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dangermoz | Can a debt collector break down my door and seize my stuff when he's collecting debts of a previous tenant? |
last week my son signed a tenancy agreement to move into a priovately rented house. In the house is post for a previous tenent. A debt collector has now contacted him saying he is collecting on the previous tenant's debts and that he has the right to enter the property and seize my son's possesions. Is this right and what should he do? |
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Wendy H
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Your son needs to contact the agency and ask them to inform them that they have the wrong person. Unless the Bailiff has a walkin in order he cant enter the home unless invited.
Do not open and talk to them at the door in case they try and force entry, talk to them through an open window and give them the telephone number of the letting agents who may have the old tenants address.
What bailiffs can and can't do
If County Court bailiffs come to your home, you don't have to let them in.
They can't force their way in on their first visit, but they can enter through an open window, or an unlocked door. Forced entry includes pushing past you once you have opened the door to them or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.
Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant.
Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry.
Negotiating with bailiffs
You may negotiate with bailiffs to pay some or all of the debt there and then, so they leave without taking anything. If they accept any payment from you, you'll need to make sure you get a receipt. Bailiffs may be willing to take part in a reasonable negotiation (subject to legal and contractual constraints) - only make an agreement if you can afford to stick to it.
It's likely that the bailiff's fee and expenses for each extra visit will be added to the debt you owe - you may ask for details of these at any time, and fees can be disputed. If you have questions about a bailiff's fees and expenses it's best to get advice - see 'Where to get help and advice' below.
Debt collectors
Creditors may use a debt collection agency to ask you to pay off the debt.
Debt collectors aren't court officials and don't have the same powers as bailiffs. They can't enter your home or seize your possessions. |
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welshbloke
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He's not allowed to seize your son's possessions. It's similar to a debt collector trying to take the TV when it's rented!! It's a no-no.
Your son needs to speak to Citizen's advice, he also needs to be on hand and phone the police immediately the debt collector tries to enter. The debt collector can only seize goods that belong to the person the judgement has gone against, and he knows that. He's just trying to bully his way to a result. |
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Debbie
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No the collector is just blowing smoke. A landlord can't even enter a tenants home without the tenants permission. The next time the collector calls let them know that the person they are looking for no longer lives there. Tell them to not contact you again and if they do you will press charges for harassment. Tell them the call is being recorded for your protection. Even if it isn't they don't know that and should be more respectful out of fear. I don't really understand what you mean by "post for a previous tenent" but if the past tenant has left something that is repossessable then your son should just turn it back over to them. The only way they could enter his home would be throught the courts with a search warrant. And if this collector continues to harrass your son he needs to report them to the Attorney General of your state as well as the Better Business Bureau. |
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kinning_park
 |
If he knows the previous tenant is no longer there, which he appears to, then he doesn't. In any case, he has no right to break in, even if the previous tenant were still there ; he only has right of 'passive entry', that is, if there was a window open and no one home, he could enter through it, but he cannot force entry. He may be accompanied by a police officer, if a bailiff, but the police officer has no right to insist on entry either, he would only be there to prevent any breach of the peace.
Tell the debt collector he has no such right to force entry, and that if he attempts it, you will call the emergency services.
EDIT
Be aware that, once a baillif has been invited in, even if only to do something unconnected with the debt, like using your toilet, or gained passive entry through an open window, he has the subsequent right to force entry in pursuance of a debt. Therefore, do not invite him in, even if he says it's for something unconnected. |
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ascoile
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He's bluffing,
call the bluff then seek damages if he tries. |
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PJ
 |
No, he cannot do that. Your son does not owe the debt. |
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Morph
 |
ring the police , that would be theft. |
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Mrs M
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NO. Your son can not be held accountable for someone Else's debts. his has happened to me in the past and I am very aware of my rights in that department. The debt collector can not enter the property unless invited in, and does he show up, call the police emideately. He has no right harrasing your son what so ever |
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Smurfette!
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No he cannot do this. Your son needs to call the police and report this bailiff for harrasment. He should contact the landlord and to be honest I would refer the bailiff to the landlord in this instant
xx |
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Neil B
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don't let them in. if they try to force entry, phone 999. its aggravated burglary.
they have no right of entry without a warrant and a police officer. and if its not your debt, they wont get one. |
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Adultwork
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dont let the collectors in, just tell them the facts, if they attempt to gain entry then contact the police, this is classed as burgulary.
Debt collectors think they have some form of power and will try scare you regardless and not take excuses, this is due to the amount of people who say the person they are looking doent live there when they do.
Be strong, tell em to f**k off!!
<3
Adultwork
sorry for the language but they tried the same with me, an ex bf who lived with me owed them money they forced thier way in and took my tv, i called the police and they were pretty helpless they said it was a civil matter.
Call the police before they get in and leave.
debt collectors infuriate me, they still call my phone harrassing me. |
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nosdda
 |
That is absolute rubbish. Your son is in no way responsible for any ones debts except his own. Tell this collector that if he touches any of your sons possesions, you will call the Police and have him charged with theft and harassment. |
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C Warner
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Your son cannot be held responsible for another persons debt, even if they are in the same family.
For a debt collector to seize goods they must have a court order allowing them to do so and the order will always be in the name of the person who accumulated the debt.
If i was you i would get in touch with the citizens advice bureau and a solicitor. There should be a strict set of rules and guidelines for a debt collector to follow. |
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Courtney's mummy
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No he cannot do that. Tell your son to ring his landlord and explain the situation or ring the police. And make sure he has his tenancy agreement to hand with the date he moved in. That way there is no argument over whether he is lying about not being the one who owes the money |
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jen1969@btinternet.com
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no they can not tell him to tell them he is calling police if they turn up |
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Gertie
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No they cant do that your son needs to contact his local authorities |
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alta
 |
Oh another bully boy. Defiantly not, write to the debt office stating you moved on such and such, the previous tenant has vacated on ( if you know the date). and if there is any further harassment or attempts to enter YOUR property, you will be contacting the police, and taking further action through the courts. Ask that they reply with-in seven days with a confirmation letter to that effect.
Turn the tables on them, many of them a bullies, that give the good ones a bad name. |
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lindybug
 |
no he can not do that to you as its not your debt |
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Kim H
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know thy cant do that at all, the only way is a peace of paper of the law that's said thy can come and get whats worth that you own but if you say 2 them you can only pay back so much thy have 2 expect it, so please try and do that you dint what them on your back, if thy do try and start with there coming in and all that at your door phone the police i hope you can get this sorted without them on your back, which you can if you offer them some money back, good luck i hope you get it sorted not nice,x |
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jazzhd
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cant be right can it, if i recieved that letter i would be waiting with about 5 rotweilers and a couple of dobermans haha and when they came i would say hey i dont mind but ya gotta get through the welcome party first haha |
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Christopher W
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no needs a court order |
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MariaT
 |
I own my own home and my son lives with me still. He keeps taking out short-term loans and quite often I end up helping him pay them back. I've had enough and told him I wont be doing this anymore. If he continues and defaults on any loan, how do I stand as he still lives with me. I dont want to loose my home or have baliffs calling for my stuff to pay off his debts. Can I be held responsible for any of his debts at all as he lives with me? |
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