Warrant to remove goods... for ex Tennant!

82
Posted 26th Jan
Last year we bought a house, used to be a rental house...

On Wednesday a man from a debt collection agency walked into my kitchen whilst I was at work and said he had a warrant to remove goods,now the only reason the missus was home was she was resting after 2 operations on her face, so wasn't supposed to have her blood pressure raised, he then asked for I. D to prove who we were as he was looking for someone...

Now I'm still annoyed, they took nothing and left but still..

1 if no one had been home could they have forced entry into the house?
2 why was there information at least 6 months out of date
3 could they have given a judge incorrect information to obtain warrant
4 what would you do about it

P. S already told the missus off for leaving the door unlocked
Community Updates
Ask
Top comments
You are very lucky that it was only a debt collector that walked in to your house through a door that was left unlocked and not a burglar or someone with worse intentions seeing as your wife was at home alone.
Never leave the door unlocked rule number1
Buckyball26/01/2020 10:34

Deb collectors have no rights, I would have called the police.



wrong and wrong
82 Comments
You are very lucky that it was only a debt collector that walked in to your house through a door that was left unlocked and not a burglar or someone with worse intentions seeing as your wife was at home alone.
They can normally gain entry through unlocked windows/doors which is lawful. If their info hasn’t been updated then that is all they can go by. Now they have this information they can update it! To be fair I only know this from Can’t Pay We Will Take It Away
Never leave the door unlocked rule number1
Haircut_10026/01/2020 08:24

You are very lucky that it was only a debt collector that walked in to …You are very lucky that it was only a debt collector that walked in to your house through a door that was left unlocked and not a burglar or someone with worse intentions seeing as your wife was at home alone.


Told the missus a few times but this obviously has made it hit home now
Justsuperman26/01/2020 08:32

Never leave the door unlocked rule number1


Wasn't that simple, an electrician was doing a bit of work so needed access to the fuse box in the kitchen
Douglas_Birks26/01/2020 08:51

Wasn't that simple, an electrician was doing a bit of work so needed …Wasn't that simple, an electrician was doing a bit of work so needed access to the fuse box in the kitchen


Ah, guess some things are unavoidable
Justsuperman26/01/2020 08:52

Ah, guess some things are unavoidable


I'm more thinking of going through the complaints procedure, they are regulated by the fca and if they've given a judge false information to obtain the warrant well then that could be big trouble for them... Possible perjury
Have you updated the electoral role info?
richard1926/01/2020 08:56

Have you updated the electoral role info?


Yep and the council tax site and the land registry office and the dvla... They've either ignored information or not bothered to check again from what I gather
1 - It depends on the type of warrant.
2 - it takes months to go through the court and admin process - nothing is quick!
3 - I wouldn’t have thought so, why would they risk their livelihood / reputation for something that would later come to light? They have nothing personal against you or your wife.
4 - Nothing apart from give the wife a row. It’s been dealt with now and they shouldn’t be back again.

*Please note that the above has been learnt from watching ‘Can’t pay? we will take it away’.
Mistakes happen, if you were the one owed money you would be happy with them trying to collect it and do their job..
We had a debt collecting agency knock on our door when we first bought our house.

The guy asked to come in to prove that the people who had the debt didn't live here any more, I refused and said I was happy to give them my name and show I.D but that's about it.

He said he'd ring the police to escort him round the house, I said be my guest but I wouldn't still allow you to come in without a valid reason and authorisation. He looked at my driving licence and wrote my name down and off he went.

I rang his company a week later and I was adviced that they have altered their records and it shows that the person who owns the debt no longer lives here.
Bargainhead26/01/2020 09:30

Mistakes happen, if you were the one owed money you would be happy with …Mistakes happen, if you were the one owed money you would be happy with them trying to collect it and do their job..



And they can`t knock on a door?
snoopy1826/01/2020 09:33

And they can`t knock on a door?


They probably tried 10 times before and nobody answered so when they saw an open door and had the right to walk through they took it.
Haircut_10026/01/2020 08:24

You are very lucky that it was only a debt collector that walked in to …You are very lucky that it was only a debt collector that walked in to your house through a door that was left unlocked and not a burglar or someone with worse intentions seeing as your wife was at home alone.


