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    • Good news for me is that the Bounce Back Loan came through so I can pay the full car payment!  Thanks for reply.
    • Welcome. please follow the advice given above as to reading around the various stories and then monitor this thread for a full reply tomorrow  
    • Hi Everyone,  I am the seller in this case and want to thank the buyer for their support.  The bike was delivered to the local Hermes Parcel Shop really well packaged and sealed on the 3rd Feb with a receipt obtained.  Sadly the parcel was emptied on route to the buyer.   I had listed the bike for collection only however the buyer messaged and asked if we could arrange a courier to which I agreed and they organised that.  When the bike went missing I contacted the local police as the Hermes parcel shop said they would not release CCTV to me.  We got all this from the Police.  since then the buyer has tried his very best which I am grateful with Hermes and parcel2go but is struggling.  Any help is appreciated. 
    • Also, you should start a claim against Hermes. Post your story on the Hermes sub- forum. Give us a full breakdown – including dates and value et cetera. We will help you get your money back
    • We care, we are highly motivated – and we enjoy winning against Hermes – which we do on pretty well every occasion. Start reading the sub- forums so that you are familiar with all the Hermes stories and the way that the process normally goes. Make sure you understand the mediation process. Make sure also that you understand the steps involved in bringing a small claim in the County Court. It's very easy but you need to know the steps in advance so that you have confidence. Don't forget that this is a self-help forum   If you have CCTV footage then please post it here. I suggest that you put it up on youtube and then post a link to it on this thread.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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I heard a noise downstairs. I had just got out of the shower. Threw on leggings ran downstairs getting dressed, just managing to put my top on. I walked into the kitchen a man all in black with a protective vest on.

 

He had gold numbers on his shoulder’s socks tucked into his boots. I said "what are you doing in my house? Who are you?" He would not tell me. I said "Get out" he refused. Again, I told him to leave. I asked him who he wanted and what address. He told me the address and I said, "THAT IS NEXT DOOR" He called me a liar and said he would not leave he was 2 inches from my face at this point I was petrified. At this point my son came to visit me and opened the door. He asked this thug who he was. He refused to show any identification,

 

I told my son it was for next door. He asked what name and the thug said a name of a person who lived next door but left approximately 8 years ago. My son took a photograph of the plaque next door and showed him. outside this thug stepped into my sons face and said got a problem? Do you want one.?

 

I told my son to call the police and after taking a photograph of the property he walked back to his white van. I spoke with the police who asked me to give the phone to the thug. as I walked towards his van he sped of very fast and I had to dive out of the way, or he would have ran me over. I am not exaggerating I actually have the whole event on CCTV.

 

The police rang me back and said they would not attend as the thug was a bailiff. Is said not for me he wasn’t he was an intruder. I was really mad at the police and said it was a disgrace and that I was not happy.

An hour later 2 police officers came and said it was a bailiff and there was nothing they could do. I said to the police get out of my house now. They immediately started to leave. I said why are you leaving?? they said because you told us to. Hold on, so I can tell police officers to leave and you have to go but a bailiff that came into my home when he was in the wrong property and would not leave then tries to run me down, does not have to leave? So, he has more power than you???

 

I wrote 3 letters of complaint to the Bailiff company they ignored them. I called and they put the phone down.

Does this mean anyone can come into my home and the police will not protect me? I am so scared now. I do not like being home alone and lock the door even if I go outside for a minute, then I am scared because I cannot open the door quick enough. I really do not want to live in a world that is not safe. Should the police have helped me. Are people allowed in my house by their mistake with no consequence?

 

If anyone has any thoughts I would be grateful to read them.

 

TLF

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  • unclebulgaria67 changed the title to I FOUND A BAILIFF IN MY KITCHEN???

Which bailiff company was involved ?

 

 

We could do with some help from you.

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let us guess....i bet we all know...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

the police told me it was a company called Marsdens

 

Tlf

 

The bailiff in my kitchen was dressed just like a police officer numbers on his shoulders and all. I belived he was.

 

TLF

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Hi

I hope you dont mind me asking for some details, it is not because anyone doubts what you say, its just so we have a clear picture.

