to his phone bills, giving him stress which is understandable and maybe having an adverse effect on his health.

harlzter;2590396

They was being unreasonable with the op so calling them an *insert … They was being unreasonable with the op so calling them an *insert expletive* is a reasonable response, the op asked to speak to someone higher up in order to get this sorted out which is reasonable, yet they was refused, its the op who is going through stress and tried to be reasonable, this can only be stretched so far though, its costing the OP time and adding to his phone bills, giving him stress which is understandable and maybe having an adverse effect on his health.



People are unreasonable day in day out, if we all drop down to saying rude words and threatening them, nothing would get done. There's a way to be and a way not to be, whatever the situation. If you got arrested by mistake and taken to a police station, would you feel it reasonable to say "you a-hole I'll sort you out"? No...

having worked in a collections department myself, i would advised that when you receive any letters that are not for yourself be them debt or not, then writeon the front ' does not live here anymore' and send them back, it might not be the most use full information to you now but it will stop anything like this happening again.

pghstochaj;2590409

If you got arrested by mistake and taken to a police station, would you … If you got arrested by mistake and taken to a police station, would you feel it reasonable to say "you a-hole I'll sort you out"? No...



I would (and have) actually, whether or not its a mistake is irrelevant.

But that is different altogether, as that isnt just one person being unreasonable. At least if arrested you get someone who will listen to your side and act in the relevant matter. This is down to one person not doing their role properly in dealing with the public, they are in a role that means they are the frontline for the public to amke enquiries and should handle all requests accordingly.
I agree the threats are out of order and there are better put downs than name calling, Im not saying he was either right or wrong, just that I can see his point of view and the cause of the frustration. If the call handler does report this they will listen to the call and any further action will revolve around the recording, so both sides will be heard in which case I see no further action being taken against the OP and the call handler being given a talking to if its as the OP states.

I have the insight of having been on "anger management" courses, yet sometimes the inner demon in all of us escapes whether we like it or not.

Banned

Isn't it an offence anyway to open someone else's mail even if mailed to your address?

From now on .................you record all telephones from the DVLA or whoever is connected to this case and is harassing you .I've done this before when dealing with complaints and it's proof of what I have said , just incase it's needed if theres a court case . If I was harrased at my front door , I would answer it with a video recorder tapeing in my hand .There is too much of this heavy handedness and threats from some establishments nowdays . Try to be one step ahead .If your inocent and done no wrong , make them suffer with letters from a solicitor etc.

Hartlzer is quite correct in what he says. Dont let them in. They have no power of entry without a court order. The police will NOT assist them, You are entitled to call the police if you are concerned that a breach of the peace may take place as much as they are. However, if they were to phone it would be something of a contradiction as they are causing the breach by being there.
Best option is speak to them without letting them in and show them proof of your identity through the window. If the police do arrive, I can pretty much guarantee they will be on your side and send the bailiffs on their way.

csiman;2590645

Isn't it an offence anyway to open someone else's mail even if mailed to … Isn't it an offence anyway to open someone else's mail even if mailed to your address?


It is indeed, the best bet is to RTS unopened, use a black marker to obscure your address so it doesnt come back to you (ive had this happen a few times). By mail not being returned it looks to the sender as if the addressee is still there which causes additional confusion as to whether they are there or not.

I usually google the return address to get a clue who the sender is just to be nosey.

ADZ1478;2590771

Hartlzer is quite correct in what he says.



This is due to having two cousins in the debt collection game one of who is an area manager. Did you know they have first dibs on anything seized at set prices eg. all washing machines £x amount. There are quite a few loopholes where they cant seize certain items though.

Banned

harlzter;2590846

This is due to having two cousins in the debt collection game one of who … This is due to having two cousins in the debt collection game one of who is an area manager. Did you know they have first dibs on anything seized at set prices eg. all washing machines £x amount. There are quite a few loopholes where they cant seize certain items though.


Such as rental items so if you are ubnfortunate to get the baliffs then just say electrical/white goods are rented and anything else expensive has been borrowed :thumbsup:

csiman;2591067

Such as rental items so if you are ubnfortunate to get the baliffs then … Such as rental items so if you are ubnfortunate to get the baliffs then just say electrical/white goods are rented and anything else expensive has been borrowed :thumbsup:


If you have kids, then fridge freezer cooker and washing machine are safe, in fact with kids most things are safe, the consoles where presents for the kids. Mobile phones wont get touched either as they often get blocked after they have been sold on! If you live with a partner then most stuff could be theirs not yours.

Banned

harlzter;2591307

If you live with a partner then most stuff could be theirs not yours.



I think thats a hint!!!

guv;2591534

I think thats a hint!!!