OP suggests he was at home too - Tag Teamed that DC
Douglas_Birks26/01/2020 08:51

Wasn't that simple, an electrician was doing a bit of work so needed …Wasn't that simple, an electrician was doing a bit of work so needed access to the fuse box in the kitchen


..but you said you told your missus off for leaving door unlocked.. which is it?
Bailiffs obtain what is called a distress warrant which enables them to enter a property, most bailiffs will only enter if a door or window is unlocked but some of the warrants do allow them to force entry, in these cases they will usually turn out a locksmith and the police though that is very rare and the police will advise them against this as mistakes happen as in your case. If they do enter the address they should try to establish that the person they are looking for does genuinely reside there before removing any goods.

As previously stated here they can only act on the information they have at the time, the previous tenant at your address obviously defaulted on debts etc and they wont give their forwarding address to the people they owe so the only address the bailiffs have is yours unfortunately so that is the address they will go to. The previous tenants more than likely haven't registered anywhere with the electoral roll etc.

Debt collectors etc will not give a judge false details to obtain a warrant, it is not in their interests to do so. If they did they would be getting sued on a daily basis and any judge would then be reluctant to issue any future warrants so they would quickly go out of business.

You could complain to the debt collection agency but they will just tell you the same, they will update their records so you shouldn't get any further issues. If you ever get any letters etc for previous tenants in the future contact the companies involved and tell them they no longer live there and avoid any future surprises.
Edited by: "oliviasgrandad" 26th Jan
Where there is one debt there are usually more so expect others...
After first purchasing my house I had debt collectors come for over 6 years!!!!!!
They would sell the debt to other companies. Who would then call even though I had informed
Each and and every company who came knocking....

Found out the debt was for a 25 thousand pound kitchen.. well that was not in my house when I bought it
That’s the problem these days. They don’t communicate with each other or update the info. Debt collectors only doing there job with the info they have
snoopy1826/01/2020 09:33

And they can`t knock on a door?


Not if they see entry, as it makes their job harder getting in, the majority of cases the person owes money and tries to hide. These people are here with court orders, they are following the law. People who owe money have themselves to blame for having bailiffs round. if you offer some sort of payment It won’t go to court or even If it does as long as you answer the court with an offer they won’t send bailiffs.

as I said it was a mistake on the name and op wife sorted it. If I’m owed money I want the bailiffs to do everything they can to get it back legally and so would most people...
Deb collectors have no rights, I would have called the police.
What's a tennant?
Bargainhead26/01/2020 10:23

Not if they see entry, as it makes their job harder getting in, the …Not if they see entry, as it makes their job harder getting in, the majority of cases the person owes money and tries to hide. These people are here with court orders, they are following the law. People who owe money have themselves to blame for having bailiffs round. if you offer some sort of payment It won’t go to court or even If it does as long as you answer the court with an offer they won’t send bailiffs. as I said it was a mistake on the name and op wife sorted it. If I’m owed money I want the bailiffs to do everything they can to get it back legally and so would most people...


Yes I know what your saying but burly guy or 2 enter a house by mistake, the house owner could easily strike out first, against the law but you have to protect yourself
Buckyball26/01/2020 10:34

Deb collectors have no rights, I would have called the police.



wrong and wrong
oh wait, Is OP's wife called deb?
splatsplatsplat26/01/2020 10:57

oh wait, Is OP's wife called deb?


Deb in the kitchen with the debt collector & the electrician
snoopy1826/01/2020 10:52

Yes I know what your saying but burly guy or 2 enter a house by mistake, …Yes I know what your saying but burly guy or 2 enter a house by mistake, the house owner could easily strike out first, against the law but you have to protect yourself


Not against the law to defend yourself, it was their mistake so you would get away with defending yourself and property and I’m sure as soon as they had a foot in the door they would call out and identify themselves..
Buckyball26/01/2020 10:34

Deb collectors have no rights, I would have called the police.


At which point you'd have quickly learnt as the police arrive to support the Debt Collection Agent how wrong you are.
Avatar
deleted1794535
Phsycronix26/01/2020 11:56

Neil or David?


