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Good Morning all, I have been on and off this site for a while just reading the posts but never signed up, that is until this morning that I had a very unpleasant encounter with Excel Civil Enforcement Bailffs, so I am therefore looking for some advise (I will try to keep this brief)

 

My now ex partner managed to get herself into some bother with regards to a tv license some time ago and never bothered paying the fine, she was living with me for some time in my house before we split up, Excel have been chasing her debt at my address and to be honest i just ignored the letters and passed them onto her.

 

However this morning said bailiffs turn up at my door, i was actually over my mums. my ex was up for the evening yesterday to see my daughter (I have custody)and stayed the night.

 

I get a phone call off my ex panicking about these two idiots banging the door, off I trot over and very nicely informed them that while she was in the house, the house and its contents were actually all mine (they are)

 

They then proceed to advise that they would force entry regardless and remove my goods, I advise at this time that any attempt to break into my house would be met with reasonable force (i was not that polite though) and they should F O.

 

One of them then advises that he was not a bailiff but a civil enforcement officer and that "he had more power than the police" and that they would gain entry by using a lock smith" anyway to cut a long story short i ended up paying part of the debt for my ex on my credit card as my daughter was now awake and this whole thing was causing some distress to her mum and obviously her, my questions are as follows

 

Could they have forced entry

 

Could they have taken goods

 

Could I have used force against them if they did break in

 

Should I claim my money back through my Credit Card company

 

I'm really annoyed at this and wish I had stood my ground, but when my 3 Year old was crying I had to end it there and then

 

Oh I also recorded the whole episode my Phone

 

Thanks in advance for help guys.

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The CEO should iirc be an employee of the Court, so I would be making a serious complaint to the Court he works for, especially since you have it all filmed for evidence.

 

Contact your credit card company ASAP and have the payment cancelled/charged back - you are NOT responsible for your exes debt, and they have clearly defrauded you, threatening to break into YOUR house for someone elses debt.

 

CEO's can in theory break in, but iirc, they require a magistrates warrant to do so - the original warrant they are issued does not allow this, but experts will advise on this.

 

They cannot take your goods, for someone elses debt. I would argue, that whilst they may legally speaking be protected had they forced entry, or stormed in as that address is what was on the warrant, you also would be entitled to defend your property since you are not the debtor, and they do not live there.

 

Can I ask, are you within the Dyfed Powys Police Force area? If so, you need to hold of the court to inform them they have the wrong address, and get this sorted ASAP, record the phone calls, this is to protect you and your property. Dyfed Powys appear to be very "Bailiff friendly" and have been known to turn a blind eye to Bailiff's headbutting alleged debtors in order to make "peaceful entry" into homes, so you do not want them coming back, with police backup. It's a more "out there" scenario but not completely unlikely, they have your down as a "mark" now, to use the common con man's term, and I would not be surprised if they try and squeeze more out of you.

 

*Asking re Dyfed Powys as Excel appear to be the preffered contractor for much of the region. It is very strange though, that both a CEO and a private Bailiff turned up, unless the second was the CEO's assistant.

 

If you want to protect your property and car, in case they do turn up again, or if your Ex has any other debts she has "forgotten" to tell you then you could do a Statutory Decleration will will cost £5-£10 at local solicitors, or possibly for free at local court.

 

I think you need to have a chat with your ex, to find out exactly what her debt situation is, ie can you expect bailiff's or debt collectors for other debts to be turning up at your home - if necessary guilt her into being truthfull, as this also affects the kids, who live with you.

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Thanks for the advice caledfwlch, I wont be making the mistake of allowing my ex to stay at my house overnight again, it was bad luck that the first time she did these monkeys turn up. I will be speaking to my bank ASAP to do a charge back on my visa card as this debt was not mine and that i felt threatened into paying.

 

The Stat declaration is a very good idea though and I will give my solicitor a call today.

 

Had I been in the house this morning things would have been very different indeed. however i feared that if I had opened the door to get in myself this would have given them an invite to go in, on that note neither of them gained access this morning.

 

Should they decide to come back in the future and try their bullying tactics they will be in for a shock, as for the police siding with them, im not too worried as my sister is a police officer and seems to be up on this type of thing, unfortunate i could not get hold of her this morning but she was dealing with a murder in my local town.

 

Im going to make a point of dealing with these gorillas in the correct way, so any help will be appreciated,

 

Chris

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see; http://www.direct.gov.uk/en/moneytaxandbenefits/managingdebt/debtsandarrears/dg_10034289

As far as I understand a civil enforcement officer aka traffic warden! has far less powers than a court appointed baliff!

They ( Baliff ) can only enter the property under certain circumsatnces with a court order/warrant to obtain goods to the value of the debt.

If it is a valid debt and you have paid it on behalf of your Ex then I dont see how you can claim it back from your CC; on what grounds?; maybe claim from your Ex.

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see; http://www.direct.gov.uk/en/moneytaxandbenefits/managingdebt/debtsandarrears/dg_10034289

As far as I understand a civil enforcement officer aka traffic warden! has far less powers than a court appointed baliff!

