My brothers BAILIFF problem.... any help appreciated.

[Br4ndyb00b00]

Hi to you all...

Been trying to sort out my brothers problems, or at least help the matter...

I have a thread already going in the 'store cards' section of the forum, but i think someone in here could probably help too...

My brother suffers from a mental illness, and these bailiff visits are really not helping him at all. Please, when you get a minute, take a read through my thread at the link below, and give advice if you can think of anything!

Any help would be much appreciated by me, my worried mother, and especially my brother.

My Bro VS GE Capital

Cheers

[Br4ndyb00b00]

i_spam ... you seem to be quite an expert!!! any advice you can give me?

Anyone at all!?

[Tristesse]

Had a look at your other thread and I'm very sorry to hear of your brothers problem and not surprised that these bastards are attempting to make him pay what he can't afford.

Ok a few things,
Have you ever let the bailiff into the house?
I'm assuming the bailiff is calling due to the CCJ being issued have you phoned the court and asked them when the warrant was issued, the court is waiting for your N245 i'm very surprised they have sent a bailiff out?
Which Bailiff company is it? Usually has the name on the letter they put through the door.

As was said in the other thread send off for the charges asap. This will put the debt into dispute.

Golden rule here. Never let the bailiff in!

Dear Sirs,

I write in respect to account #xxxxxxx which your company is attempting to levy distress on behalf of CL Finance. As your bailiff has already been informed I cannot afford to make the demanded £125 pcm payment demanded and have submitted my N245 to the court showing this to be the case. I am awaiting the Courts response.
I would also like to make you aware that I have requested a copy of all my statements relating to the above account from your client with a view to reclaiming all unlawful charges added to the account.
Please note this debt is now in dispute and as such your actions must cease immediately until both the dispute is settled and I receive instruction from the court.

I would also like to note that your actions are causing undue stress to my brother (whom I am representing) and only adding to his disabillity problems. This is not in good moral standing and will be reported to Trading Standards.

As you are aware I do not have to let you gain entry to my property of which you are required to peacefully and as such it is in both of our interests that your actions cease.

Yours Faithfully


Don't know if that will work but maybe worth a go.

[Br4ndyb00b00]

Thanks for your reply and the letter...

To answer your quesions.... No, he has never let the bailiff into the house. Due to his condition, he doesnt answer he door or phone to anyone... he gets nervous, starts to panic, and thats where the problems start.
I have found out that the CCJ is lready issued (i have the letters in front of me) and we are sending the N245 form to agree a reasonable amount to pay for this per month. When i phoned CL finance solicitors, she told me the bailiff was there on their behalf. The card the biliff left through the door just says phone MACK urgently on (mobile number). There is no business address, or even company name.
There is however, a letter dating back to August from Thames Credit Limited. This says they are acting as a collction agent for Aktiv Kapital Asset Investment Ltd.
From this letter i gather the GE Capital debt got passed to Aktiv, who now use Thames Credit to collect the debt. Exactly where CL Finance fit in i do not know... all very messy and confusing.

[Br4ndyb00b00]

There seems to be a lot of things i may be able to fight against...
I just do not know how...

1. Surely there are guidelines the bailiffs should follow, and this, i'm sure, would not allow them to hassle anyone with such a mental disability.

2. Burtons themselves can't give any infomation to my brother regarding his account because they hold the wrong date of birth for him! So when we phone, they ask the security questions, and they say we are not answering correctly. (Apparently its been like this from day one)

3. The bailiffs call card does not show any company name, address, etc. Just a forename and a mobile number. This seems very dodgy to me, and surely not alowed.

[Br4ndyb00b00]

just spoke to thames credit ltd... the bailiffs are nothing to do with them... they already have an agreement with my brother and are satisfied it is running well. although they couldnt give more details as i am not the account holder.
so thats them out of the picture!

[Tristesse]

This is very interesting, the bailiff should leave some official letter from the bailiff company which will have all the details on etc.

If I were you the next time he calls phone the local police and inform them as this doesn't sound right at all.

As for Burton's if they have the wrong date of birth this is there problem. If they keep ringing send the harassment by telephone letter in the templates section.

Inform them the next time they ring all communications must be written and that you will not respond to any further calls but will forward details of calls to Trading Standards for investigation. Also tell them you are recording calls.

If companies are not willing to talk to you you can send them a letter giving you authorisation due to your brothers illness. They will then be obligied to respond to you.

Have you consulted the CAB? this is probably the right time to do it regarding your brothers disabillity. If your brother cannot work due to his illness and the circumstances are not going to change look in the template libary for the letter asking creditors to clear the debt to them. (This probably won't work but worth a shot).

