Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I'm new to this site and this is my first post - I hope someone can help me.
Last year I had to drive through the CC zone twice a week and always paid the charge on time. However, in December I was in the process of moving home, and what with all the stress/packing and so on I must have forgotten to pay it on just one occasion.
I moved home in January and had my mail redirected to my new address, but never received any letters from the CC to say I had not paid the charge.
By my own mistake I did not contact the DVLA to tell them my change of address - simply because I was so busy with moving home and working until exhaustion.
Today I drove to a patient's home on a call (I am a nurse) and whilst I was there the door knocked and it was a bailiff. He asked for me by name and said he had clamped my car. He told me it was because of an unpaid CC charge.
He then told me he would unclamp my car if I paid him £570! I was shocked and upset but realised I had to pay so offered to pay him with my Debit card. He then said to me he would charge me an extra 5% for that. I'm on a very tight budget and asked him if I could go to the cashtill to save me the extra expense, and he agreed.
I did explain to him that I had a patient to visit in 20 minutes who needed medicine and if there was a way I could pay later but he refused. He agreed to remove the clamp so I could drive to the cashtill and got in the car with me as we drove to the bank. He left his fellow bailiff in the van parked outside the house.
When we reached the bank there was nowhere to park (all red lines) but he told me it would be OK for me to park there and he would stay in my car, and if a traffic warden came along he would see to it that I wouldn't get a ticket. I thought to myself what a hypocrite he was, but was too distressed to say anything.
I ran to to the cashtill but could only get £300 out. I went back to the car and offered it to him and asked if I could pay the rest later as my next patient needed her medication and I was now late. He refused and said I had to pay the whole amount. I told him I would need to drive home to phone my bank and transfer funds into my current account so as to withdraw the rest from the cashtill. This he agreed on, but en route I told him I must collect my bag from my last call as I needed it for my next patient. He agreed to this and said he needed to get back to his van and colleague anyway who was waiting for him at the address where he clamped me.
When we arrived I rushed in to my patient's house; collected my bag and returned to my car. He was still sitting in the passenger seat and I asked him if he wanted to travel with me in my car or follow me, and he said he would follow me. I pleaded with him to just allow me 20 minutes to stop off to help my next patient with her medication (it was lunchtime and she HAS to take it at regular intervals) but he refused.
By this time I was in tears and in a dreadful state............my client has MS and is diabetic.............and I also saw this month's rent being swallowed up in one huge swoop
He really wasn't sympathetic at all and demanded I pay the money immediately so I drove off with him following me. I knew this £570 would clear me out for the next month too, and as we drove along a country lane towards my home a sudden madness came over me and I put my foot down on the gas and escaped him!:o
I went straight to my next client and prayed he wouldn't find my car (he didn't) and I managed to do the rest of my calls -albeit with my stomach in knots.
I realised this problem needs sorting out and I intended on ringing the CC as soon as I got home. But no sooner had I stepped indoors at teatime whem my phone went and the lady from the house where the bailiff first spotted my car told me that he had been banging on her door at 4 o'clock demanding to know my address. She doesn't know it but she refused to give him my telephone number as he frightened her so much. He told her that the police would be going round to her as I had absconded from him and asked her when I would next be visiting her; she told him Friday and with that he stormed off.
This man is HUGE and menacing and he put the fear of life into this lady - not to mention me!
Can he be allowed to bang on her door like this?! And how is it legal to charge me such an extortionate amount for something that was an obvious oversight (I must have paid hundreds in CC charges last year -surely they must realise it was an oversight - I'm not a serial evader of CC charges!)
Thank you for that link. I've had a look but I don't think any of it applies to me as I am not out on emergency calls.
Whatever, surely this bailiff does not have the right to bang on the door of patient's house and demand her to tell him where I live?! And threaten to send the police to HER?! It's outrageous!!
On top of that, as I have never received any communication from the Transport of London or the bailiff company (and I have checked with my old address where they have told me no letters have arrived for me from either the TOL or bailiff company) it seems strange that the charge has risen so rapidly in such a short space of time.
As an aside, why would a bailiff demand an extra 5% for paying by debit/credit card? If they want cash could it be that they don't disclose their true income to the Inland Revenue? I have heard that a bailiff can sometimes reduce the cost (or come to an arrangement) so maybe some of that cash they receive goes straight into their own pocket. Maybe the bailiff is also ripping off the company he works for - besides extorting money out of terrified people.
Firstly, this bailiff clearly does not have a consciense, this is clearly a case where this forum comes in to its own imo. Had anything of happened to your patient for not receiving the medication then said bailiff would have been in big brown smelly stuff!!!
Bailiff had no right returning to your patients address and this is clearly one of the bad guys whom is their to intimedate only!!! He certainly would not of been able to send the police around either so this is a false statement and done for 1 purpose only (intimidation).
As a current bailiff i am appaulled at this bailiffs behaviour and would suggest a complaint to both the bailiff company ( in writing ) and also the court and council.
As for the money aspect of things 5% fee for paying with debit card is again attrocious, i can understand a fee for credit card but not for debit card as the money is in your account and as good as cash!!!!
I have to say though that the bailiff would not have been able to pocket any money from your good self for his own needs as he would have had to given you a proper companyreceipt and there are measures in place to stop this from happening within bailiff companies.
Good luck and please keep us informed of any progress with this re the complaints as this is totally obsurd!!!!!
Thank you so much for your reply! I will contact the Transport of London today about this, but unfortunately I do not have the nameor address of the bailiff company as the bailiff showed me no paperwork. Maybe the ToL will be able to give me the details of this company?
Out of interest, if this bailiff were to see me walking along the road would he be able to stop and arrest me?
did you see the bailiff's warrant of execution, better yet do you have a copy ?
As I understand it the warrant only allows for distraint at an address and is not free roaming but I stand to be corrected.
As I understand it they do have limited powers of arrest - but well defined and not applicable to these cases.
Indeed correct, we have warrant officers whom are bailiffs first and foremost but occasionly go out and arrest, however in this circumstance i dont feel the poster has any real worries, however it would be best if poster pays the outstanding balance asap, however having said that i cant believe you have been shown no paperwork atall, this is obsurd and gives me grave cause for concern!!!!!!!!
Unfortunately I did not have time today to contact Transport of London regarding this matter.
However, today I have heard from the lady where this incident took place and she told me that this morning her next-door neighbour called at her house and told her that as she was leaving her house in her car the bailiff banged on the window of her car and asked to speak to HER!!!!
He asked the neighbour if she knew me, and she told him that she didn't, and he said I WAS NOT TO BE TRUSTED and should not be allowed into anyone's house!!!!!!
This cannot possibly be legal what he is doing!!!! I have a highly respected job (I am police checked every 3 years') and this must be defamation of character!
I feel SICK with the worry of this and I now fear he will stop at nothing to persecute me.
Please don't misunderstand me......I realise there must be JUST ONE congestion charge outstanding - but his bullying tactics; knocking on neighbours' doors etc is outrageous!!
Who do I do now? He is trying his utmost to destroy me!
You must find out which company this is as without this information you have nowhere to go, could you get a written statement from the neighbour describing what the bailiff said to her?? If so make sure you copy it and keep the original all this adds up to quite something for the bailiff to answer to, basicly he is acting improperly and immorally and clearly needs to be put back before the judge, however its hard to give any further advice without knowing whom or what company are pusuing this!!!!
Frantic With Worry
. He asked for me by name and said he had clamped my car. He told me it was because of an unpaid CC charge.
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It's outrageous!!
Originally Posted by Rob S
