OMG Drakes just paid me a visit! HELP

[kezza150]

Hello i'm wondering if anyone can give me some advice please.

 

I just answered the door to a bailiff from drakes!! they were looking for my partner who fortunately wasn't there, asking for over £5000 for CSA arrears .

About 4 month ago the csa were granted a liabilty order for these arrears, we made an offer to pay £100 per month at that time but were refused but as we had a standing order form they had previously sent us we filled it in and started the payments anyway. I wrote to the csa at that time and told them that we had set this up and that it was the most we could afford to pay and that there would be no point in sending bailiffs as my partner lost all his belongings in a house fire last year so other than his clothes he owned nothing as i had just moved in with him bringing all my furniture. We never heard anything from then so just assumed they accepted this..... until today.

I told the bailiff that my partner already had an arrangement in place with the csa - he shrugged his shoulders and said my partner needs to contact him within 5 days or he will be back, he handed me a letter to give to him which i have opened it says in big red letters "FINAL WARNING BEFORE REMOVAL".

 

I really don't know what to do now??!!!

How is this the final warning before removal if we have had no previous letters or visits from these bailiffs?? (I've just re-read their letter which goes on to say despite previous letters, notices and attendance you have failed to pay..)

Who are we to contact now the csa or drakes???

The last letter we wrote to csa to tell them we'd set up standing order also requested an arrears breakdown as we are disputing the amount owed - i thought if the amount was in dispute then bailiffs could not attend??

 

Also after reading some previous posts about drakes putting feet in the doorway etc. I am really scared to be at home now as my partner works away through the week so I am on my own (with 2 large dogs though) and my nearest neighbour is about half a mile away - also it is a bungalow so i cannot just pop my head out of bedroom window to see who is at the door. I found a site saying that csa bailiffs have to pass the file back to csa if they fail to make contact after 2 visits - can anyone tell me if this is true?? and if it is what is the likelyhood of drakes sticking to this as it sounds as though they do not play fair?

 

Any advice greatly appreciated - sorry post is so long just wanted to get everything in!

 

Thank you in advance

[Billyhunt]

Hi Kezza150,

 

You will be receiving advice from tomtubby but just to reassure you until then. The bailiff cannot force entry to remove goods from your home. They can only enter peacefully. So if you receive a knock at the door do not let them in, you do not have to. You are within your rights to go outside and shut the door behind you or walk around to the front from the back of your house making sure the door is shut first to talk to them if you wish. If they gain peaceful entry once then they can come in without your permission in the future, so it is crucial that you do not allow them in. If your partner has a car, then he may wish to consider where he parks it while the bailiff is looking for propery of his to levy on.

[kezza150]

Thanks for that billy and tomtubby.

I now know our rights but am still unsure what our next move should be.

 

I am starting to think that we'd be best not contacting the bailiff and avoiding him on his next visit, when in theory he should pass the case back to the CSA, who we can then contact AGAIN to dispute the amount and continue with the payment arrangement we had in place already (£100) p/mth) until it is settled.

What do you think??

[Billyhunt]

Kezza150,

 

Going off on a bit of tangent but you say you dispute the arrears the CSA are asking you for. If you want to, you can pm me and l will look into how much maintenance they should be asking for. There is a formula that can give you a guide, it will at least give you an idea if what they are asking for is realistic. For example, if we can work out roughly how much your partner would have been asked to pay each week we can see if the total figure that would have been paid up to now is anywhere near the amount of arrears they are asking for.

 

If possible it would be better to deal directly with the CSA. You say the CSA obtained a liability order and you made an offer of payment, was that offer through the court? Did you submit a financial statement? If so why was the offer turned down? Have you provided the CSA directly with a financial statement before showing them the available income you have to support your offer of payment?

 

I think your next move is to check that the amount being asked for is correct which is what you have been trying to do already I know. I would also continue with the payments you are making as this shows good will and shows you are not refusing to pay. In the meantime if you haven't done so, write down all of your income and out goings so that you can prove what available income you have to pay the CSA and then provide a copy of this to them. Please feel free to pm me regarding this as it is moving away from a bailiff issue and I will be glad to help if I can.

[tomtubby]

There is a specific Subject Access Request that is applicable to Child Support Agency arrears.

 

This needs to be sent to the CSA. If you pm me with your e-mail address I can send the template letter over to you.

 

We have a copy of the contract between the Child Support Agency and their relevant bailiff companies so if there is anything you need to ask then please message me.

[kezza150]

Thank you tomtubby, we already requested this information at the time of them seeking the liabilty order and written on one part of the (mind boggling) data it clearly says over £3000 of the arrears was 'written off'. We wote to them about this and requested a full arrears breakdown but have not received or heard anything from them till the dreaded knock on the door this morning. I did send the letter recorded delivery so i could prove we were disputing the amount and set up the standing order to show we were not avoiding payment.