They ( Baliff ) can only enter the property under certain circumsatnces with a court order/warrant to obtain goods to the value of the debt.

If it is a valid debt and you have paid it on behalf of your Ex then I dont see how you can claim it back from your CC; on what grounds?; maybe claim from your Ex.

 

The OP was threatened and has it on film, that they would force entry into his home and seize his goods for a debt that was not his. I would say thats being forced to pay money not owed under duress / demanding money with menaces, since the OP is not the debtor. The Bailiff's have clearly abused their position, and the OP's lack of knowledge of his rights.

 

I think your Bailiff knowledge is a little out of date old chap.

 

Civilian Enforcement Officer:

Civilian enforcement officers are employees of Her Majesty's Courts Service and are responsible for enforcing magistrates court orders. They can seize and sell goods to recover money owed under a fine and community penalty notice.[1] They also execute, in England & Wales, warrants of arrest, committal, detention and distraint (also called distress).[1] Members of approved enforcement agencies have the same powers as civilian enforcement officers, but are employed by private companies. Both are referred to as 'authorised officers' in law.

 

As you can see, not Traffic Wardens at all.

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Op should contact nis MP, and furnish them with a copy of the video evidence, and also complaint o police (just for completeness) but police will probably say the sun shines out of the bailiffs rear orifice.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Op should contact nis MP, and furnish them with a copy of the video evidence, and also complaint o police (just for completeness) but police will probably say the sun shines out of the bailiffs rear orifice.

 

What's South Wales Police's rep for bailiff issues?

 

I am guessing the force, based on the Murder the OP mentions. If so, his local court is where the nasty little madam that told my mother she had the right "not to break in, but to change your locks, and not give you a key till you pay me" was certificated.

 

She too was from Excel, I believe they are old friends of yours too BN? Nasty little company. Still, less violent than Menai Collect - wonder if those thugs are still going!

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Hindsight is in exact science but I wish Id done my homework now, I have been on this site for a while but never really bothered to read too much into the whole bailiff thing, i was more interested in the DCA's as i was helping out my ex with these.

 

Called Barclaycard but it was a pointless excercise, I'm going to try and deal with visa directly.

 

I have however cancelled my card incase they try and take the remaining balance from it.

 

In a sadistic way I hope the **** bags come back to the house so that i can deal with them in the manner they deserve. I'm so so angry at the moment its hard to concentrate. the fact that they upset my little girl is what is eating at me the most, if they had come into the house with her there i would probably be in custody right now. I think a drink is in order.

 

on another note, I will be writing to the court enclosing a copy of the video so that they can see for themselves what sort of people they are outsourcing their work to!

 

Also, why is it that they insist on employing skinheads with a penchant for steroids.

 

I look forward to their next visit, I will upload the video to youtube or similar in due course.

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The difference is in the word Civil EO ( traffic warden ) Civilian ( baliff or Court ) EO. OK should not of made light of the word used, sorry.

Anyway as said IMO the OP would get nowhere withh CC on the payment.

Action against the Baliff maybe about there tactics but is it really worth it. More stress!

Suggest OP or ex come to arrangement to pay off debt with regular payments to avoid future problems.

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'record the phone callslink3.gif, this is to protect you and your property. Dyfed Powys appear to be very "bailifflink3.gif friendly" and have been known to turn a blind eye to bailifflink3.gif's headbutting alleged debtors in order to make "peaceful entry" into homes, so you do not want them coming back, with police backup. It's a more "out there" scenario but not completely unlikely, they have your down as a "mark" now, to use the common

 

Take this advice seriously I would say that this should be expected as normal bailiff behaviour, they behaved in this way at my home

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Without sounding like a thug myself, I would welcome a bailiff to try and use agression to gain access to my home, I am perfectly capable of looking after myself against these bully boys (ex para and a 3rd dan martial artist) . I would have given the 2 that turned up about 30 seconds. this however is not the point and i am not a violent person. it makes me sick though that these overgrown wastes of organ doners are allowed to treat people like this, i wonder how much money they have extorted out of the sick, elderly and vunerable.... perhaps i need to calm down a bit but im so so angry im tempted to go around to their registered office and employ some of their own tactics on them.The way these d1ckheads operate needs to be addressed and quickly, otherwise it wont be long before they try it on with the wrong person!im going to try and calm down now as my daughter is due home from scool, thanks for all the advise guysChris

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Avasdad, I imagine that you would have had to pay more than £100 to get them off your back-in which case you are covered by section 75 of the Consumer Credit Act

 

75. — (1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or © has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

 

The bailiffs misrepresented their powers [lied] and you do not owe them the money anyway.

It would be best if you spoke to the bailiff company first asking for your money back since you were threatened and the debt is not yours advising them that you have recorded the whole incident

and will use it in Court if necessary. If they refuse then go to your c/card supplier and claim a chargeback under section 75 of the CCA.

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