sons Council PCN fine -Proserve Conwy bailiff says can enter my house - help pls

[pinkcob]

I had a bailiff on behalf of a council put a note through my door yesterday saying they have a warrant and will enter and take goods.

 

 

I rang him as its in my son's name and he's abroad teaching and offered £100 as all I had the amount is £300+

 

 

he refused and said all had to be paid or he would enter

- now I know my son hasn't got this ATM - help!

 

 

He had missed all previous letters as we've moved

- can they take my stuff?

[Bailiff Advice]

I had a bailiff on behalf of a council put a note threw my door yesterday saying they have a warrant and will enter and take goods. I rang him as its in my son's name and he's abroad teaching and offered £100 as all I had the amount is £300+ he refused and said all had to be paid or he would enter - now I know my son hasn't got this ATM - help! He had missed all previous letters as we've moved - can they take my stuff?

 

Can you just clarify a query about the letter. Does it actually say that the bailiff 'will enter and take goods'? If this actual wording is used, then this alone is grounds for complaint. Most letters state that 'we can remove goods in your absence'. This common phrase has been used for many years and refers to goods that are outside of the property (usually a motor vehicle, motorbike, caravan or expensive garden furniture etc).

 

Secondly, as this debt is for an unpaid road traffic debt (penalty charge notice), there is no right to force entry. Entry into the property may only be via invitation (or through an unlocked door).

 

Thirdly, does your son have a car and is it parked outside of your home? If so, it is at serious risk of being taken.

 

If your son has moved, then the correct procedure is for him to submit an Out of Time witness statement to the Traffic Enforcement Centre. This application is done via email so could feasibly be submitted from overseas if necessary.

 

The main point is whether or not your son has a car and if so, whether it is parked at your property.

[pinkcob]

Actually it says

- I shall attend to take control of goods but when I telephone this bailiff [removed] from Proserve Conwy - I said you can't come in my house and take my things and he stated he could!

 

I said several times he couldn't and he wasn't allowed and he was adamant he could and would!

 

I had checked with cab who said he couldn't

I told him that and he said they were wrong and to check again!

 

And wouldn't accept my £100, my son hasn't a car it was scrapped and we don't have a car either.

[dx100uk]

not even your debt

tell him to bugger off!

[Bailiff Advice]

Actually it says - I shall attend to take control of goods but when I telephone this bailiff Craig Vernall from Proserve Conwy - I said you can't come in my house and take my things and he stated he could! I said several times he couldn't and he wasn't allowed and he was adamant he could and would! I had checked with cab who said he couldn't I told him that and he said they were wrong and to check again!

 

And wouldn't accept my £100, my son hasn't a car it was scrapped and we don't have a car either.

 

 

Only yesterday I mentioned that up to a third of payments received by bailiffs at the enforcement stage (doorstep visit) are paid by a 'third' party. Most times, these payments are made to avoid goods being removed or to stop a bailiff attempting to force entry (only applicable in the case of magistarte court fines).

 

I can appreciate that you may well have wanted to assist your son by offering to pay £100, but the fact remains, that he had moved address and very likely, had not received statutory notices. Secondly, he is overseas. The enforcement agent has refused this payment and that is now his loss.

 

To be brutally honest with you, this debt is your sons, and the officer should not be discussing his affairs with you.

 

I would simply send a text to advise that your son moved address and would not have known about this debt and that he does not have a vehicle (as it was scrappped) and that you do not intend discussing his financial affairs with the enforcement agent any longer.

[brassnecked]

Proserve are aggressive and will not give up Conwy Council is also a cash greedy council, you may need to contact Conwy CBC and appraise them of the facts as BA has indicated if the bailiff is still insisting on trying to force entry or threatening to do so, threaten them with ICO for breach of DPA on third party debt.

[steveod]

And tell him that he is in breach of data protection act for even discussing your sons debt with you. Tell him to get lost and you will be reporting it to the ICO.

[pinkcob]

Well thank you all for your replies-

I went to cab today as was so worried and played them my telephone convo with him

they were horrified and have put me in touch with others

 

 

- I'm no longer concerned

- my son doesn't even live here and he's dropped himself right in it

- won't be bullied by these liars

[brassnecked]

Brilliant you recorded the call,

good evidence for a Formal Complaint to Conwy CCBC,

 

 

indicating you will be referering their agents Proserve to the Information Commissioner for discussing a third party debt with you.

 

 

The complaint would be regarding their agents Proserve Conwy

if they keep insisting they can force entry for Council PCN,

which is a third party debt for a non resident at your address.

[dx100uk]

IMHO if you have the tape

I would be going to the council enforcement dept and playing it to them.

 

 

dx

[brassnecked]

IMHO if you have the tape

I would be going to the council enforcement dept and playing it to them.

 

dx

Conwy Council have stupid officers, trust me I know. they will try to bluff it out so Formal Complaint and referral of Proserve and Conwy to ICO.

[dx100uk]

this could get fun...

 

 

compensation for distress too me thinks......

[pinkcob]

Conwy Council have stupid officers, trust me I know. they will try to bluff it out so Formal Complaint and referral of Proserve and Conwy to ICO.

Sorry Proserve are in Conwy and they are representing Ceredigion council

[pinkcob]

Proserve are aggressive and will not give up Conwy Council is also a cash greedy council, you may need to contact Conwy CBC and appraise them of the facts as BA has indicated if the bailiff is still insisting on trying to force entry or threatening to do so, threaten them with ICO for breach of DPA on third party debt.

 

This [name edited] was representing Proserve in Conwy for Ceredigion council

Edited October 5, 2016 by honeybee13
Name removed

[Bailiff Advice]

Well thank you all for your replies-

I went to cab today as was so worried and played them my telephone convo with him

they were horrified and have put me in touch with others

 

 

- I'm no longer concerned

- my son doesn't even live here and he's dropped himself right in it

- won't be bullied by these liars

 

As advised by DX, I would suggest that you bring the tape to the attention of the local authority and please do post back with their response.

[brassnecked]

Thanks for the correction, I am sorting some similar issues with Conwy CBC for a resident so went off on a tangent assuming it was Conwy council. Ceredigion Council need to be appraised of their Agents actions as recorded on the tape then.