 

So can anyone tell me if they were allowed to pass this on to the bailiffs with the amount being under dispute as i thought they couldn't?????

[tomtubby]

This is the correct letter showing the right address. Is this where you sent your request?

 

 

.............................

 

 

(Enter date)

 

Data Protection Officer

Room BP6002

Department of Work & Pensions

Benton Park View

Newcastle upon Tyne

NE98 1YX

 

 

Dear Sirs,

 

 

SUBJECT ACCESS REQUEST ( S7.1)

 

 

Re: Child Support Agency Ref:(enter your ref no

 

The purpose of this letter is to make a Subject Access Request pursuant to Section 7.1 of the Data Protection Act 1998, to be provided with all of the information that I am legally entitled to under the above Act.

 

Accordingly, could you please provide me with a copy of all of the computer information that you currently hold concerning my particular case, and in addition, could you also provide me with a copy of my clerical file that your department also holds.

 

If you have any queries regarding this request, please do not hesitate to contact me.

 

I look forward to receiving this information as soon as possible, but in any event, within the strict time limits imposed under the above Act.

 

 

 

 

 

Yours Faithfully.

[kezza150]

I didn't send it to there but we received a letter from this address saying they had received our request and we shortly received both files from them, neither of which included a full arrears breakdown. This was then requested seperately from my partners enforcement officer but still has not been received.

[kezza150]

Just been reading the letter the bailiff left again it says:

They have attended today to remove goods (on a first visit!) we must make immediate payment in cleared funds and if we 'fail to do so we may re-attend with a locksmith, remove goods in your absence (as instructed by the CSA and in accordance with the law) and sell these goods at public auction'.

It also says 'your goods may be removed WITHOUT further warning at anytime'.

 

Can anyone confirm that this is complete and utter c**p ( i know it is after reading info on other websites but just need to double check for peace of mind!!)

Does anyone suggest complaining about such false statements/threats and also the fact this is supposedly a final warning even though this is our first contact with the dreaded snakes... er i mean drakes! and if so who do we complain to??

[tomtubby]

This wording is WRONG. They CANNOT state that they will come to the propert to remove UNLESS they have previously levied upon goods.

 

This is a threat and not a very nice one at that.

 

I will check the contract in the morning for you.

[kezza150]

Thanks tomtubby that would be great - just for some leverage to get the file back to the csa who I am happy to negotiate with.

[tomtubby]

Is the wording that you have given precise. (I hope it is) !!

 

Can you scan the letter and send to me by PM?

[kezza150]

Was just wondering - bailiffs are not allowed to take anything that doesn't belong to the debtor and as i have explained everything in our house is mine cos my partner lost all his belongings in house fire 18mths ago, however i do not have receipts for everything as i have had most of it for years - what happens then??? is my word enough to stop them taking it?

(not that i have any intention of letting them in but just to be on safe side!)

Can anyone tell me as i do not want to lose anything of my own for a debt that isn't mine.

[tonycee]

Hi Kezz.

I wont pretend i know what im talking about, but i saved this when they were knocking on my door.

Hope it helps.

Debt Basics - Bailiff Guide - know your rights

[kezza150]

I have now sent off a letter on behalf of partner to the CSA again disputing the amount owed and asking them to take the file back from the bailiffs as they are causing me great distress, have nothing to levy (my partner lost all his belongings) and are using threats they are not able to carry out.

I told them we would be persueing a complaint about the bailiffs when we have sought further advice (waiting for a pm from tomtubby!).

 

However - they probably won't take back the file and even if they do chances are I will get another visit in the meantime from drakes. Really i am expecting them today or tomorrow and I am petrified - although thanks to this wonderful site I am well aware of my rights, I am still shaking even now thinking about it.

What if they come and bring a locksmith etc. - hows little me gonna stop them??

I am scared to be at home in case they come but also scared to go out in case they break in while I am not there!!!

I have no intention of letting them in but I am well aware of the bullying tactics they use.

If i say that my partner is not here (which he won't be cos he works away) does he then HAVE to leave or can he stay on the grounds that it is my partners address???:?

Thank you to all for your precious advice so far, i think i would of had a breakdown by now if it wasn't for you!

Kez.

[MARTIN3030]

Hang on in there Kezza we are looking into things for you.

[tomtubby]

I have just sent you a pm.

