Bailiff just illegally forced entry/assaulted me/threatened to put me in hospital/kill my dogs

[er716]

About a week ago a bailiff from "Direct Collections Limited" showed up at my door un-announced - this is not the main story but a build-up which I immediately posted on reddit to document, the main story will be after this:

 

Awhile ago my business went into liquidation - as businesses do, not a lot has happened since then - as the liquidation company has dealt with everything.

 

Then, out of the blue "xxxxxx" from Direct Collections Ltd] shows up at my door. I give him the information he wants, and it looks like he's about to leave, but no - he wanted to harass me first, this is how the conversation went down (his side of the conversation is bolded):

 

>"So the company went into liquidation?"

>

>"Yes, like I said"

>

>This is where his face changed into a thuggish look, like he was about to hit me.

>

>"Why didn't you get advice on this, instead of running the company into the ground?"

>

>"Do you watch the news? Companies go bust everyday, sometimes it can't be helped"

>

>"Yeah course, I've heard all that **** before"

>

>"This isn't even any of your business"

>

>"You like conning people don't you? You've done this before haven't you? Gone bust owing thousands"

 

 

That's when I closed the door on him. I felt completely intimidated, I genuinely thought the guy was about to punch me, I've never had such a thuggish person at my door.

 

I'm absolutely livid, as if I need **** like this when I've lost everything when my business went bust.

 

I don't owe anyone any money at the moment as it was dealt with in the liquidation. I know exactly what their game is, to show up and try intimidate people into giving them a cheque at the door for money that isn't even owed.

Well apparently that wasn't bad enough, because today this happened:

 

This took an unfortunate turn. A different bailiff showed up at my house, this time "xxxxxx" the team leader of Direct Collections Ltd showed up - edit, considering the incident with the last bailiff he was promptly told i won't be talking to him, I asked him if he has a court order for anything or any documents that required I had to speak to him - he said no, and so I attempted to shut the door...

 

He then stuck his leg inside the door and tried to push his way through, he pushed me back while doing this - I managed to force him out of the door and lock it (again - to clarify he has NO paperwork that allows him to enter the property) when I locked the door he was opening the letterbox and shouting through it, I asked him what paperwork he has on him and he said he had a paper that he had to show me...

 

What I've later learnt is the company he's "collecting" for haven't done their research to realise that the company has gone into liquidation and I have gone into bankruptcy (hence living with my parents), so the bailiff is trying to show me a guarantee that I signed 4 years ago when I first setup the company - which he has no legal rights to show me if I don't want to see it.

At this point he shouted through the door "I'll be waiting outside, you've got to come out at sometime i'll rip your ****ing face off when you do" we immediately phoned the police.

 

While my mum was phoning the police our dogs (Labradors!) were barking, he shouted that he would kill them if they got anywhere near him. He continued with a tirade of abuse including "If this was a different place, i'd put you in hospital". After around 10 minutes we figured the police would be arriving any moment so we then waited in the side alley of our house behind a gate for the police, and for some bizarre reason he went and got a camera and took a picture of us all stood there.

 

Now you might think this story would have a good ending when the police arrived of him being arrested.. Unfortunately we seem to have a distinct lack of police who understand the law regarding bailiffs, because as soon as they realised he was a bailiff - they immediately took the "you owe debt and he's collecting" stance, we explained to them the situation and everything that happened and their stance didn't change, and in fact took a tone with us as if we were being over-dramatic . The situation has ended with him leaving and nothing being done, and the police telling me he may be back. The baliff claimed he didn't force entry - he "just put his foot in the door" and that we were trying to set our dogs on him... Our labradors... through a locked front door...

 

My mum is now in tears and frightened to leave the house - thanks xxxxxx police for protecting us!

 

As far as I know he will be returning, and I will hope to get a video camera up before anything happens - unfortunately it's hard to grab one while being assaulted.

Edited February 11, 2013 by ploddertom
Edied to remove identifiers

[brassnecked]

We need to establish what the debt was for and for how much, as the bailiff may actually be a HCEO, are you sure all debts were taken care of in the liquidation and bankruptcy? there is no excuse for the behaviour. make a complaint to the police as the officers were clueless, the behaviour by this retard was criminal. Try to film the numpty with a mobile phone even if he returns. Others will be along soon to help further.

[unclebulgaria67]

Direct Collection are not HCEO's as far as I can see, just standard bailiffs.

 

Anyway, you need to register a complaint with the Police inspector responsible for these officers and advise that you expect action to be taken.

[er716]

He is just a standard bailiff and was not even trying to collect any debts, just show me a document.

