bailiff problem

[livid]

My daughter was being threatened by a bailiff over her partner's outstanding debt. He refused to allow her to make arrangements to pay in instalments and demanded full payment or he'd bring the police with him. Because she was distressed and in tears, I offered to pay the debt off and the bailiff gave her the case reference and phone number to pass on to me. I made the calls and paid by bank card. We have been told since that he should not have refused to let them make arrangements to pay by instalments and would not have been able to enter their home or bring the police. There seems to be an issue with confidentiality because he gave my daughter the case reference of a debt that wasn't hers to pass on to me.

I feel that this bailiff acted dishonestly and wonder what can be done to recover my money.

[Rooster-UK]

Hi livid.

I'll move this thread into the Bailiffs Forum, so that you'll get the help that you need.

Rooster.

[livid]

Thank you whoever you are. First time I've tried to use this site so as you can see I'm very unsure how to use it. Thanks for helping.

[Guest Happy Contrails]

Your daughter is not liable for her partners debt and bailiffs cannot threaten you with police. Bailiffs do not have a right to commit breaking and entering and police will not get involved unless a criminal offence is being committed.

 

You paid by bank card, is it a credit card? If so you are laughing.

 

If you paid by debit card then phone and ask the bailiff for a refund on the basis the bailiff made a false representation to obtain a money transfer. Technically this is a criminal offence under Section 2 of the Fraud Act 2006 and you can have police investigate the crime and you can ask for a crime number. Dont waste any time on the telephone with the bailiffs, end the call the moment you are fobbed off with excuses and write everything down.

 

Preferably armed with a crime number, you can contact your bank and revoke the money transfer and get a refund because the bailiff made a false statement to obtain that transfer.

 

What kind of debt? The rules on bailiffs are different according to the type of debt. You might have further avenues.

[tonycee]

Go straight for a complaint. These " People " have to be stopped.

This is from the government website on how they must conduct themselves.

Professionalism and conduct of the enforcement agent

 

• Enforcement agents should always produce relevant identification on request, such as a badge or ID card, together with a written authorisation to act on behalf of the creditor.
  
• Enforcement agents must act within the law at all times, including all defined legislation and observe all health and safety requirements in carrying out enforcement. They must maintain strict client confidentiality and comply with Data Protection legislation and, where appropriate the Freedom of Information Act.
  
• Enforcement agents, for the purpose of distress or execution shall, without the use of unlawful force, gain access to the goods. The enforcement agent will produce an inventory of the goods seized and leave it with the debtor, or at the premises, with any other documents that are required by regulations or statute.
  
• Enforcement agents must carry out their duties in a professional, calm and dignified manner. They must dress appropriately and act with discretion and fairness.
  
• Enforcement agents must not misrepresent their powers, qualifications, capacities, experience or abilities.
  
• Enforcement agents must not discriminate unfairly on any grounds including those of age, disability, ethnicity, gender, race, religion or sexual orientation.
  
• In circumstances where the enforcement agency requires it, and always where there have been previous acts of, or threats of violence by a debtor, a risk assessment should be undertaken prior to the enforcement agent attending a debtor's premises.
  

Their actions are appalling but all to familiar.

 

There is a great link HERE from a trusted source

[livid]

Thank you Everyone,

I've just phoned my daughter and the plot thickens. It was an unpaid speeding fine dealt with in magistrates court. The card put through the door by the bailiff was not in an envelope and referred to domestic violence law not a motoring offence. I've printed some of the documents recommended here and tomorrow we'll piece together the sequence of events before contacting Drakes and the police. Thankyou for your supportive comments.

[andie_303]

You can also file a form 4 complaint with the court the registers this bailiff and the office of fair trading.

[Guest Happy Contrails]

Drakes ceased trading to exist under that name some time ago, they reincarnated as Marstons unless they have reincarnated yet again!

 

The document saying about domestic violence is probably some legal babble quoting Section 27 of the Domestic Crimes Violence and Victims Act 2004, Drakes were very big on this. Essentially it indemnifies a bailiff from criminal liability if they cause injury or harm to a person while enforcing a debt. It does not repeal any civil liability.

 

You might have trouble getting the police to investigate the bailiff committing fraud by false representation to obtain a money transfer from you. They might try and pass it off as a civil matter but Section 2 of the Fraud Act is very much criminal law. Always ask for a crime number, its strengthens your case with your bank getting a refund.

 

The bailiff collecting a fine must be a certificated bailiff and carry the appropriate documentation permitting him to enter a property without permission. As the bailiff has defrauded you and you are not his debtor you have a right to make an official complaint against the bailiff for fraud by false representation.

 

Phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate, then download the complaint form http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf and send the form to the certificating court enclosing supporting evidence such as the bailiffs document showing fees and amount paid.