Why would a private investigator want to talk to you?
October 25, 2023 - Reading time: 7 minutes
Private investigators are often associated with monitoring people by hiding in bushes and from behind tinted windows, but it is sometimes helpful to interview people and reveal the true nature of an investigation while making inquiries. Chances are, if a private investigator is trying to reach you, you might know something which could be helpful to them. A PI may want to contact you with the consent of their client for a variety of different reasons.
It isn't necessarily bad to have a private investigator contact you. You might be able to help someone else if you cooperate, or even help yourself. Let's go through some of the most common motives for a private investigator to contact you:
1. You are getting a divorce, being sued, or are involved in a child custody dispute
An independent third party may personally deliver certain legal documents such as claim forms, statutory demands, bankruptcy petitions and documents relating to family court proceedings. Restraining orders are also served on a regular basis.
Many private investigators offer process serving. A private investigator who asks to enter your home or workplace and then leaves with papers is likely to be one of them. If a private investigator approaches you and asks you to identify yourself in public, they're likely there to hand you papers.
You can choose to avoid being served. You can temporarily stop the process server from delivering legal papers by hiding in a private property. It is important to realize that doing this will serve as a complete waste of your time. You will be contacted by the PI in person and the papers can be left at your feet.
2. Someone you might know is missing
Certain cases require more discretion than others... We don't need to be as discreet when looking for a lost person as we would in an investigation into a husband or wife that is cheating on their partner, for example. It can be beneficial to let others know that we are searching for someone, especially as many people are missing and don't know it.
In order to find a missing person, it may be necessary to search public records, as well as, depending on the permissions granted, joint bank accounts, email accounts, and any other personal information. Though the information gathered through these sources is rarely enough to reveal the exact location of a missing person, it can still be used to link people to those we might want to interview.
You should cooperate if a private detective asks to speak with you about a missing person, as doing so could help someone to locate a lost friend or family member.
3. You owe someone cash (or someone you know does)
Tracing debtors is an important part of our work as investigators. A private investigator may call you if their client provided them with your number to get more information. If you do not want to, then there is no need to identify yourself or cooperate.
As in the case of process serving, being on the heels of a PI is not an advantage. In these situations, we might be biased but recommend accepting defeat graciously. Alternatively, know that the only effective defence against one good private investigator is hiring another to conduct counter-surveillance.
4. You previously expressed interest in hiring a private investigator
Private investigators operate the same as any other business. To keep the business moving, we need to follow-up on leads from clients. Don't be surprised when a private detective tries to contact you if you have contacted them via social networking, or their online contact form.
Before they begin working on your case, a private investigator might want to talk with you in depth. Often the key is in the details and a PI is likely to request as much information as possible about your situation.
You should discuss your goals with the investigator to make sure that they can assist you in achieving them. You can get a free consultation and quote from a quality PI before you pay any money.
5. You are the subject of background screening
You may have had an interview for a new job and not heard anything back. A private investigator is now trying to contact you. A detective may be trying to conduct a background check, and this might cause a delay. Many PIs include this service in their investigative services. You have nothing to fear by cooperating if you don't have anything to hide. If it's for a background investigation then you may even gain by complying with the investigator.
6. You work in law enforcement
As private investigators, we sometimes uncover illegal activities, even though criminal investigations don't typically fall under our jurisdiction. We are always accountable and report any relevant information to police. They may have information on ongoing crimes if they are trying to contact you as a police officer.
7. You have inherited money
If you are named in the will of a deceased person, then the executor or administrator will need to track you down in order to make sure you are given your share as allocated. In such cases a private investigator may be called in to track down any beneficiaries. As private investigators, we are often instructed by our clients to locate individuals, and if beneficiaries need to be found then we can offer a fast and cost effective solution in most cases.
You have only two options when a private investigator contacts you: either cooperate with them or hire your own investigator. It's possible to try and avoid them but this is unlikely to be successful in the long run.
Related articles
How we help serve statutory demands & bankruptcy petitions
October 20, 2023 - Reading time: 6 minutes
When faced with the challenge of recovering owed money, regardless of the amount, it can be highly frustrating. In order to reclaim your funds, you must provide evidence of the agreement made with the debtor, which often involves following a legal process.
This is particularly true when dealing with larger sums. If your attempts to communicate with the debtor have been unsuccessful, you may need to resort to sending them a statutory demand, followed by a bankruptcy petition. It is crucial to demonstrate that these documents have been received, and this is where process serving becomes essential.
What is a statutory demand?
A statutory demand is a legally binding document that is sent to a company or an individual who owes money. It outlines the amount owed and allows the debtor 21 days to respond. Their reply may involve agreeing to make a payment or proposing an alternative arrangement, such as a repayment plan.
There is a third option available: the debtor can request for the statutory demand to be 'set aside'. In this case, they are contesting the validity of the debt, claiming that it has already been paid or that they are not responsible for it for another reason.
If the statutory demand is set aside, it means that the debtor is seeking a court hearing. The demand is put on hold until the hearing takes place, during which a judge will determine whether the money is truly owed. If it is, the judge will enforce payment.
What about a bankruptcy petition?