Sorry I can't be of any more help

[i_spam]

Fisrtly appeal the judgement by default. As you are the person dealing with the judgement this should have been served on yourself as arepresentaative or you should have been notified. you wll need a n224 and i would appeal asap application would be free for your brother. put this in and it will suspend all bailiff action. you will then get a hearing date by when you will have enough time to get your case together. once you get a hearing date then post on here

[tevion]

something isnt right here. baliffs dont work on behalf of finance companys. they work for county courts. if a ccj is in place and it is enforced then your bro would have been sent a letter to inform him of visit by baliff. this is a legal requirment. county court baliffs work for the courts not firms. PRE baliff visit, PRE means before. im convinced its not a baliff but a debt collector DCA. phone him up and tell him to **** off, if he comes to door, presuming you or bro opens it, tell him the same. even if it is a baliff which im sure it isnt you dont have to open door or let him in but i dont think it is.

[Br4ndyb00b00]

i_spam ... My brother was served the judgment before i got involved... i have only just found out about his financial problems and am trying to help. So i cant appeal the judgment, i dont think!

Tevion ... The ccj is now in place, and when i phoned CL Finances solicitors, they told me the bailiff is from them. And yes it does say PRE-Bailiff on the call card. They basically told me that the only way to stop him coming round is when (and if) the court accept our offer made on the N245 form. If they accept, they are then to tell these solicitors who will then stop the bailiff...
I dont know much about this all mate, this is just what CL Finances solicitors told me... for all i know its complete rubbish.

As for my brother receiving warning letters about the bailiff visit, i can't be 100 percent sure. I dont think he really knows himself. Since all these problms started, he paniced, and it wouldnt suprise me if he had letters and just didnt open them.

[i_spam]

If your brother is not mentally or bodily able then you have a very good chance to have the judgement set aside. Trust me all you need is medical evidence and proof you are acting for him.

[tevion]

like i said, something sounds amiss. put a variation order in to the courts and ask that baliff action be suspended. its up to court to accept offer not finance company and the courts can stop baliff. i dont under stand the PRE baliff bit, some one else might. if anyone turns up claiming to be a baliff in mean time, dont open door or let him in no matt.er what he says or threatens. if the finance company is responsible for this so called baliff, tell them about your brothers illness and tell them you are phoning the papers it may help. also get some medical help as previously advised, try contacting your bros doc, he may contact court or put in report for youtry and get baliffs name and contact court to see if he works for them and if he does make a complaint about his behavior.

[Br4ndyb00b00]

I told the finance company about his illness, and they said the bailiff visits will not stop untill the N245 is agreed by the court. I also told them he papers were sent recorded delivery, and thy just said we have to wait for the courts acceptance and the court will let them know.
I was told by the court that this 'pre-bailiff' does not work for the court.

I will get my brother to speak to his doctor... that could help.

Could you please explain what a variation order is?

[Br4ndyb00b00]

My brother has just had his benefit pay and has given me 125 pound to pay the bailiff. He can't really afford it, and has other bills to pay, but he cannot stand another visit from this bailiff. He gets scared and stressed as soon as anyone knocks on the door, and he realises these visits are not doing his health any good.
So now i need to pay this bailiff, or somehow make sure he never visits again...

any advice on what i should do???

I am working away as of tonight, and wont be home till weekend... so whatever i do, need to do it tonight.

[tevion]

dont pay him any thing. you just said he doesnt work for the court which probably means he isnt a baliff. if he turns up and you speak to him, as to see some id, also ask who hes working for and ask to see the warrant. tell him you know hes not a baliff and you are going to report him to the police. dont let him intimidate you. i know its easily said, but you and your bro have rights.

[Br4ndyb00b00]

zooman, i cannot pm you, you need to delete some messages and make some space.

Tevion... like i said mate.. we really cant have any more visits. I dont think my brother could handle it. And the problem is, he is on his own, and i cant even go stay with him, cause i am working away this week.
I understand what you are saying, but we really must stop the visits no, even if it means paying up.

[tevion]

if you want to pay him thats up to you and i know you are worried about your bro and want things sorted out. if some one comes and you tell them you are not paying them any money and they are not coming in then they may make threats, but probably wont come back cus they know they will be wasting their time. if you pay some one money chances are they will come back again and ask for more so it wont be the end of the matter.

if it is a court baliff and, like i said, i think it isnt in fact im sure it isnt, then it would be up to client to ask court for baliff to return. if it has been a wasted visit, then they probably wont cus it costs them money for baliff visits.

what you do is up to you and others may give you other advice, but i hope it all gets sorted and your bro gets better.

[sef]

I have received a letter from aktiv kapital too regarding a store card i had years ago