Hi, hope that someone can help with some advice here.

To cut a long story short, I have had an ongoing dispute about some charges from a lease company when the car was returned to them a couple of years ago for non existent damage and excess mileage.

They filed a claim in the court to which I defended during a period that I was moving house.

We were for a short period of time in a hotel before we could move into our new house and a post redirection was set up briefly to my Fathers home.

When we moved, the redirection was then amended to my current address.

During this time a letter from the court has been lost, I had not been aware that there was a date set and carried on as normal. The last thing I knew was the claimant was to pay a fee or the case would be struck out.

Last week my Father (pensioner) was at his home and had two HCEO bailiffs on the doorstep. They had clamped his car and told him that they were removing his goods to pay for my debt which was £5000. My Father not knowing what to do has paid them over £8000 to leave.

I have never lived at my Dads address and after getting a copy of the writ from the court the only address mentioned was my old address.

I have complained to the bailiff firm but they have a process of 28 days to resolve, I need him to be refunded now, this should not have happened and so many rules have not been followed.

How would I go about this quicker.

Please ask any questions as determined to sort this for him, he has become sick as a result of this.

Meant to mention that this is DCBL

Do a chargeback

Last week DCBL turned up at Father'e house (who is a pensioner) and at a place I have never ever lived or been linked to and clamped his car. They made him pay over £8000 as they were levying goods and quite honestly bullied him.

How can they visit somewhere or someone not named on the writ?

How can they treat an old person like this?

How can they levy on goods that are not clearly connected to me?

How can they take payment from someone that is not named on the writ?

I really am not sure where to go with all this, it has put my Father in a deep depression

Sorry, what is a chargeback? With the card provider?

Do a chargeback

In this instance not a good idea, they will return & just remove goods. Then the process will begin about making a claim for the goods which could be protracted.

I certain aspects I can understand that but not in this case??

the payee was not the named debtor and the named debtor has no assets there at all and never had.

dx

I said the above because it will be easier to be able to do this without the threat of another knock on the door. While I appreciate your dad is £8k out of pocket at present. The problem you have is do you actually owe the money? It would appear that maybe a Default Judgment has been obtained against you possibly from an old address. Whilst it is true that you could apply for Set Aside on these grounds you could also just be swapping one CCJ for another if you do not have a good defence against the original claim.

Because no payment was made your Claimant transferred the matter to the High Court for Enforcement which is how DCBL have got involved. In turn they should have sent a Notice of Enforcement first warning payment was needed before a visit was made. Unfortunately DCBL have form for allegedly not sending the initial Notice out and when attending charging for 1st Enforcement, 2nd Enforcement & Sale Stage Fees all at once. If you have contacted DCBL then you should have asked for a breakdown of all the fees charged.

There are a couple of routes open:

a - with regard to what is said above you could apply for Set Aside and if successful then not only will this reset the Claim back to the beginning but all enfocement fees & charges must be repaid.

b - argue with DCBL over the fees charged - if you think you will be on dodgy ground for Set Aside

c - ask for a Detailed Assessment about the fees where DCBL can be forced to justify what they have charged.

I certain aspects I can understand that but not in this case??

the payee was not the named debtor and the named debtor has no assets there at all and never had.

 

dx

In most cases I will agree but given who we are dealing with it is a different matter.

yea that's the elephant in the room isn't it

play by their own rules everytime.

yea that's the elephant in the room isn't it

play by their own rules everytime.

Not a very helpful reply unfortunately. DCBL will go down the voluntary route and possibly paying on behalf of a family member.

bet their body camera footage will prove otherwise..

find the bit that's gets them saying..well you could pay this off on behalf of XXX but you don't legally have too..

you know and I know they pulled a fast one here.

and all this happened whilst you did nothing to intervene?

HE needs to go to court as what was called an interpleader ( new name same process for a couple of years now) with proof of all of the above. He will get his money back

bet their body camera footage will prove otherwise..

 

find the bit that's gets them saying..well you could pay this off on behalf of XXX but you don't legally have too..

 

you know and I know they pulled a fast one here.

Requesting a copy of 'body worn' camera footage is far from simple and even more so, in the case of DCBL.

In the first instance, the request would need to be made by the OP's father.

It is known that DCBL will make excuses for not providing a copy. Only a few days back I read a response from them where they claimed that the footage is only retained for Health and Safety and training purposes and that once viewed but their company, is destroyed after 7 days.