 

You found the bailiff in your kitchen. Can I ask how he gained entry?

 

Also, can you say what time this was. They are only supposed to call between certain times of day.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Ho ho knew it would be marstons

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sorry I could not get from the other person and back to you. I went back to my emails and found you.

We live far away from everyone and my daughter lives in the attached cottage next door. The person the bailiff was looking for, used to live there 8 years ago. His name was Richard --------------------- 

I never used to lock the door.

He must have just walked in. The cottage has a sign saying " cottage". In order for him to get to my back door he had to go through a gate .

It was approx 5pm.

 

Jilly

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Always have your door locked, to avoid anyone getting in without your permission.

 

Enforcement Officers (Bailiffs) are allowed to make peaceful entry into a private address, but they should announce who they are (name, job role and company) and the reason for their attendance at your address.

 

As soon as they were told that the person they were seeking was not living at the address, they should have asked politely for more information.  Once they were aware they were at the wrong address they should have apologised and left. 

 

The conduct you describe would be professional misconduct and would not involve the Police.  The Enforcement Officer had a legal right to be seeking the debtor, so nothing criminal.  As Marston have appeared to reject your complaint you could contact CIVEA.

 

https://www.civea.co.uk/complaints

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Just as UB says, he bailiff does not need to be invited in, but he certainly should have announced himself.

i dont suppose he said what the enforcement was for?

 

The bailiff has to have a "reasonable belief" that the debtor resides at your address, if he is permitted to enter.

 

In the first post you say the Warrant was addressed to next door, is this your daughters property and did this Richard live at that address or your address.?

 

We should find out what the bailiff may say to try and justify his actions.

 

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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7 hours ago, unclebulgaria67 said:

Enforcement Officers (Bailiffs) are allowed to make peaceful entry into a private address, but they should announce who they are (name, job role and company) and the reason for their attendance at your address.

 

As soon as they were told that the person they were seeking was not living at the address, they should have asked politely for more information.  Once they were aware they were at the wrong address they should have apologised and left. 

 

The conduct you describe would be professional misconduct and would not involve the Police.  The Enforcement Officer had a legal right to be seeking the debtor, so nothing criminal.  As Marston have appeared to reject your complaint you could contact CIVEA.

 

https://www.civea.co.uk/complaints

Whilst you are right UB that an enforcement agent can gain 'peaceful entry' into a property, this is not exactly what is expected during the COVID 19 pandemic. Since, March (when we had the 1st 'lockdown')  this is the first case that I have come across where a bailiff  has entered a property.  This is very odd indeed and appears  not to be in line with the recent Guidance for enforcement agents during COVID 19.

 

If it is the case that complaints to the enforcement company have been rejected, then the enforcement company should have given the OP the option of EITHER asking that the complaint be considered by Marston's Independent Advisory Group OR CIVEA. 

Edited by Bailiff Advice
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On 22/01/2021 at 13:11, tlfzzz said:

I heard a noise downstairs. I had just got out of the shower. Threw on leggings ran downstairs getting dressed, just managing to put my top on. I walked into the kitchen a man all in black with a protective vest on.

 

 

I wrote 3 letters of complaint to the Bailiff company they ignored them. I called and they put the phone down.

 

 

 

If anyone has any thoughts I would be grateful to read them.

 

TLF

 

Would you mind letting us know when this particular incident happened. 

 

You mention that you have written 3 letters of complaint and that the enforcement company have IGNORED them. Can you provide more details on this. For example, did you receive responses to each letter? 

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Marsdens did not even acknowledge any of the letters.

I think they ignored them so people get bored.

 

I am just thankful that it was not me who owed the money.

I do not know what I would have done.

 

Do they usually collect debts from at least 8 years ago?

I am just getting the date from my son he has the cctv record.

 

I really wanted to know if they were allowed to go into an address that had nothing to do with the debt.

Mostly because I am afraid anyone can just walk into my home.

 

My daughter moved into the property 6 years ago .

The man Richard whos name was on the paperwork moved out of that property approx 8 ytars ago.

He never lived at my address.

 

The date the bailiff came into my house was 12th Oct 2020 at 13:11pm

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