Sorry guv but every time i see your avatar I picture you as the lost member of village people! I can imagine you with that tache'

Original Poster

Thanks harlzter for advice and support and others to :thumbsup:

Soz for late reply totally forgot i posted this as i calmed down alot since posting it lol

Yes i know i shouldnt of said what i said , i lose my temper to easy when someone winds me up to the point that i just see red ......the callers attitude with me was a bad one so no he wasnt doing his job.

I am only renting this place at the moment so i said could he contact the landlord to confirm the other person moved on , he said no he cant and its my job to prove it not theres.

The amount of money owed is small , if i recall it was under £200.

I was actually told to open all mail from previous person incase it is debt for the other person , e.g if its gas or electric they can actually break in your home , so no i dont want the hassle of this.

I was adviced to do this by someone from British Gas who almost tried to drill the lock on the door due to the previous person owing a gas bill this was all sorted , and it even turns out the previous person wasnt even with British Gas anyway it was a mistake on British Gas behalf.

So yes i will open all mail what has my address on there , because someone could be doing credit card fraud at the address or someone could be running up debts.

Ill mostly likely get a place of my own a little later down the road but at the moment i dont want the stress of all this ....and why should i?

When i rang i was polite and as soon as they answered there tone of Voice was one i didnt like and like i said previously he almost called me a liar, when he said i could be the person who owes the debt making out im someone else , to me thats calling me a lair.

When i asked to speak to someone senior he refused and said they dont come to phones ......thats when i truely lost it with him.

I shouldnt of done it , but do i care about this persons feelings , Hell no , he has a scummy job harrasing people so i dont think he cares about anyone else.

Have a look at this link just for the info. I know its not your debt but its got some good info.
]http//ww…ffs

Power of Entry
If you have any concerns, ask the bailiff to show an identity card. A bailiff cannot use force to gain entry into a domestic property on their first visit: they can only use “peaceable means”. Entering through an open or unlocked door, or via a window without causing any damage or disturbance, is acceptable. Forcing their way past someone at the door is not.

They may have been in the property before.

I am sure it will all be sorted out by just showing them your driving licence. But most of all stay calm.

Good luck mate.

We've been receiving a bunch of debt letters for previous tennants at our current place. I accidently opened one of them a few weeks ago and it was student debts for a few thousand and they said they'd be taking it to court, etc etc.

RTS'd them and they've still shown up.

Also had the TV licence idiots on our case when we moved in saying the property was under watch etc due to the previous tennants, forced us to hurry up with getting our licence!

If anyone tries to enter our home or push passed me I'll have the police round and will be seeking legal advice.

They cannot take anything if you are not the person responsible, the first thing they will say is is mr/mrs so and so there, of course they won't be and you can provide ID to that effect. The legal documents will be to obtain property owned by the responsible named which legally is not you. They will be breaking the law if the take anything, video it, record it, get them to sign a form stating you showed ID etc etc, you will be able to bang them to rights very quickly if so. Also get the Police involved as quick as possible to also confirm your ID if and when they turn up.

]http//ww…php

"The problem of intimidation arises though because private debt collectors tend to be paid on results. "If they don't make a recovery," says Mr Herson, "they won't be paid. This can breed attempted intimidation from a limited number of unscrupulous collectors. Professionals are far more likely to have checked the location of the debtor before knocking."

If they get it wrong, you have no legal obligation to prove that you are not the person they are seeking, although it may be advisable to do so, to ensure you are not bothered again. A spokesperson for Drakes, a leading independent provider of civil enforcement and debt recovery services, says that if you receive a letter to the previous occupant you should return it to sender unopened.

If you have opened the letter, you should immediately inform the sender that the person they are looking for has left your address and also send some proof, such as a utility bill or a tenancy agreement. It is also helpful, say Drakes, if you can provide them with a forwarding address for the previous occupant, although, again, there is no legal obligation to do so.

What you mustn't do, says Dr Steve Everson, director general of the Association of Civil Enforcement Agencies (ACEA), is ignore the letters: "The last thing the person should do is sit on the letters. They should contact the bailiffs immediately and let them know they are in no way associated with them.

"I would also put it in writing to the bailiff company, with some documentary proof that you are the new owner or tenant."

Robin Amlot, senior editor at personal finance website moneyextra.com, recommends doing even more. "You should check your credit rating. It should not have information about anyone who is not a member of your household but it is sensible to file a Notice of Dissociation to be added to you credit file stating that you have no connection with any previous occupants of your property. You could also write to your local County Court to tell them that you are the occupier now."

If this doesn't work, says Mr Amlot, and people on your doorstep continue to harass you, then you can call the police and report private debt collectors to the local Trading Standards Office. If they still don't stop, he suggests writing to the organisation harassing you, threatening to take legal action under Section 40 of the Administration of Justice Act 1970."