My understanding is that their reluctance to provide a copy is down to the fact that DCBL do not own the BWV's. They (and the footage) are owned by the TV/production company.

Coming back now to requests for BWV footage from other companies. Until about a year ago, it was the case that a copy of the footage would be provided on request. Because of the extremely high number of these videos that end up being uploaded onto YouTube, it is more commonly the case that a bailiff will be instructed to visit the debtor so that he can view the footage on a mobile device (iPad for example).

Sorry, what is a chargeback? With the card provider?

Any request for a 'chargeback' would need to be made by your father and given that a period of approx a week has already passed, I would doubt that he would be successful. If the payment was made by credit card.....he would stand a better chance.

Hi, I had no option to intervene as I live nowhere near my Father and I only learned of what happened after the event.

Just to add to this, they clamped a car that was on finance and a DVLA check would prove was not owned by me, they did release the clamp before any money was paid but were rummaging around his house apparently writing serial numbers of items down, they told him a van was 20 mins away but also when they first arrived said that they were looking for someone with an entirely different name. It was when he proved that he was not a "smith" for example that they actually said they were looking for someone with my surname which I share with my Dad.

They also did not have his address on the writ and to be frank it is quite obvious that nothing in that property would be mine. He felt bullied and towered over and he is a pensioner whom has never had anything happen to him like this before.

If he did the chargeback, they do now know that I am not present at that address, how would they be able to reattend, he did not sign any documents and was left with a piece of paper that has charges all the different stages of collection which he has paid, not once did the bailiff ask to speak with me or even mention me at any other point.

He has also complained to the company and bailiff as have I, I do admit I owe a small portion of this money(around 1000) but this has been an ongoing battle for some time

Surely he has come back for chargeback as this was misrepresentation

Hi,

I had no option to intervene as I live nowhere near my Father and I only learned of what happened after the event.

Just to add to this, they clamped a car that was on finance and a DVLA check would prove was not owned by me, they did release the clamp before any money was paid but were rummaging around his house apparently writing serial numbers of items down, they told him a van was 20 mins away but also when they first arrived said that they were looking for someone with an entirely different name.

It was when he proved that he was not a "smith" for example that they actually said they were looking for someone with my surname which I share with my Dad.

They also did not have his address on the writ and to be frank it is quite obvious that nothing in that property would be mine.

He felt bullied and towered over and he is a pensioner whom has never had anything happen to him like this before.

If he did the chargeback, they do now know that I am not present at that address, how would they be able to reattend, he did not sign any documents and was left with a piece of paper that has charges all the different stages of collection which he has paid, not once did the bailiff ask to speak with me or even mention me at any other point.

He has also complained to the company and bailiff as have I, I do admit I owe a small portion of this money(around 1000) but this has been an ongoing battle for some time.

The payment was done by a credit card and my Father can prove that this was paid due to misrepresentation surely?

How did DCBL come to have his address on the debt and did they have yours ?

I have absolutely no idea where the address details came from other than that we had redirected mail there for a couple of months, then amended and redirected for a further four months to where I live now.

Never been on the electoral register even in the county where my Father lives and my credit file has never been connected to there either

DCBL had my old address on the writ and that was it,

I called the court to get a copy of it which I have and no address other than that one is listed.

I am not hard to find, am on electoral register here as well as credit file reporting me living here (banks etc)

Colz24 already has a thread going on the main Bailiff section.

 

Just to add to this, they clamped a car that was on finance and a DVLA check would prove was not owned by me, they did release the clamp before any money was paid but were rummaging around his house apparently writing serial numbers of items down,

It would not be normal to run a DVLA check at the time of the visit.

If your father had refused entry, I doubt that any payment would have been made but hindsight is a wonderful thing.

Has your father called his credit card provider?

Is the judgment against you registered at your father's address?

this story gets more amazing by the minute, good it was a credit card

ive moved posts from another thread relating to this here too.

dx

Wouldn't have thought it could be registered to Father's address if mail was simply re-directed. Perhaps DCBL did a faulty trace, they are not the sharpest chisels in the box.

Sorry for starting two threads.

He has started to do a chargeback under false representation, as that is what they have done.

They never listed any items and I do not live there and if they turn up again then he just needs to call the police (they told him that after the event). He feels like he has been burgled and is very depressed, hence me looking to make this right.

Should I report this bailiff now are after the compliant is responded to.

BTW they also said to him that they are from the TV programme and that the cameras were not with them today but can be in future!!