Drakes Bailiffs PCN Fine - attempted forced entry + caused damage, police refuse to act.

[seylectric]

The major problem is that regardless of what the law says and although we know more or less what they can and can't do, as this thread shows they do it anyway and given that the police are not interested we have little if any protection against the bailiffs breaking the law.

 

For example my car should not have been taken a few months ago by the finance company because thery didn't have a court order. But having called for police assistance, all I got was threatened with arrest if I didn't get out of the car and allow them to take it.

 

On this occasion bailiffs tried to force entry and damaged the property in doing so. Again the police took no action. In fact I'm almost grateful! Given what happened with the car, I'm almost surprised the police didn't force me to let them in!

[Renta Mouth]

Sorry I didn't read the thread,

 

For example my car should not have been taken a few months ago by the finance company because thery didn't have a court order. But having called for police assistance, all I got was threatened with arrest if I didn't get out of the car and allow them to take it.

 

With some types of finance agreements they don't need one. The car is theirs until its paid for. Especially true with hire purchase agreements.

 

On this occasion bailiffs tried to force entry and damaged the property in doing so. Again the police took no action. In fact I'm almost grateful! Given what happened with the car, I'm almost surprised the police didn't force me to let them in!

 

You can bill the creditor that instructed the bailiffs for the repairs to your property. Just file it in the small claims track, don't even bother asking the bailiffs you will be wasting your time. Theres no provision in the DCV Act that enables bailiffs to cause damage to anything.

 

Liability for damages caused by a bailiff is with the creditor. It's up to the creditor to charge it on to the bailiff.

[seylectric]

With some types of finance agreements they don't need one. The car is theirs until its paid for. Especially true with hire purchase agreements.

 

Huh? Not according to the HP agreement I had! It quite clearly states:

 

"REPOSSESSION: YOUR RIGHTS

 

If you fail to keep to your side of the agreement but you have paid at least one third of the total amount payable under the Agreement, that is (handwritten in box) £4072.53 we may not take back the goods against your wishes unless we get a Court Order. (In Scotland we may need at get a Court Order at any time). If we do take them without your consent or a court order, you have the right to get back all the money you have paid under the agreement."

 

I most certainly had paid more than one third and as far as we can ascertain to date, the finance company did not have a court order. A solicitor is dealing with that issue on my behalf at this time.