Bailiff called Police - ended up paying

[cameraboy]

Hi everyone, hope someone can help - i have had a nightmare.

 

I will be very brief:

 

I own a tv/hifi /pc shop. Bailiff turned up on behalf of a HCEO 1 month ago. i wasnt there, so my staff took an envelope off him and they got me to speak to him on the phone. they were looking for some £1400, but they just had an address on the writ, no name. i told them that it was probably down to one of my tenants, (now left) as i rent parts of my shop out. They said they would get back to me when they found out more, i told them i would help if i could.

 

when i got back i saw the writ and a walking posesion agreement (unsigned) for goods in the shop to the value of the debt.

 

I rang my lawyers and told them what had happened. They said that because there was no name of anyone on the writ it was unenforcable, but to check with the issuing court to find out more. The court would not speak to me about it cos i wasnt the person on the writ!

 

 

this week, they came back and told me it was my debt as i owned the shop. i told them it was a load of rubbish and told them to get out.

it was very awkward cos the shop was full of customers etc. I told them there was no way i was paying anything, and they said they would order a lorry to come over and take goods, and it woukld cost me even more £££ I told them if they touched anything that i would call the police.

 

After about 1.5 hrs of me telling them they had the 'wrong guy' they called the police saying that there could be breach of the peace.

 

4 cars turned up and twice as many officers. in the very end i paid the bill on advice of the police, and under all the pressure.

 

the bill was:

fees bought forward from the first visit £1890

poterage fee £125.00

other £370.00

+ vat £76.75?

= £2461.75

 

i see that the original 'judgment debt' was for £700.00

 

not sure how the hell they get to this figure, but iam sure all this is illegal. i paid on my debit card, but need the money back asap.

 

Can anyone help pls as iam not sure what route to take.

 

Thanks in anticipation.

[tomtubby]

Which firm of High Court Enforcment Agents?

[cameraboy]

hi tom tubby, thanks for the reply, the firm is The sherrifs high court enforcement ltd, with an address in croydon.

[GamekeeperToPoacher]

I would make a complaint to the police as they are NOT debt collectors and as you were being reasonable the only potential source of a breach of the peace was from the bailiffs.

 

Too often the police react in this way having no knowledge of this area of the law.

 

You should also look at getting the judgement set aside if you have no knowledge of it.

 

GK

[gustavius rex]

This is exactly what happened to me. l have now also found out that the bailiff in question is not a certificated Marston nor selfemployed bailiff. As for the police, it seems that they tend to assist the bailiff rather than advice him of his obligations or to ensure themselves that he has all the required documentation. Something got to be done and although l am in the process of filing all and everything l can, l think a more concerted effort by all of us who have suffered something similar is needed.

Gustavius

[sillygirl1]

Why not geet hold of Tomtuby, they are the bailiff expert on this site and should be able to offer more advice. If the bailiff wasn't certified or employed by a company then it is theft, and you need to report the matter to the police 'obtaining monies by deception' comes under the Fraud Act...

[danboy381]

the fees are crazy and must be totally illegal - why the hell do the police stand by and let this crap happen?

[gustavius rex]

Why not geet hold of Tomtuby, they are the bailiff expert on this site and should be able to offer more advice. If the bailiff wasn't certified or employed by a company then it is theft, and you need to report the matter to the police 'obtaining monies by deception' comes under the Fraud Act...

 

 

l have another thread here and TT's really given me some good advice which will be used as l proceed. However, TT can only do so much and the rest is up to the rest of us. The problem remains the same, though, so many threads with similar problems, but, no common approach. Until we are many we will be weak and individually not have any major impact. We need to make the authorities aware of what's going on and that a major change is needed urgently.

GR

[ambershadow]

l have another thread here and TT's really given me some good advice which will be used as l proceed. However, TT can only do so much and the rest is up to the rest of us. The problem remains the same, though, so many threads with similar problems, but, no common approach. Until we are many we will be weak and individually not have any major impact. We need to make the authorities aware of what's going on and that a major change is needed urgently.

GR

 

 

I totally agree with you there........To many people are being taken for a ride I was one of them But tt got me a refund which was due still wating for form 4 to be done....

 

For people hat have laws to abide by I just don't understand how they are all getting away with it.

I think there needs to be a leaflet drop lol in every single household in the uk regarding bailiff issues and what they can't and can do with regards bullieing and so forth to many peole suffer and they shouldn't have to.

 

 

And TT does a fantastic job But she only has one pair of hands as we all do

[cameraboy]

I've checked out the fees hceo's should charge and there should be fees of about £150 on a judgement of £700?

 

Have made many, many enquiries etc. and it looks like i could be getting the money back.

 

It would be nice to issue a fatwa on this hceo. Is there a form for that?!!

 

Chrs

Cameraboy

[sillygirl1]

Its called a Form 4, and you need to get it in asap... he clearly has exceed his authority in collecting from you when you were not the original creditor. Sorry... I mean original debtor.

 

I think you should also get your local MP involved here.

[cameraboy]

i cant put a form 4 in till i have complained directly to the bailiff co. and give them a chance to resolve the issue. is that right?

[hallowitch]

i cant put a form 4 in till i have complained directly to the bailiff co. and give them a chance to resolve the issue. is that right?

yes

[MRSWESTHAM]

I think you can put one in but it is adviseable to contact the bailff (in writing) first and give them a chance to respond. I am soon going to court with a form 4 and have been told by a few clever peeps that the judge looks more favourably upon those who have attepted to get a reasonable outcome from the bailiffs first. Have a loook on here www.biliffadviceonline.co.uk. There is a section specifically on complaints .

[MRSWESTHAM]

its pilesadvice.co.uk obviously my spelling is cack !

[MRSWESTHAM]

why wont it let me write the website?! Linking to commercial websites is not allowed under the site rules. if you cant see it pm me and il send it to you details of commercial website removed

Edited July 25, 2009 by ScarletPimpernel
Remove commercial website details

[sillygirl1]

You aren't supposed to post links to commercial websites, that is why...

[MRSWESTHAM]

oh i didnt know sorry ! but its really helpful!

[ambershadow]

That site is TOMTUBBY'S site and you can reach her via the pm facility

[MRSWESTHAM]

i thought it was but didnt want to say incase i was wrong !

[cameraboy]

Someone i know received a refund and they said that it was in full and final settlement of the matter, implying that if the payment was cashed then one couldnt take any further action.

 

Is this how they get away with so much?, or would that not stand and you could take further action against them?