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      By linbren03 · Posted

      Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
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      By Bazooka Boo · Posted

      Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
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      By Plank37 · Posted

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      I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Emily Carrington78
      Natwest Bank Credit card debt - Moorcroft- Lowells- Overdales @overdalesSols

      By Emily Carrington78 · Posted

      Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Bailiff visit for a random name.

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ashmk

ashmk

Posted
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I had a Marston bailiff visit today for a totally random name. The bailiff dropped a letter through the door while I was out. Its a Marston template 'Removal notice' letter with a fancy orange border.

The letter also says 'despite previous visits', which is rubbish because this is the first we have ever heard of it. (Could just be default in the letter template)

 

The name on the letter is totally random Ive never heard of it.

 

Marstons confirmed on the phone that it is the correct address but still, the name is random.

 

The client is HMCS so im guessing its a fine of some sorts.

 

I can prove the named person does not live here.

 

Can the bailiff force entry on a HMCS warrant ? They have not been in before and will not get access.

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andip

andip

Posted
Posted

As far as Im aware, anyone wishing to gain entry needs to obtain and provide a court order first to be legally allowed, seeing as you can prove the named person does not live there and can prove who you are, I cannot see any judge granting this and thats if they would even bother taking it that far knowing you dont know who owes the money,

 

I dont think they have a leg to stand on.

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andip

andip

Posted
Posted

Baliffs like this use clever words and things if they threaten they will gain entry if you dont let them in then without a court order you can report them to police for tresspass, breaking and entering and theft and everything some random person off the street would get charged for.

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ashmk

ashmk

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Posted

They was not intrested, which was to be expected. They said the warrents at that address and untill proven otherwise they will continue to collect which to be honest is exactly what I expected them to say.

I just wanted to know if they can force entry and if not Ill let them visit a couple more times to waste there time.

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chris600uk

chris600uk

Posted
Posted

I just wanted to know if they can force entry and if not Ill let them visit a couple more times to waste there time.

 

 

I really don't recommend that - I would write to the bailiffs informing them that the person they are pursuing no longer lives at your address and that you do.

 

Point out that now that you have informed them, any further enforcement action to collect the debt of a person unconnected with the current occuppier (yourself) would amount to harassment and any further visits are trespass.

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Bazooka Boo

Bazooka Boo

Posted
Posted (edited)
Can they force entry ? anyone ?

HMCS:Her Majesty's Courts Service - Home

Bailiffs and Enforcement Officers

 

Bailiffs and enforcement officers are authorised to remove and sell a person's possessions in order to pay money owed to a person or organisation. They also conduct evictions and can arrest people.

Bailiffs and enforcement officers have differing roles. Detailed information on their responsibilities and how they work is provided within the leaflet EX345 About Bailiffs and Enforcement Officers

The Directory of High Court Enforcement Officers contains names of enforcement officers in England and Wales who have been authorised to execute High Court writs under the provision contained in Section 99 and Schedule 7 of the Courts Act 2003.

Directory of High Court Enforcement Officers (PDF, 1.95 Mb)

About Bailiffs and Enforcement Officers

 

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf

That should be enough info for you, as they are working for the court they are permitted, with the correct paperwork (warrant) issued by the court to enter your property by use of force. This is normally done by drilling out your door lock, or entering through an open window.

I would definitely go and get some help, either from the CAB who may be able to ring them on your behalf, or by even going down to your local court, to where you would normally pay fines, with the card that was put through your door, your ID, letters etc, and inform them that the person does not live at your address and they need to ensure that no further collection activity or harassment by bailiffs will continue.

Failing all that, if you do find that they have entered your property, call the Police and report a burglary. Unfortunately bailiffs who work for the courts have alot more powers than those trying to enforce unsecured debt. Quite how they have got the wrong address is very strange, because on the front of it, this person would have had to have gone to court or at the very least lived in your property prior to you, therefore the Police and the courts wouldn't have the new address details. And given your address as his residency?:confused:

Anyhow hope the info above might help:)

 

Just found this on the directgov website http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289

 

Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant.

Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry.

 

 

CAB:http://www.citizensadvice.org.uk/

 

 

 

 

Edited by Bazooka Boo
More Information

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Guest Thebailiff

Guest Thebailiff

Posted
Posted

just write to them (recorded if you like) and enclose copies of bills and even tenancy aggreements if you like. These will be entered onto their systems and then destroyed or sent back to you. All you have to do, as they have told you, is prove you are not the person they are looking for. Then there is nothing they can do. But just letting them come again and again to "waste their time" is asking for trouble. All it takes is an open window and the next thing, you have a bailiff walking round your house while your in the bath. Sort it before it becomes a real problem.

