Writ at the wrong address despite proof

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Joined: 06 Mar 2018 22:05

Writ at the wrong address despite proof

Post by giles » 06 Mar 2018 22:36

About a year ago I moved into a new rented property. Not long after moving in I got a visit from a field agent for EON chasing an unpaid debt for energy relating to the previous tenant. Over the next few days I emailed the field agent (an EON employee, not a bailiff) several times with relatively friendly back and forth, resolving the situation - after all it's not my debt. To this end I sent EON a copy of my tenancy agreement, and they accepted this as proof that the debtor no longer lives here. Having seen how long it took my mum to get an energy company off her back for somebody elses unpaid bills, I asked for the following to be confirmed (this is copy and pasted from my email);
So can I just confirm (because my mums had a nightmare before with previous tenants unpaid bills) that;

A) there will not be any continued debt collection or enforcement at my address for the previous tenant,

B) the action outlined in the letter regarding prepayment meters being fitted at the address with the use of a warrant will categorically not happen with regards to this case

C) the debt outlined in the letter, any additional monies due up to my own move in date, and any fees relating to bailiff visits or court action etc are not my responsibility nor concern

Sorry if this seems paranoid, but I've seen these types of cases go on for far too long and just want to confirm my position so I can sleep tonight :)
And later that same day I got a reply, again I'll copy and paste it directly from the email:
No it isn't paranoia, I appreciate your concerns and would probably do the same myself.

I can confirm that;

a) no further debt action will be taken at your address in regards to the previous tenant

b) we will categorically not be proceeding with any debt action involving the force fit of prepayment meters at the address with the use of a warrant in regards to the previous tenants account

c) the debt which was outlined in the letter of intent dated 16th March 2017 (addressed to the previous tenant), and any fees relating to bailiff visits or court action and any additional monies due up to the move in date of 17th February 2017 for yourself are not your responsibility or concern.

Hope this clarifies the information you requested.
A year or so later, I got a hand delivered letter addressed to 'Occupier of XXXXXXXXX'

Inside was a letter addressed by name to the previous tenant, from Marston about the debt. I'm assuming this is in effect the notice they have to give prior to enforcement. They have obtained a high court writ at this address and are going to now chase the 2k+ debt.

So, a few questions. I have some idea of the process, I've used the small claims system many times at work, and have done quite a bit of reading, so have some ideas of what I'm planning to do but could do with some order to my thoughts.

1) At the time EON took this to small claims court, they already had proof that the tenant was not at this address.
2) I was given written assurance, from an EON employee, through an EON email address that no further action would be taken at this address, and clearly it has.
3) Technically not my concern, but having flicked through some of the procedures that enforcement officers must adhere to, the notice they left at my address does not state what the fees to date are - there is a box for this but it was left blank. I'm assuming the letter I received is a standard Marston letter that other people have also seen. I still have the original.
4) The letter states that they may re-attend my property and force entry with a locksmith. They have not gained entry to the property before, and have no permission to do so. Taking control of goods national standards published by the MOJ, section 20, first bullet points states that;

Falsely implying or stating that action can or will be taken when legally it cannot be taken by that agent

5) Does the hand delivered letter breach the data protection act potentially? It was addressed to the occupier, but all the details in the letter are for the previous tenant, who is named, what the debt is for etc. I don't know if this is usually the case, but given that EON already had proof that the debtor didn't live at this address, I would have thought the DPA kicks in.

I did reply to the last email I sent to EON last year to notify them of this, they simply responded by saying that I should deal with the agents. I don't have a council tax bill to hand (all online, don't know my login) and at this point, EON have annoyed me so much after I specifically got reassurance in writing that this situation would not happen, that I'll put an unreasonable amount of my time in now taking action against them. Also I kind of enjoy it as weird as that sounds.

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Schedule 12
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Re: Writ at the wrong address despite proof

Post by Schedule 12 » 07 Mar 2018 07:44

The short story of this is you don't need to take any action and dispose of the paperwork accordingly.

If you get bailiffs turning up, keep the chin on the door. Just tell them the person is the previous tenant and show some form of photo ID and tenancy agreement, (do not let the bailiff hold it) and the bailiff will leave you alone.

If the bailiff carries on pestering you, then call police on 999 reporting a robbery in progress and give your address. Start recording everything on video using your mobile. The police will check your ID and tenancy agreement along with the bailiff's documents and will escort the bailiff to the edge of the property. The bailiff can only execute a writ against the person named on it. That is not you.

If the police expose you to a loss or threaten you, then contact me with your video footage. I can pass your case to a solicitor specialising in bringing action for police malfeasance.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

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