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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
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A Sheriff's Officer, plus a witness say they attended my house

Resolved Question:

A Sheriff's Officer, plus a witness say they attended my house with 'Attachment' papers. No-one was in, and we don't know if they were ever there! To my knowledge we haven't received any paperwork in our letterbox either. They have charged me £106 for this!!! I havechallenged them to prove they were even at my door.
They have also said they identified themselves to a neighbour and asked where my house was. Isn't that a breach of confidentiality? My neighbour will now know that we had Sheriff's Officers looking for us, which is embarrassing and completely unnecessary.
They have also called me several times this week at work.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If you're not in when sheriff officers call they will go to the neighbours and ask if you live there, normally so that papers can be left. They are officers of court and challenging them to prove they were there isn't relevant. They are entitled to certify their attendance and also to seek you out at work or elsewhere so as to execute the order of the court.
I'm sorry that you won't like this advice but the sheriff officers are there on the authority of the court and are allowed to do what they have done.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Hi

So, these guys can say they turned up at your house, can't prove they were even there, and charge me for it? Who knows if they even left their office? The other thing is you haven't really said much about confidentiality. Am I entitled to that? I read in their code of practice that they 'can't embarrass me publicly' and that I am entitled to confidentiality. They broke both rules when they identified themselves to a neighbour and said they were looking for me!!

Expert:  JGM replied 2 years ago.
Yes they can as they act for the creditor. They don't have to justify their actings to anyone except the court.
They are also entitled to establish that you live there by asking a neighbour although they can't tell the neighbour why they're there.
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