task enforcement bailiffs letter - not me- poss identity theft?

[caoimhoo]

Ok. let me start with this. I had a visit from a debt collector at my property last week.

 

No one was home so they left a final notice with the veiled threats of entering my home and taking my possesions etc...

 

The thing is ,I have no debt and the person they are looking for is unknown to me and not living at my address.

 

Apparently this person hasn't paid a fine for a traffic offence after being spotted on cctv.

 

This offence occured in this guys own car, which I have no knowledge of and have never owned and also this car is not registered and never has been since the car was first registered with the dvla.

 

It turns out that the company who issued the parking havent rang the dvla( I did and while they didnt tell me who owns the car m, they could tell me it has NO connection whatsoever to my proprty),

 

If they had rang initially they would have the correct culprit. Instead this company have gone another route and appaently have come up with a car purchase receipt, saying the car was bought this year and the address given was mine.

 

I immediately rang the police as now it seems someone has stolen my identity too.

The police are now investigating the identity theft.

 

I have rang the debt collectors and no surprise, they are not interested.

 

Now , what I want to know is , how legal is all of this. I have read online that debt collectors cannot come to your home without an appointment. Is this true?

 

Also I've heard that they don't have the power to threaten entry and remove possessions unless a ccj is in place.

There is no ccj in place on this matter.

Are their actions legal?

Are they allowed to come to a wrong person and wrong address ? Is THAT legal?

Is a receipt enough for a county court to issue a warrant without checking its validity?

As this is now identity theft , was this receipt ever legal in the first place?

 

This has caused unbelievably high stress levels. My 3 young daughters are now terrified to open the front door.

What can I do?

 

Just to add to my own stress levels, we were burgaled last new years eve which may explain how my identity has been stolen.

 

I've been ringing round the nesscessary people and no one seems to care .

 

Except that is for the Metropolitan Police who have been outstanding in all their efforts .Help!!

[coledog]

Hi and welcome

 

Don't worry - no-one can enter your home and take property unless you let them - who is the Debt Collection Agency?

[coledog]

Here is a link to a guide on doorstep collectors and a letter you can hand to them

 

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

[ploddertom]

This sounds more like a Bailiff calling for an unpaid Magistrates fine or PCN from the Council. May pay you to ask to move to the Bailiff forum for further help and advice.

 

PT

[coledog]

Poster says it was a Traffic Offence? We need more info on who actually called and where they were from IMO.

[dx100uk]

agreed

 

this will not be a dca but court bailiff and from a magistrates court, so sadly, they can force entry.

 

we need the name of these people soonest.

 

dx

[caoimhoo]

Hi all

Thanks for the swift replies. The company involved are Task enforcement. I've already checked the registry on HMCS and neither the agent or the company are registered so I guess this makes them debt collectors and regulated by the OFT. If this is true then surely they have no legal right to post this menacing letter through my door. I have been onto the county court who have told me there is no CCJ on this matter , giving these guys even less power. So am I within my right to have this guy arrested by the police on a harresment against my family charge? I will seek legal advice on this when the phone lines reopen tomorrow and I will press charges if I'm legally entitled to. I'm ridiculously stressed over the injustices of it all.Thanks again

[caoimhoo]

Just found on another thread that task enforcement may be bailiffs but non certified...Surely this is highly illegal???Anyone got any answers tot this one?

[dx100uk]

they are bailiffs.

 

what puzzles me is you have never had previous paperwork.

 

something is not right here.

 

scan up the letter please

 

dx

[dx100uk]

i'm going to move this to the bailiff forum

 

done

 

dx

siteteam

[ploddertom]

Just found on another thread that task enforcement may be bailiffs but non certified...Surely this is highly illegal???Anyone got any answers tot this one?

 

 

They are Certificated, there are 26 of them listed on the online version of the HMCS Bailiffs Register. The chances are they may return and levy on any vehicle parked outside your property as "they have reason to believe" it may belong to the person they are looking for. I appreciate it's not a good situation to be left in but it may pay to contact them (in writing) and advise no one of the name they are looking as lived at the said address since 1832 or however long you have been there, maybe also copy the Court/Council in as well.

 

PT

[fork-it]

The company involved are Task enforcement.

