Help Please recieved a notice of removal CC

[kezjoben]

Just got in and found a letter from HMCS For notice of removal , it say theu will be back on thursday with police & locksmith and will enter and take goods to to the amount of £162 ! if i am in or not! ,unless i pay , i can't afford to pay as im not in employment ! What shall i do ? please any info greatfully recieved

[Guest BURP]

If you are unemployed then you are classed as a vulnerable person because you are living below the government's poverty threshold. http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

Bailiffs Ltd

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Your visit to [1st LINE OF ADDRESS]

 

I write further to your visit by your bailiff and confirm I have been medically declared by a doctor to be a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

YOUR NAME

 

[kezjoben]

Thanks for that , so if i send that off to the county court address on letter what will then happen? also my partnet works do they take that into account? Thanks again

[Guest BURP]

You send the above letter to the bailiffs (not the county court) and they should return the case back to court. Your partners finances are not taken into account unless co-named on the order. The court might ask you for poof, just show your ESJ40JP. Bear in mind the enforcement guidelines are not legally binding.

[kezjoben]

Ok its from the county court baliffs they have an email address, shall i email it to them? & sorry what is ESJ40JP ?

[Guest BURP]

No you must post it, email as well as, but NEVER instead of posting. Mark the letter BY POST AND BY EMAIL. You are not in employment an ESJ40 is the book you present when you sign on.

[kezjoben]

Ok will send it today recorded , i dont sign on , i just handed my notice in when i finished maternity leave and am now just look after my baby and we manage on 1 wage as i didn't think i was entitled to sign on

 

thanks

[Guest BURP]

What is the debt for? your document says 'police and locksmiths' a Rossendales bailiff was defrocked for misrepresenting his powers by threatening to return with a locksmith. YouTube - Rossendales Bailiffs

[kezjoben]

Its a outstanding vet bill , the letter is from the county court baliffs if that makes any difference

[Guest BURP]

It makes a heck of a lot of difference. This is a CCJ? There is no power of entry to your property unless he is invited in by you. Threatening you with police and breaking into your property commits an offence. Make a copy of that document and send it to your local police station with this letter.

 

To whom it may concern

Name of Police Station

Address line 1

Address line 2

Address line 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Report of offences committed under Sections 4 of the Fraud Act 2006

 

I was visited on [DATE] by [NAME OF BAILIFF(S)] who I understand might be a bailiff from [NAME OF FIRM].

 

I have enclosed a copy of a document which was left by the bailiff and says they will return with police and locksmith. I understand this is misrepresenting his authority and commits a criminal offence. I understand no such power to break & enter my property or make threats of this nature exist without having permission from a Magistrate.

To assist police to perform a thorough and objective criminal investigation I enclose a copy of the document which details the name of the person making the threat.

 

I am happy to stand as a prosecution witness and provide a statement for the proceedings and you can contact me on [PHONE NUMBER] to arrange this. Meanwhile, please provide me with a crime reference number.

 

Yours Faithfully

 

 

 

[YOUR NAME]

Enc copy of threat document

Edited November 4, 2008 by BURP
typo

[kezjoben]

Oh right i didn't know that , I will do that then Thanks , as well as sending the other letter Thanks again

[kezjoben]

I sent the unemployed letter off the same day , its been 20 days now and not heard a thing , whay will happen next ?

[caledfwlch]

Is the OP able to make legal threats/take action over this unlawful behaviour against the originator of the CCJ? or is it only Councils that are liable for the behaviour of bailiffs working for them?