If a debtor disregards the statutory demand, then you have the right to serve them a bankruptcy petition to compel them into bankruptcy. However, in order for this to be possible, they must owe you more than £5,000. This doesn't automatically mean they will be declared bankrupt; instead, you, the creditor, must petition the court, aiming to prove that the debtor is unable to repay their debts for some reason.
If successful, the debtor will be declared bankrupt. Their assets will be seized and sold to partially repay you, and they will be listed on the insolvency register. Depending on the rules of their employment, they might also lose their job.
It is important to personally serve both the statutory demand and the bankruptcy petition to ensure that the debtor receives them. Without evidence that the debtor is aware of the debt and your pursuit of repayment, it will be challenging to recover your money as the court may dismiss the case.
Serving these documents in person demonstrates to the courts that the debtor is well aware of the debt and has made no effort to come to a repayment agreement.
This is where a private investigator can be of great assistance. If you need to serve a statutory demand or a bankruptcy petition to an individual, you or your solicitor may prefer to engage an experienced private investigator to carry out a process serve.
What is process serving?
Process serving involves serving legal documents to an individual in a manner that adheres to all applicable laws. Private investigators are knowledgeable about what they can and cannot do in order to ensure proper service and protect you from legal trouble when your case eventually reaches court.
Private investigators are also highly skilled at locating debtors who are attempting to evade detection. When confronted with significant debts, many individuals go into hiding, seeking shelter with family or friends or abruptly changing addresses and finding temporary accommodations they believe cannot be traced.
However, private investigators excel at tracking down elusive debtors through various methods of investigative research. At Private Investigators UK, we understand the boundaries set by the law and strictly adhere to them, while using all available means to locate the debtor. We may serve them at their residence, workplace, or even during their regular travel routines.
Furthermore, we take great care to properly document any necessary signatures or statements, ensuring that the delivery of the statutory demand or bankruptcy petition is accurately recorded in a manner that is admissible in court. While employing a process server may entail higher costs than simply mailing the documents, you can have confidence that the recipient cannot evade them. Utilizing a private investigator as a process server is more cost-effective, as it significantly increases the likelihood of receiving payment.
We provide comprehensive process serving services, extending beyond the handling of statutory demands and bankruptcy petitions... Our expertise covers a broad spectrum, including serving divorce papers, non-molestation orders, and various other important documents. We cater to both individuals involved in specific cases as well as solicitors managing a substantial caseload.
We offer free quotes for all work. When getting in touch with us for a quote, please be sure to specify the location (post code) that you require us to work at, along with any other details relating to your case. We will do our best to assess the situation and provide a free, no obligation quote.
Is My Tenant Subletting My Property Without Permission?
October 14, 2023 - Reading time: 6 minutes
If you are a landlord, then it is obviously important to be aware of who is residing in your property. However, situations may arise where your tenant is subletting the property without your permission, leaving you unaware of the subtenant's identity. This can lead to various problems.
Unauthorised subtenants pose a risk of property damage and can make it difficult for you to access the property for maintenance and repairs. Furthermore, your property could be transformed into an illegal house of multiple occupation (HMO), potentially resulting in legal consequences.
At Private Investigators UK, our team of private detectives specialize in conducting occupancy and residency checks. In this comprehensive guide, we will address the issue of unlawful subletting and explain how hiring a private investigator can be of assistance.
What exactly is subletting?
Subletting occurs when your tenant rents out all or a portion of the property to someone else. This individual is referred to as a subtenant, and the original tenant becomes their landlord.
Subtenants possess exclusive rights to the room(s) they are renting and pay rent to the primary tenant. Typically, a tenancy agreement is signed by the subtenant before moving in.
With property prices and rents at an all time high, subletting a property without permission from the landlord can prove to be very lucrative. In some cases a property will be sublet to tenants on a long term basis, however we have also observed cases where properties were being leased out on a short term basis using rental websites and apps such as 'Airbnb'. Short term rentals can often prove to be even more profitable for the tenant.
If you suspect that your tenant is subletting without your consent due to indications of additional occupants, it is critical to conduct a thorough occupancy check in order to determine whether this is indeed the case or if the individuals are genuine guests of the property. Our skilled private investigators can assist you in this process.
Is subletting illegal in the UK?
While it is not strictly illegal for a tenant to sublet a privately rented property in the UK, they must obtain permission from the landlord to do so.
Unlawful subletting can create numerous challenges for landlords, including:
1. Failure to verify the subtenant's identity, employment status, or income.
2. Failure to check the subtenant's immigration status in the UK.
3. Inability to assess the subtenant's rental history and determine if they have previously maintained properties in good condition.
4. Lack of contact details for the subtenant, making it difficult to arrange property access for maintenance or inspections.
5. If an unknown subtenant causes damage or engages in illegal activities, it will be challenging to track them down once they vacate the premises.
Most significantly, if multiple subtenants are occupying the property, it could be classified as an illegal HMO. In the UK, an HMO (or 'House of Multiple Occupancy') is defined as a dwelling where at least three tenants form more than one household and share facilities such as toilets, bathrooms, or kitchens. HMOs must be licensed and adhere to strict standards to prevent overcrowding.