 

They are the debt recovery department for NCP - as in the NCP car parks. They wont break into your property but their MO is to nick a car on the first visit. As no car is available at your address, their case is a non-starter. They sould not be making such blind threats.

 

If this is true then surely they have no legal right to post this menacing letter through my door.

 

Your post indicates the police are positive about your complaint, show them the letter (keep a copy for your own records) and a copy of the following legislation and ask they investigate: http://www.legislation.gov.uk/ukpga/1997/40/section/1 and definition of the offence: http://www.legislation.gov.uk/ukpga/1997/40/section/2 Its also an offence to pretend to have a document that authorises a bailiff to commit breaking and entering or to cause undue stress or harassment while making a demand of money. http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=1&NavFrom=2&parentActiveTextDocId=1663425&activetextdocid=1663463Offence of making a false representation to obtain a money transfer http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=1&NavFrom=2&parentActiveTextDocId=1663425&activetextdocid=1663463 and blackmail (threat to break in to your home or commit burglary unless you concede to a demand of money) Section 21 of the Theft Act 1968: http://www.legislation.gov.uk/ukpga/1968/60

 

As you can seen there is plenty of legislation supporting your complaint.

 

I have been onto the county court who have told me there is no CCJ on this matter , giving these guys even less power. So am I within my right to have this guy arrested by the police on a harresment against my family charge?

 

You have the right, but dont expect the police to get excited about having to arrest a bailiff. You will need to prepare to make lots of noise, even if that means going to the IPCC with a complaint of concealment of a crime. R v. Cotter 2002 Crim LR 824

 

I will seek legal advice on this when the phone lines reopen tomorrow and I will press charges if I'm legally entitled to. I'm ridiculously stressed over the injustices of it all.Thanks again

 

Let us know the outcome and what that advice reveals before you suggest the above legislation. We are all on a learning curve.

[fork-it]

Just found on another thread that task enforcement may be bailiffs but non certified...Surely this is highly illegal???Anyone got any answers tot this one?

 

Assuming this is a parking ticket and not a CCJ: Section 78(7) of the Road Traffic Act 1991 says a bailiff enforcing unpaid parking tickets must hold a bailiffs certificate and failure to do so commits trespass. http://www.legislation.gov.uk/ukpga/1991/40/section/78

 

The police wont take too much notice, they will say its a "civil matter"

[dx100uk]

i thought the poster said this was a traffic offence by cctv not a parking fine,

task are bailiffs

but if you know diff fork-it this puts a diff aspect on all this.

 

would be interesting to see the letter

 

dx

[fork-it]

There not enough information in the post to determine whether the CCTV recording was taken on private land or land or a highway that falls under the remit of the Traffic Managemant Act 2004.

[tomtubby]

Hi all

Thanks for the swift replies. The company involved are Task enforcement. I've already checked the registry on HMCS and neither the agent or the company are registered so I guess this makes them debt collectors and regulated by the OFT. If this is true then surely they have no legal right to post this menacing letter through my door. I have been onto the county court who have told me there is no CCJ on this matter , giving these guys even less power. So am I within my right to have this guy arrested by the police on a harresment against my family charge? I will seek legal advice on this when the phone lines reopen tomorrow and I will press charges if I'm legally entitled to. I'm ridiculously stressed over the injustices of it all.Thanks again

 

 

Task Enforcement are a firm of certificated bailiffs. They are wholly owned by NCP and they mainly enforce unpaid parking tickets on behalf of quite a few local authorities including Transport for London.

 

To be fair to Task Enforcement, they will not be at fault here as they are merely provided with the task of enforcing a Warrant of Execution on behalf of the various council.

 

When a vehicle is issued with a parking ticket ( or a camera enforcement) the local authority will apply to DVLA for details of the registered owner of the vehicle. This will be done by providing the VRM to DVLA. This is the vehicle registration mark. I am therefore at a loss to understand how your address could have been given when you say that the vehicle apparently is not registered with DVLA !! Very strange indeed.

 

It really should be the relevant local authority who should be sorting this out but I am assuming that you don't know which one this is.

 

I have sent you a private message with details of a person at Task who I am confident will sort this matter out very quickly.