Visit from confused bailiff

[Mrs E Blackadder]

That's excellent, thank you. I will type it out properly in the morning.

 

Just one thing though, some of the stuff in the house obviously belongs to my sons. Should I amend the bit where my name is to also include theirs?

 

I can't thank you enough today everyone for your replies and help. I'm actually starting to feel like I can handle this situation thanks you fellow Caggers. Before, I would have sunk into a deep depression and not surfaced for days but now I feel much stronger, and it's such a good feeling .

 

Ploddertom, I salute you!

[ploddertom]

 

Just one thing though, some of the stuff in the house obviously belongs to my sons. Should I amend the bit where my name is to also include theirs? - Yes, as long they are of a majority age. Otherwise they would be classed as childrens effects and not seizable.

 

 

PT

[Matt63]

Hello Mrs. B. Just a thought, probably a good idea to invest in a digital camera and ask to take photographs of any IDs that are shown. Also, I take it you have a chain on the door?

[Mrs E Blackadder]

Hi Matt, thanks for your suggestions. Yes, I have a door chain and it's on all the time I'm in. As well as the camera, I have thought that it might be worthwhile recording anything that is said. I have my phone that I can record on, and I am more than happy to tell them what I am doing if this makes it more legal.

 

PT - both under 18, so presumably I can leave their names off.

 

Another thought I had about the car - I was told by bailiff he would check who owned the car. Legal owner will show as a leasing company. However, if he is stupid enough not to bother to check or does check and comes back anyway, can I call the police and tell them that the car is being stolen? After all, the bailiff will be taking a car that does not belong to the person he is looking for.

[Mrs E Blackadder]

PT, sorry for more questions, but I'm a bit confused about the Statutory Declarations Act 1959 bit. When I look this up, it points me towards Australian law! Is the 1959 one correct or should it be 1835?

[ploddertom]

Morning Mrs B, been giving things some thought and wonder from what you said yesterday if this was just a visit from a Process Server - would certainly fit the reason no paperwork was left or the fact no vehicle was seized/clamped immediately. It would also fit the County/High Court scenario.

 

As for the car they would be silly to attempt any action on this having being forewarned of its status. The date of the Act for the UK does appear to be 1835 - thanks for pointing this out.

 

PT

[Mrs E Blackadder]

Would a process server fit in with a scenario of a county court bailiff working for the high court with a warrant of execution? I thought he said that it was a high court summons rather than a warrant of execution, which I suppose would fit more with him acting as a process server. Also, I thought that process servers were more likely to be from private companies than the county court, but as you can tell my knowledge of such things is majorly limited :noidea:lol.

 

If you remember 'Soap' the American sit-com from the 1980's, it had a wonderful line at the beginning which said 'Confused? You will be!' That neatly sums up my understanding of the world

 

Am off to the solicitors in a mo. They are only 5 minutes up the road, so if I need an appointment to see someone it won't be the end of the world and I really do need to get out for a while. (I will, of course, be remembering to lock all my doors and windows before I go). Hopefully I have typed out the right thing, but I'm sure they will put me straight it there need to be any changes, and with any luck it will act as a bit of a deterrant should the confused one make a return visit.

[Mrs E Blackadder]

Looks like things are going from bad to worse.

 

I have been to the solicitor and got the Statutory Declaration signed. I also have photocopies of my council tax bills for the past 4 years as proof of single occupancy.

 

HOWEVER, in the post today arrived a letter addressed to Mr B. I haven't opened it, but can read it through the envelope. It is from Marstons, claiming that they are going to attend this address next week with removal contractors and will seize goods to satisfy the debt. I believe the debt to be the same one relating to the above

 

What is my next step? I do not want these people attending as Mr B does not live here and I just do not trust them not to try to wangle their way in somehow. I also do not want my children having to face this sort of thing.

 

Should I phone them, inwhich case I doubt they will believe me and will turn up anyway.

 

HELP!!!

[queensclose]

Simple

Send in your stat dec plus your council tax bill to them. And tell them if they attend the police will be called for breach of your peace

 

Don't even open the door to them

 

Then it's letters of compliant time

[Mrs E Blackadder]

How is this for a letter:

 

Dear Sir/Madam

 

With regard to the letter recently received at this residential address for Mr E Blackadder, ref no xxxxxxx, please find enclosed proof in the form of council tax bills that this person has not resided here for over 4 years. Also, please find enclosed a sworn Stat Dec that all goods on the premises belong to myself. There is nothing here that belongs to Mr Blackadder.

 

I also return the original letter and envelope, duly marked as moved away.

 

Should any member of your staff attend at the above premises at any future date following receipt of this information, I shall consider it harrassment and steps will be taken to prevent any further harrassment towards myself or my family.

 

I should be grateful if you would acknowledge receipt of this letter and its contents in writing, also confirming that none of your officers will attend the above address at any future date regarding this matter.