[nightsurf]

hi guys iam sorry for interupting your thread regard the c s a and drakes i,am in exactly the same situation a kezza and owe th,e same amount in arrears,i had the same letters posted i stuck to my guns and didnt open the door to drakes, and complained to te c s a regarding thier attitude,but was met by unfriendly staff saing that they do have te right to enter your property using locksmith,and was spoken to in a disgusting manner by the c s a staff in the enforcements section,i,am currently on incapacity benefits and i ad to cal drake and offer thm £60 a week to keep them off my back,i have sent a reques of breakdown off the arrers owed but have not been sent a reponse,which i,am now going to send a letter of complaint about to the complaints resolution team and request i get a response,my arrears were originally for £10,000,i have reciepts amounting to £6,940 from the original debt owed however i was sent a letter saying i owed £5,000,and was to pay through drakes at £60 per week which they have so far accepted athough i had to find 1 months payment upfront,thi is an absolute disgrace,they are,driving me to despair and gthere seems no way forward,as the c s a think they can do any thing they like and get away with it.any advice would also be greatfully recieved regarding their rights,my partner owens the property where i live but it didnt make any difference to the c s a ,i,am sorry for interupting your thread but felt i had to say something

[kezza150]

Hi nightsurf,

 

You are right that is an absolute disgrace - £60 per week will be practically all of your benefit. I cannot believe that they still expect you to pay when you are in receipt of incapacity benefit (at least not more than £3.00), but I am pleased you let me know your situation as my partner was thinking if all else fails to give up his job - but obviously even that will not make them behave reasonably!!

 

Well i still haven't received a reply from the CSA to my letter last week and so far drakes have not returned YET.

 

You have now given me the idea to also write to the CSA complaints dept. and demand some responses. I believe that if and when we ever do get an arrears breakdown the true amount of arrears will be shown to be much less than what they are asking for (hence the reason they don't seem to want to send us one) and then we would have no problem in clearing the amount within the 'guideline' 2yr period - I am sure this would be the same for you.

 

Well we are going to avoid drakes like the plague until hopefully they return the file back to csa. Just wondered how many times they actually visited you as i have been informed that they are meant to return the file to CSA if they cannot make contact with the debtor after 2 visits????

 

Also you said the CSA informed you that the bailiffs did have the right to enter your property with the help of a locksmith - can anyone confirm this for me please???????? as according to information tomtubby directed me to they cannot - have they been given new powers in the last week?????

 

Nightsurf - Please keep us informed of your situation - also would anyone be able to advise as to whether or not there is anything nightsurf can do with regards to them taking almost all of his weekly benefit - surely this is not right????????

 

Thanks, kez x

[tomtubby]

Nightstuff

 

Could you start a new thread so that your query does not get mixed up with others.

[nightsurf]

hi guys sorry about interupting your thread appolgies to all,drakes visited me 3 times in all kez,maybe the same guy?if you would like kez i have some information i could get to you if you would like to pm me (e/mail)iam new to this and dont know how to go about this,i,m sorry its been making your life difficult kez realy am and send all my best to you.nightsurf.x.

[kezza150]

Hi All,

 

Just an update and some more questions....

 

Ok so i got home last week (monday or tuesday) to find the bailiff had visited again (so glad i was out!) and pushed a letter through the door - the exact same letter he left last time, 'Final Notice' blah blah.

Ok so that was 1 month between visits.

Today a letter came, via royal mail, from RD Harris & co. removal contractors (i see from the bottom of this that they are infact part of the drakes group) saying that my partner must now pay the balance in full IMMEDIATELY or they will attend our property with bailiffs and remove goods. They say that drakes have court authority to remove goods and if this fine is in relation to a warrant issued by Her Majestys court service or revenues & customs this allows them to use locksmiths even in our absence.

OK Q1: Should i be worried by this letter???

Q2: Are CSA arrears (with a Liability Order granted) classed as anything to do with the above ? i.e. are they actually able to use a locksmith in this case.

Q3: Is there anything i can do now other than wait for their next move - i.e. aren't they supposed to hand file back to CSA as they have failed to make contact with my partner after 2 visits - should i be writing to tell them to do this or not bother wasting my time and postage price!!

 

I also wrote to CSA complaints dept. last week about the lack of service my partner has received from them and to ask them to take file back from drakes as the amount is under dispute but as yet no reply - what a surprise!!

So Q4: should they have been able to commence bailiff action when the amount was in dispute and when we had already started making payments to CSA - I can prove that we were disputing the amount long before drakes ever got involved??

 

Anyway, someone please let me know the score here so i know whether or not i should be taking my valuables for a holiday to my mams house!

 

Thanks in advance, Kez x

[tomtubby]

I can certainly assist but need a few more details first.

 

Is the amount that they are attempting to collect correct. ?

 

Have you obtained a copy of the clerical file from the Data Protection Office in Newcastle?

[kezza150]

Hi tomtubby,

 

Yes we have a copy of the clerical file (doesn't really make any sense to us).

The amount they are attempting to collect is what the liability order was granted for, but the amount outstanding according to the clerical file is very different and we are disputing it because of this.