David is a Tennant because of Neil! Took his name from Smash Hits when he was registering a stage name with Equity!
Buckyball26/01/2020 10:34

Deb collectors have no rights, I would have called the police.


But the court warrant gives them rights. You are very miss informed. Can you provide link to a legal website stating they have no rights..
it is unusual for the bailiffs to turn up without notice. did you not get any letters warning you / the previous tenant that they would be round?
mutley126/01/2020 12:05

it is unusual for the bailiffs to turn up without notice. did you not get …it is unusual for the bailiffs to turn up without notice. did you not get any letters warning you / the previous tenant that they would be round?



I'll admit, I was thinking the very same thing as you. If the DCA only had OP's address on their file, they must have sent MANY letters before an actual visit? Did the OP do like many of us might do and just ignore and bin?
Phsycronix26/01/2020 12:08

I'll admit, I was thinking the very same thing as you. If the DCA only had …I'll admit, I was thinking the very same thing as you. If the DCA only had OP's address on their file, they must have sent MANY letters before an actual visit? Did the OP do like many of us might do and just ignore and bin?


we have received a couple of letters from bailiffs for both our rental properties and our own home! and they often will give you notice that they will be coming round to take things and so give you the chance to stop the visit by making a payment. we have had to pay the debt or tell them that the tenants have moved out and give them the tenants contact numbers and any forwarding address. that then stops the visit but it can be a bit of a shock to get these letters, even if it is for ex-tenants.
mutley126/01/2020 12:16

we have received a couple of letters from bailiffs for both our rental …we have received a couple of letters from bailiffs for both our rental properties and our own home! and they often will give you notice that they will be coming round to take things and so give you the chance to stop the visit by making a payment. we have had to pay the debt or tell them that the tenants have moved out and give them the tenants contact numbers and any forwarding address. that then stops the visit but it can be a bit of a shock to get these letters, even if it is for ex-tenants.



Why on earth would you pay someone else's debt? With proper proof, the Bailiffs can't touch a thing?
Phsycronix26/01/2020 12:18

Why on earth would you pay someone else's debt? With proper …Why on earth would you pay someone else's debt? With proper proof, the Bailiffs can't touch a thing?


no, for our own home! hubby got a bailiff letter as he didn't do his tax return for the company that he was running and his own self assessment so HMRC sent the bailiffs round!
Phsycronix26/01/2020 12:08

I'll admit, I was thinking the very same thing as you. If the DCA only had …I'll admit, I was thinking the very same thing as you. If the DCA only had OP's address on their file, they must have sent MANY letters before an actual visit? Did the OP do like many of us might do and just ignore and bin?


If letters are not addressed to you it’s illegal to open others mail..what they should of done is wrote not known at this address and put back in post box...
Edited by: "Bargainhead" 26th Jan
JumpMan198026/01/2020 09:43

..but you said you told your missus off for leaving door unlocked.. which …..but you said you told your missus off for leaving door unlocked.. which is it?


I tell the Mrs off for leaving the door unlocked, however on that day the door had to be unlocked for the electrician anyway to get in and out, but now this happened the f door gets locked when she's doi g whatever in the house, it's not exactly a great mystery
mutley126/01/2020 12:20

no, for our own home! hubby got a bailiff letter as he didn't do his tax …no, for our own home! hubby got a bailiff letter as he didn't do his tax return for the company that he was running and his own self assessment so HMRC sent the bailiffs round!



Really? Wow. Ooops!
Phsycronix26/01/2020 12:29

Really? Wow. Ooops!


not sure what happened as hubby didn't tell me about it until he got the bailiff letter that they were coming round to remove stuff so it was a bit of a shock. he didn't do the companies house return or his self assessment and HMRC enforced huge penalties and he still didn't pay it. he just put all the letters in the cupboard and never told me until it got to the stage where the bailiffs were coming round.

when he got that he had to file the company return and his self assessment and paid the tax and penalties to stop the bailiffs coming round. it wasn't because he didn't have the money, he just didn't get round to doing the returns even though he received many warning letters and phone calls from HMRC. after that incident, i started to do his returns for him as i didn't want that to happen again!
Post a comment
Avatar
@
    Text

    Discussions