]http//ww…ey2

Banned

Alfonse;2596776

They cannot take anything if you are not the person responsible, the … They cannot take anything if you are not the person responsible, the first thing they will say is is mr/mrs so and so there, of course they won't be and you can provide ID to that effect. The legal documents will be to obtain property owned by the responsible named which legally is not you. They will be breaking the law if the take anything, video it, record it, get them to sign a form stating you showed ID etc etc, you will be able to bang them to rights very quickly if so. Also get the Police involved as quick as possible to also confirm your ID if and when they turn up.http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php"The problem of intimidation arises though because private debt collectors tend to be paid on results. "If they don't make a recovery," says Mr Herson, "they won't be paid. This can breed attempted intimidation from a limited number of unscrupulous collectors. Professionals are far more likely to have checked the location of the debtor before knocking."If they get it wrong, you have no legal obligation to prove that you are not the person they are seeking, although it may be advisable to do so, to ensure you are not bothered again. A spokesperson for Drakes, a leading independent provider of civil enforcement and debt recovery services, says that if you receive a letter to the previous occupant you should return it to sender unopened.If you have opened the letter, you should immediately inform the sender that the person they are looking for has left your address and also send some proof, such as a utility bill or a tenancy agreement. It is also helpful, say Drakes, if you can provide them with a forwarding address for the previous occupant, although, again, there is no legal obligation to do so.What you mustn't do, says Dr Steve Everson, director general of the Association of Civil Enforcement Agencies (ACEA), is ignore the letters: "The last thing the person should do is sit on the letters. They should contact the bailiffs immediately and let them know they are in no way associated with them."I would also put it in writing to the bailiff company, with some documentary proof that you are the new owner or tenant."Robin Amlot, senior editor at personal finance website moneyextra.com, recommends doing even more. "You should check your credit rating. It should not have information about anyone who is not a member of your household but it is sensible to file a Notice of Dissociation to be added to you credit file stating that you have no connection with any previous occupants of your property. You could also write to your local County Court to tell them that you are the occupier now."If this doesn't work, says Mr Amlot, and people on your doorstep continue to harass you, then you can call the police and report private debt collectors to the local Trading Standards Office. If they still don't stop, he suggests writing to the organisation harassing you, threatening to take legal action under Section 40 of the Administration of Justice Act 1970."http://www.guardian.co.uk/money/2005/sep/03/consumernews.jobsandmoney2


Great research that man! :thumbsup:

Original Poster

Alfonse;2596776

They cannot take anything if you are not the person responsible, the … They cannot take anything if you are not the person responsible, the first thing they will say is is mr/mrs so and so there, of course they won't be and you can provide ID to that effect. The legal documents will be to obtain property owned by the responsible named which legally is not you. They will be breaking the law if the take anything, video it, record it, get them to sign a form stating you showed ID etc etc, you will be able to bang them to rights very quickly if so. Also get the Police involved as quick as possible to also confirm your ID if and when they turn up.http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php"The problem of intimidation arises though because private debt collectors tend to be paid on results. "If they don't make a recovery," says Mr Herson, "they won't be paid. This can breed attempted intimidation from a limited number of unscrupulous collectors. Professionals are far more likely to have checked the location of the debtor before knocking."If they get it wrong, you have no legal obligation to prove that you are not the person they are seeking, although it may be advisable to do so, to ensure you are not bothered again. A spokesperson for Drakes, a leading independent provider of civil enforcement and debt recovery services, says that if you receive a letter to the previous occupant you should return it to sender unopened.If you have opened the letter, you should immediately inform the sender that the person they are looking for has left your address and also send some proof, such as a utility bill or a tenancy agreement. It is also helpful, say Drakes, if you can provide them with a forwarding address for the previous occupant, although, again, there is no legal obligation to do so.What you mustn't do, says Dr Steve Everson, director general of the Association of Civil Enforcement Agencies (ACEA), is ignore the letters: "The last thing the person should do is sit on the letters. They should contact the bailiffs immediately and let them know they are in no way associated with them."I would also put it in writing to the bailiff company, with some documentary proof that you are the new owner or tenant."Robin Amlot, senior editor at personal finance website moneyextra.com, recommends doing even more. "You should check your credit rating. It should not have information about anyone who is not a member of your household but it is sensible to file a Notice of Dissociation to be added to you credit file stating that you have no connection with any previous occupants of your property. You could also write to your local County Court to tell them that you are the occupier now."If this doesn't work, says Mr Amlot, and people on your doorstep continue to harass you, then you can call the police and report private debt collectors to the local Trading Standards Office. If they still don't stop, he suggests writing to the organisation harassing you, threatening to take legal action under Section 40 of the Administration of Justice Act 1970."http://www.guardian.co.uk/money/2005/sep/03/consumernews.jobsandmoney2


Yup thanks for that , good info there :thumbsup:

I checked my credit rating all is good , my credit score is Excellent so all is well there........

I sent a letter of with proof recorded delivery ,also a charge for me to send this as well as the cost of my time , phone calls and harrasment suffered.

Well i thought i would stress them out for a little bit like they did me :w00t:
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