bailiffs is there anything i can do now?

[rayco]

I was visited by Bailiffs ?(they said they were) today they knocked on the door woke me up as soon as i opened the door in went one of there feet.

they asked for my son (who has not lived here for 2 years)which I told them.they then informed me he had an unpaid parking ticket which they had to receive payment for or take goods to the value of (£458 .When I told them I did not have that amount.

They told me because the car was registered at this address they would take the goods to the value of and I would be able to go to court with the receipts and it would be up to them to decide whether I could have them back.

Then they asked If i could telephone my son.Which i said I would do if he removed his foot from the door so I could close it.He replied "I can not do that sir"After another 5 minutes of the 3 of us standing there i finally went to get my phone after both of them said they would not enter the house.I telephoned my son and one of them spoke to him.While the telephone conversation was going on my wife arrived home.

Due to her arrival with the debit card I now had access to the funds to pay the outstanding amount.They then accepted £120 in cash and the debit card.While one of them were taking the payment from the debit card the other one was sarting out the paperwork this was the first time there foot was removed from the door.They then gave the machine to my wife to put her pin in.After payment was authorised they then gave us a payment receipt for £419.81 a copy of Warrent of execution - unpaid penalty charge amount due £80 and a debit card receipt for £299.81.

Can anyone advise if there actions and statements are legal and is there anything I can do about it now ?

Apoligies for the essay but I was trying to put as much info as possible

[selinajayne]

not sure where you stand now you have paid it. i dont think you have to pay those charges

someone will be along and be abit more helpful tahn me

[RaeUK]

What? Let me get my simple brain around this.

Bailiffs called to levy on a debt that wasn't yours or your wifes. They forced their way in and conned you into paying what you don't owe.

Does that sum it up?

Rae.

Edited March 2, 2010 by RaeUK
type o

[rayco]

What? Let me get my simple brain around this.

Bailiffs called to levy on a debt that wasn't yours or your wifes. They forced their way in and conned you into paying what you don't owe.

Does that sum it up?

Rae.

 

Yes basically would not remove foot from door until we paid

[Jamberson]

They told you a few half-truths. You were not liable and didn't have to pay, but they managed to pressurise you into doing so. Was it fair? Probably not. Was it illegal? Probably not.

 

I don't agree with the post above which says they forced their way in. I can't see where your original post says that. Presumably you opened your door of your own volition. Maybe you could say they tricked their way in.

 

Can you get your money back? If I were you I'd be trying to get it back, and an apology, from the son. It was his debt.

[rayco]

They told you a few half-truths. You were not liable and didn't have to pay, but they managed to pressurise you into doing so. Was it fair? Probably not. Was it illegal? Probably not.

 

I don't agree with the post above which says they forced their way in. I can't see where your original post says that. Presumably you opened your door of your own volition. Maybe you could say they tricked their way in.

 

Can you get your money back? If I were you I'd be trying to get it back, and an apology, from the son. It was his debt.

from directgov website:

What bailiffs can and can't do

 

If the bailiffs come to your home, you don't have to let them in. They can't force their way in, but they can enter through an open window or an unlocked door.

Forced entry includes pushing past you once you have opened the door to them, or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.

Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry, but this is always a last resort.

Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant - but this method is rare and only used as a last resort.

[RaeUK]

A foot in the door isn't peaceful entry, Jamberson.

 

rayco, you may be able to cancel your card transaction. I don't know the procedure but I'm sure others do, chargeback???

 

The thing that springs to mind is that you can't ask the bailiff company to give you a breakdown of the fees as - technically - they shouldn't be discussing a debtors information with someone else.

The very least you need to do is write a formal complaint to the company.

Best wishes

Rae.

[RaeUK]

Thankyou rayco, we crossed in the post.

Rae

[RaeUK]

Also, as you proberbly know now, bailiffs cannot levy or remove goods that don't belong to the debtor. Out of interest, which bailiff company was it?

Rae

[rayco]

Also, as you proberbly know now, bailiffs cannot levy or remove goods that don't belong to the debtor. Out of interest, which bailiff company was it?

Rae

 

Task Enforcement

[Jamberson]

But the bailiff did not enter the house! He put his foot in the door, which he shouldn't have done, then agreed to wait outside while the OP went to the phone. he remained outside, and from the description above, took payment outside, on the doorstep.

[RaeUK]

The point is that they didn't allow the householder to close the door and not deal with them, effectively forcing their presence and attention.

Rae.

[Jamberson]

Yes, I can see that. The real point is that they did not force entry. Had they done so, that's a different matter.

[RaeUK]

Splitting hairs. I stand by my comment.

Rae.

[rayco]

Yes, I can see that. The real point is that they did not force entry. Had they done so, that's a different matter.

 

Forced entry includes pushing past you once you have opened the door to them, or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.

[ploddertom]

Forced entry includes pushing past you once you have opened the door to them, or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.

 

The problem is that unless you have independent corroboration then it is usually your word against another of what happened, unless of course the other has a proven record.

 

PT

[RaeUK]

Ooops! With apologies to rayco, I think we've allowed ourselves to wander off a little. Anyone help with a) what fees are applicable compared to what was paid and b) what's the best method of recovering either any excess fees or the entire payment as it was made under duress?

Best wishes.

Rae.