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tomtubby

tomtubby

Posted
Posted
I had a Marston bailiff visit today for a totally random name. The bailiff dropped a letter through the door while I was out. Its a Marston template 'Removal notice' letter with a fancy orange border.

The letter also says 'despite previous visits', which is rubbish because this is the first we have ever heard of it. (Could just be default in the letter template)

 

The name on the letter is totally random Ive never heard of it.

 

Marstons confirmed on the phone that it is the correct address but still, the name is random.

 

The client is HMCS so im guessing its a fine of some sorts.

 

I can prove the named person does not live here.

 

Can the bailiff force entry on a HMCS warrant ? They have not been in before and will not get access.

 

 

 

I have said the same thing on here so many times. Everyone MUST put things in WRITING !!

 

For once, I will take the side of the bailiff company. They receive hundreds of calls daily to say that the person named on the paperwork does not live at a property......and many times this is not...... true and the debtor is simply trying to evade paying a debt and getting his partner/mother/brother etc to ring the company to say that he does not live at the property.

 

You need to provide some sort of evidence which the bailiff company will destroy.

 

Finally, YES a bailiff pursuing an unpaid Magistrates Court Fine DOES have the right to force entry into a property.....RARE.....but allowed. DISGRACEFUL....but I don't make the rules...I just complain about them....

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Guest BiG SiD

Guest BiG SiD

Posted
Posted
I had a Marston bailiff visit today for a totally random name.

 

I can prove the named person does not live here.

 

Hi there - From what you appear to be saying the bailiff company here is chasing a debt for a third party who does not live or hold any assets located at your property? In which case you have nothing to hide!? Be open, be honest with the company and as advised, simply provide confirmation of your occupancy to make the problem go away. They can only seize assets of the debtor - they can not seize your goods for someone elses debt.

 

I don't want this to sound cynical, but it's easier to say it now, than you have problems later! - When you say "Random Name" - if for example your name is say "John Smith" and typo error on the liability Order says "Jhon Smith" etc etc - this would not form a defence against the bailiff's recovery action - like I say, easier to say it now, than you have problems later! - Good Luck.

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p4ul

p4ul

Posted
Posted
Hi there - From what you appear to be saying the bailiff company here is chasing a debt for a third party who does not live or hold any assets located at your property? In which case you have nothing to hide!? Be open, be honest with the company and as advised, simply provide confirmation of your occupancy to make the problem go away. They can only seize assets of the debtor - they can not seize your goods for someone elses debt.

 

I don't want this to sound cynical, but it's easier to say it now, than you have problems later! - When you say "Random Name" - if for example your name is say "John Smith" and typo error on the liability Order says "Jhon Smith" etc etc - this would not form a defence against the bailiff's recovery action - like I say, easier to say it now, than you have problems later! - Good Luck.

not 100% true, i didnt live at my parents house yet the warrent was issued for their address and the bailliff was going to remove thier goods even thought they didnt belong to me. They even had a SD signed by a solicitor which the bailiff refused to accept

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Guest BiG SiD

Guest BiG SiD

Posted
Posted

This is not correct - A bailiff may only levy distress upon assets that are those of the debtors, or which they believe to be those of the debtors - in doing so, Yes they may inadvertently seize goods of third party. Which is why, if they do, you need to chase up the company, provide proof and also ensure that the respective levy fee is removed.

 

But NO, in practice a bailiff can not knowingly seize assets of a third party (such as parent as detailed) to remove against your debt. Yes they can do so on what they deem to be jointly owned goods (hubby and wife/partner etc) - but NO they can not remove a parents goods against a son's/daughter's debt. (that is assuming we are talking about Distress for Council Tax here - Rent for example is subject to different reasonings).

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p4ul

p4ul

Posted
Posted
This is not correct - A bailiff may only levy distress upon assets that are those of the debtors, or which they believe to be those of the debtors - in doing so, Yes they may inadvertently seize goods of third party. Which is why, if they do, you need to chase up the company, provide proof and also ensure that the respective levy fee is removed.

 

But NO, in practice a bailiff can not knowingly seize assets of a third party (such as parent as detailed) to remove against your debt. Yes they can do so on what they deem to be jointly owned goods (hubby and wife/partner etc) - but NO they can not remove a parents goods against a son's/daughter's debt. (that is assuming we are talking about Distress for Council Tax here - Rent for example is subject to different reasonings).

I know what the rules are but as i said in my thread last week, my parents produced a SD the bailiff refused to accept it and said they would have to go down the interpleader route with it.

The bailiff told them he didn't have to accept the SD.

The police were there and did nothing.

Mine wasnt for council tax but a driving fine

 

Anyway the OP wont have the same issues as they obviously don't even know the debtor

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