[er716]

The policeman said the complain will be "on record" is there anything else I can do, or is that what you meant?

[ploddertom]

I've edited your original post to take names & other information which could be used against you.

[ploddertom]

As far as I am aware Direct Collections do not have Certificated Bailiffs. Do you have rent arrears that were outstanding at the time of going under?

[er716]

As far as I am aware Direct Collections do not have Certificated Bailiffs. Do you have rent arrears that were outstanding at the time of going under?

 

Not rent no, only money owed was for stock

[ploddertom]

In that case they can only have been working as a Debt Collector. Even if the supplier you owe to had a CCJ it would not be these clowns who could enforce that.

[renegadeimp]

I had a muppet doing the same sort of thing back when i was in debt. These doorstep collectors thing they are legit bailiffs, or try to push that vie won people. It's pretty funny when you get in THEIR face and remove them by force.

 

One thing i learned though was if i suspected anyone was going to call and disobey the letter i sent them saying they are not allowed, to always keep something to record them on by the door. Be it a small camera or a mobile phone.

[brassnecked]

If they were calling merely in the capacity of debt collector, and were not certificated bailiffs, or they were not acting in that capacity, then complaint to plod that the DC was impersonating a bailiff, and is therefore committing an offence, along with making threats and demanding money with menaces.

[sgtbush]

nasty barstools

i would be throwing a complaint in to the relevent body

a form 4 complaint seems warrented here

 

here is the directors name and address-- please note this infomation is, and has to be in the public domain at companys house so DPA is not broken

 

Short name - Barry Hughes

Director ID : 915492450

Year of Birth: 1964

 

Address

 

Temple House 221 Station Road

Harrow

Middlesex

England

HA1 2TH

 

 

and this is the company secetary

 

Director Summary

 

Gary Robinson has 3 current or previous company director or secretary appointments.

Short name - Gary Robinson

Director ID : 915440795

Year of Birth: 1966

 

Address

 

23a West Road

Weaverham

Cheshire

United Kingdom

CW8 3HP

Company Summary

 

Company NameCompany Status

DIRECT FACILITIES MANAGEMENT SERVICES LTDActive

DIRECT COLLECTION BAILIFFS LTDActive

DIRECT COLLECTIONS LIMITEDActive

[brassnecked]

If they aren't bailiffs what good is a Form 4, or are they definitely certificated. Certifiable and in need of a place in a secure mental health unit is more appropriate.

[sgtbush]

If they aren't bailiffs what good is a Form 4, or are they definitely certificated. Certifiable and in need of a place in a secure mental health unit is more appropriate.

 

the company is regesterd with companys house and they are indeed bailiffs

DIRECT COLLECTION bailiffs LTD

[brassnecked]

the company is regesterd with companys house and they are indeed bailiffs

DIRECT COLLECTION bailiffs LTD

Thanks for that sgtbush, they are or should be in the doo doo, if Op progresses this then.

[ploddertom]

The process should be if you a debt:

 

1 - they write and ask you for it

2 - they turn it over to a debt collector - which is what I believe is happening here

3 - for a Bailiff to be involved the creditor must first obtain a CCJ, you must then fail to pay and the creditor then has choices to make

a - apply for a Warrant of Execution whereby the County Court Bailiff would be employed

b - apply to transfer it up to the High Court - providing the debt is for more than £600 - and a High Court Enforcement Officer would be employed

c - apply for one of the other methods of enforcement.

 

It may well be that whoever came was indeed a Bailiff but unfortunately it seems to me he would have been misrepresenting his powers in this instance. Would be interesting to get back to the Police and find out what he produced or did he just spin a yarn.

 

The company appear to employ no Bailiffs of their own, a read of their website seems to suggest they do a lot of Rent work where a Certificate is not always needed.

 

The question has already been asked if you declared this at your bankruptcy, under what status did you trade?

[HCEOs]

The company appear to employ no Bailiffs of their own, a read of their website seems to suggest they do a lot of Rent work where a Certificate is not always needed

 

Just for info, a General Bailiff Certificate is always needed to levy distress for rent unless it is done by the landlord themselves.

 

The key point for the OP is that he finds out exactly in what capacity this guy was attending.

 

I very much doubt it was as an HCEO but am concerned that there is currently a very small HCEO firm who is farming work out to individuals who have little to no understanding of High Court Enforcement.

[brassnecked]

"I very much doubt it was as an HCEO but am concerned that there is currently a very small HCEO firm who is farming work out to individuals who have little to no understanding of High Court Enforcement."

 

That is worrying as enforcement should be done properly or not at all.

[sgtbush]

Not rent no, only money owed was for stock

 

 

debt was for stock not rent