If your tenant is subletting to multiple individuals without your knowledge, your property may be operating as an illegal HMO. Consequences of such a situation include the voiding of insurance coverage and potential legal prosecution. The penalty for letting an unlicensed HMO is an unlimited fine, often amounting to tens of thousands of pounds.
Identifying whether your tenant is subletting can present challenges. However, there are some signs that may indicate subletting is occurring:
1. Locks on individual rooms despite only renting to one tenant.
2. Regular presence of individuals other than the tenant entering and leaving the property.
3. Receipt of mail addressed to someone other than the tenant.
In the event that your tenant is subletting without your permission, they may be breaching their tenancy agreement, providing you with legal grounds for eviction. While you cannot directly evict a subtenant without a legal agreement, evicting the primary tenant will result in the subtenant being required to vacate as well.
How to prove that a tenant is subletting?
Proving that a tenant is subletting can be challenging, as they may claim that the subtenant is merely a visitor or non-paying guest. This is where Private Investigators UK can assist. Our team of detectives can help to check and gather evidence that your property is being sublet.
To gather evidence and confirm your suspicions, it is advisable to seek the services of a reputable private detective agency. Our highly skilled agents employ a range of professional covert surveillance techniques to conduct residency checks. In the event that individuals other than your tenant are residing in your property, our experts will obtain concrete evidence that can be utilized in court to take legal action against the tenant.
Can Evidence from Private Investigators be used in Court?
October 8, 2023 - Reading time: 6 minutes
Yes. Private investigators can gather evidence which is admissible in a court of law, subject to the discretion of the judge. In order to ensure that our reports meet the standard for court admissibility, we must follow specific practices and procedures. However, it is important to note a few exceptions and considerations related to the admissibility of court evidence.
Gathering evidence for use in court is a delicate matter which should only be handled by an experienced private investigator. When it comes to checking on a person's activities through surveillance, for example, one simple mistake could lead to the subject being tipped off, which might ruin any further efforts to surveil them. Experience is often key when it comes to gathering solid proof during investigations while remaining discreet and within the strict confines of the law.
Gathering Information Legally
Maintaining the admissibility of evidence requires adhering to strict legal guidelines. All competent private investigators will be trained and versed on acceptable practices. Any evidence obtained through illegal means, such as trespassing, hacking, intimidation, or other unlawful methods, will be rejected by the judge. Furthermore, presenting such evidence may expose the investigator to legal consequences.
Changes in Accessing Internet Data
The enactment of the Investigatory Powers Act (2016) brought about changes in how we access internet data... While responsible data handling has always been a priority, this Act has further tightened restrictions. Irresponsible data handling is now considered a criminal offense and has somewhat limited the range of permissible actions for PIs.
Clarity and Precision
When private investigators compile evidence, we prioritize producing a final report that is clear, unambiguous, and easily comprehensible. A report that allows for a broad range of interpretations will not be accepted by the judge. Therefore, we employ precise and detached language, presenting documents in a well-structured manner.
Improving Evidence Quality
Although evidence does not necessarily have to be irrefutable in order for it to be admissible, enhancing its quality greatly contributes to its acceptability in court. Therefore, we ensure that all photo and video evidence is recorded at the highest possible quality, as well as being time and date stamped, limiting the potential for interpretation and providing transparent information for the court's reference. In some cases metadata can also be utilized as further proof.
Importance of Clear Footage
In cases involving surveillance for personal injury or infidelity, it is crucial that the footage clearly depicts the relevant events. Mere visual evidence of a subject carrying a box, for instance, does not necessarily prove the extent of their injuries. Consequently, the footage must explicitly demonstrate the contents of the box for accurate assessment. Further context can be added by documenting the subject's total activities during one day or session of surveillance; as well as their activities over a longer period of time.
As much evidence as possible should be gathered and presented to the court in order to build a strong case.
Polygraph Tests and Admissibility
In the United Kingdom, polygraph test results are typically not admissible in court, neither in criminal trials nor during civil proceedings. However, there are countries where lie detector results may be permitted in court. In these countries their administration must usually be conducted by law enforcement agencies. Polygraph reports constitute an exception to our usual standard practices in the UK.
Common Reports Used in Court
Child custody cases are one of the most common situations in which private individuals engage the services of private investigators in order to gather evidence for subsequent court proceedings. In such cases, both parties will seek to present a compelling argument for the child's best interests. In order to ascertain the circumstances when the child is in the care of the other party, a professional private investigator can help to conduct surveillance.
Divorce cases may also benefit from surveillance based investigations, in order to prove that infidelity has taken place or to gather evidence of the other side's nefarious behaviour.
For our corporate clients, surveillance is most often used in cases which involve claims of personal injury... If a claimant is thought to be exaggerating or fabricating an injury then surveillance can act as a cost effective and powerful tool; in many cases quality surveillance can ultimately lead to a personal injury case being thrown out or withdrawn.
If our client needs to serve court paperwork or documents in the UK, then we can help by acting as a process server. As an independent third party, we offer impartiality and can help to ensure that the documents are served swiftly and in the proper manner.
Private Investigators UK
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