 

Mrs B.

Edited August 4, 2011 by Mrs E Blackadder

[ploddertom]

See nothing wrong with that but would also send it by email.

 

PT

[Mrs E Blackadder]

I've sent it via special delivery, so it will be delivered by 1pm tomorrow.

 

I decided to give them a call, so at least I could register my objections. Cheeky beggars wanted me to provide a copy of my mortgage statement to prove that Mr B was no longer on it. Not quite sure the significance of that as he could have his name on a hundred mortgages but not live at any of the houses and not have his name on the one mortgage of the house he lives in - can only assume that they want me to do some of their work for them so that they can somehow go back to court and say 'he owns half a house, let's go after that'. Have sent them copies of council tax bills and the stat dec signed to say everything here is mine.

 

Their records were wrong, I was told the confused bailiff had come round on Saturday. I said that this was definately wrong and that he had come round on Monday morning. Man on phone said that his computer records must be wrong. No sh*t, Sherlock! He also said that he had a car that had been levied on and that they would take that if necessary. I pointed out that it could not be taken, it was a lease car, that I had been told by confused bailiff that this would be checked, so why hadn't it been checked. Man on phone had no answer and said he didn't know, so I said that I thought it was appalling that they had had 4 days to do that but hadn't. He asked me to provide proof of the leasing company but I said that as it wasn't me who leased the car I didn't have that proof, so again he said that they would check with the DVLA. They haven't yet, so why should I believe him now.

 

Think I will also email them a copy of the letter I sent this afternoon, just to be on the safe side. Just can't trust these people to act on the information I have sent them.

 

So, I suppose my question now is what do I do if they insist on turning up next week, despite being given the relevant information and still take the car away? I've now been told by two different people that it will be checked with the DVLA, but they seem incapable of doing this, and presumably if they take it then it will cost ME money to get it back. Mind you, if they do take it, perhaps I should just leave it with them. Would like to see what happens to them when they try to sell it - hopefully they would be found guilty of theft.

[regan11]

Hope you recorded the call to the bailiiffs office, Mrs B.

[ploddertom]

And you have of course sent them your bill for all the hassle and inconvenience you have been put to!

 

£25 per letter

£10 per phone call

£35 per hour research

I then add VAT as I am registered and this really winds them up

 

PT

[Mrs E Blackadder]

Sadly, no way to record the call, however a friend of mine was here with me and listened into the conversation. They would be more than happy to be a witness if they should deny saying that they said or didn't say something they did or didn't, if you see what I mean.

 

Have just gone through all my paperwork, and have found a letter from the leasing company dated 2007. It is when they sent a replacement tax disc because the first one went missing. It does list the drivers of the vehicle as myself and Mr B, and the letter was sent to his (old) company address. However, being a lease car, I don't suppose it matters who the listed drivers are or where the letter was sent, what does matter is that it shows who owns the vehicle and that it is leased.

 

PT... Can I really send them a bill for any hassle they have caused me? I doubt very much indeed that they would pay up, expect I would just get a letter back saying that they have no intentions of paying as they were only doing their jobs!

 

Have developed a nasty migraine because of all the stress. Maybe I can charge them for the cost of the migraine tablets.

[ploddertom]

They may not cough up but if you send them an Invoice it may make them think - if you want a simple program to dish one out try Express Invoice.

 

PT

[Mrs E Blackadder]

Well, have sent them the proof of my single occupancy and statutory dec, which they signed for last week. Have now emailed them twice asking for their confirmation of receipt and asking them to let me know who it has been passed to. Absolutely no response. I am keeping copies of all the emails so that if I have to take things any further, it won't look so good on their part that they can't even acknowledge an email (or two).

[Matt63]

Well done!

[Mrs E Blackadder]

Surprise, surprise (or maybe not), no reply to a third email sent today.

 

Not very professional in my opinion.

[Mrs E Blackadder]

They signed for my letter over a week ago but have not responded to it in any form, let alone in writing as I requested. Also, there's been no response to the three emails I have sent them. I think a letter of complaint might be a good idea, does anyone have any suggestions (keep 'em clean and sensible please ).

 

From where I am standing it comes across as deliberate non-communication.

[ploddertom]

Sounds like par for the course to me.

 

PT

[brassnecked]

I wouldn't be surprised if you get another threatening demand, and no response to your emails and letter

[Mrs E Blackadder]

No response from Ma Stones to any email sent, makes you wonder why they bother having an email address really.

 

Have received a reply to my letter. They have given me a completely new surname, and addressed me as Dear Sir. They have also ignored everything I asked them in the letter but have, instead, focused on trying to make me believe they can continue to harrass me should they feel it necessary.

 

A picture of monkeys and typewriters sprang into my head...

[ploddertom]

Breweries & Drinking come to mind, but there again it should with a name like Marston's!!

 

PT