court case by minder dismissed - now got dca at my door

[DaveDuffy121]

Hi

 

i have had a similar experience with a child minder

 

She took me via MCOL to a county court over a debt

the claim was struck out but

 

now she has instructed bailiffs.(correction -a dca - DX)

 

What I need to know is if the claim was struck out how come she can instruct bailiffs , has she broken any laws in doing so and can i now counter claim?

[honeybee13]

Hello DaveDuffy and welcome to CAG.

 

You need to start your own thead please and tell us your story. Here's a link to the thread starter.

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=412

 

My best, HB

[DaveDuffy121]

HI I've been taken to a county court by a child minder for non payment .

The claim was struck out by the judge but the other day i received a letter from a bailiff .

What i need to know is if the claim was struck out has she acted unlawfully by instructing bailiff and can i now counter claim.

[mikeymack2002]

Have you received the letter from the County Court yet stating this fact? If so give or send a copy to the office of the EA and then inform the issuing Court of this action

[dx100uk]

I don't think you mean a bailiff I think you have a letter from a DCA they ARE NOT BAILIFFS 

whos it from.

[AndyOrch]

Hi i have had a similar experience with a child minder She took me via MCOL to a county court over a debt the claim was struck out but now she has instructed bailiffs. What I need to know is if the claim was struck out how come she can instruct bailiffs , has she broken any laws in doing so and can i now counter claim?

 

She cant...and you have conformation the claim was Struck Out / She didn't set it aside?

 

If not then simply show the Bailiff the Strike out order.

 

Andy

[SabreSheep]

I bet its a Baliff company that also does DCA work

[obiter dictum]

"Marstons"??

 

They tried that one with me,. Talk about a conflict of interest and pseudo credentials

[DaveDuffy121]

I had a disagreement over opening hours with a child minder . she did not open when she said she would ie at 7 am .

This cost me money as I am self-employed . i found another setting for my children and refused to pay her as she had broken a written and verbal contract. She took me to the county court and the judge struck out the claim 

.Now she has instructed a collection agency to recover her so call losses .I have spoken to the court and they have informed me that she is breaking the law by engaging this collection agency. I wish to counter claim on MCOL but am not 100% certain what laws she has broken.

For sure she has cause my family upset and distress . This case has been going on since the summer hols 2014 anybody got any suggestion what i can pursue her with through MCOL. thanks:-x

Sorry mikeymack2002 but what is an EA the firm is called BFL solutions ltd and they collect money for childminders and nurseries alike 

i have the letter fom the court and spoke to the court this morning they tell me that she is acting illegally so i want to pursue her through MCOL but require knowledge of what law she is breaking

[dx100uk]

Threads merged

 

She has not broken any laws by employing a powerless dca

 

They are not baillifs

And have no legal powers whatsoever

 

Simply ignore them

 

DX

[Bazooka Boo]

These clowns are NOT bailiffs, http://www.bhamfinancial.co.uk/home

[i hate bailiffs]

Sorry mikeymack2002 but what is an EA

 

Enforcement agent another word for bailiffs

 

In your case you are dealing with a debt collector

They have no powers apart from talking dribble (similar in that aspect)

They can be ignored they will give up eventually

Once they realise they won't get any money out of you

[silverfox1961]

Hi, I agree somewhat with the others opinions however, I suspect she hasn't informed BFL that the claim she made was struck out. BFL can take no action against you as this matter has already been decided by the courts.

Personally, I would send BFL one letter with a copy of the strike out notice and put them on warning that any further contact will be treated as harassment.

 

Just to show what a poor company they are, the home page still displays an 'OFT approved' logo. The OFT are no more and haven't been for some time now.

[DaveDuffy121]

:-ohi and thanks 

i feel so strongly about the way this child minder has behaved she is just a bully

and i want some sort of redress for the way she has acted.

I,m in business myself and if i acted like her i would have no customers.

she has constantly either by phone or text demanded this money that i do not owe her.

I want to take her through the courts so she cant do this to other parents.

she cited on the court papers that i had committed Fraud

is this Defamatory and can i get her on a harassment charge for demanded money with out due cause?

[ibberty bibberty]

send a brief letter/email to the DCA and enclose a copy of the Court’s Order which confirms that you are not liable for the debt claimed by their client and therefore if they (DCA) make any further attempt to contact you in relation to the same, you will make an application to Court for an Order against them and their client under s.1 of the Harassment Act 1997.

Send a copy of your letter/email to the child minder and also state:-

The purpose, therefore, of this correspondence is to put you on notice as to the same.

no further notice will be served.

All rights as to disclosure hereof are reserved.

ibberty bibberty

[Bazooka Boo]

Well you can most certainly apply to the court for a restraining order against her.

 

If her comments are defamatory, then that is another matter entirely, but in order for you

to get her to stop the harassment, then a RO would be best IMO.