Arrogant bailiff from CDER Group, not my debt!

[seanamarts]

Hi guys, its been a long while since I visited, I like the new look.

Anyway, same old story. I just want to check that I did the right thing and ive not missed anything out with a complaint Ive put forward to the above Agents.

 

This debt isnt my debt it is a previous tenants, its been ongoing since I moved in here. Ive spoken to the debt collectors and the courts and had been assured that my address has come off their system. 

All correspondence since has been sent back with notice that this person does not live at this address.

 

You think thats the end of it.

A young pup of an agent, 2 months certificated knocks. Im profoundly deaf now by the way, so I dont hear it in the garden, but my dogs are going nuts so I know someone is nearby, so I go look.

I saw the guy at the top of my stairs to my front door and I let him know im deaf. he walks towards me and im still a little unsure of who he is at this stage, but as he got close he asked for the lady that lived here 3 years ago. The same name ive dealt with 2 years prior. 

 

I told him im not her and we go through the song and dance routine of prove it etc. 

 

Someone I loved dearly was buried this morning, so Im really in no mood to argue, so I said take whatever you want or go, im not dealing with you right now and I walked off back into the garden. However I had to go and shut my front door as my dogs were barking at him and I was a little worried my big dog might lunge at him as he could tell I was upset.

 

went in via the back and he went and stood by my front door, to get rid of him I got out my licence, as I had nothing else here to show him who I was. He wasnt happy with that and asked for a CT bill. I dont keep them at hand and I had no idea where it was and told him that. He told me to stop shouting, I told him I dont know how loud i speak as im deaf and I dont hear myself,

 

he told me to put my hearing aids in, he actually told me a few times to put them in so I could hear him. I cant actually use them at the moment, theres a health reason why I cant. I told him to leave as theres nothing more I could do for him, he said no and just constantly asked for my CT bill. I said I couldnt get it.

 

Then all of a sudden he just turns round and says im hurting his ears??? 

I didnt realise how rude and patronising he was until I watched back the CCTV.

 

Surely if there was a communication issue here, shouldnt he of left? or at least made arrangements to come back where I was more prepared to deal with it. 

He wasnt even wearing a mask and got pretty close to me at one point. didnt show his ID badge when asked, in fact it wasnt even showing. I asked for his contact details, so I could send proof but he just threw a letter at me addressed to the debtor and said its all in there. 

 

Am I right to complain. no one deserves to be treated like this. 

 

 

[seanamarts]

Shall I keep it posted with regards to the complaint or just delete?

[unclebulgaria67]

Yes definitely complain and send a subject access request asking for any body worn camera footage to be supplied.   They will then have to watch it back, before replying to your complaint.

 

You could get your local MP involved, which should put the frightners on them for dealing with someone in this way.

[stu007]

Hi

 

In what capacity was this Agent acting as a normal Debt Collector or as an High Court Enforcement Agent as this lot cover different enforcement areas?

 

As for the Agent throwing the letter at you with the full details of the actual debtor that does not live at your address this Agent has breached the Data Protection Act by giving you those details so you make sure in your complaint to question this and that if you are not satisfied with there response you also complain to the Information Commissioners Office (ICO) of this Data breach by there Agent.

 

In the complaint also ask for full clarification as to how they traced this individual to your address when the Courts area fully aware they do not live at your address as they were the previous tenant.

 

As stated in previous post send them a SAR for the body worn camera footage.

[seanamarts]

17 hours ago, unclebulgaria67 said:

Yes definitely complain and send a subject access request asking for any body worn camera footage to be supplied.   They will then have to watch it back, before replying to your complaint.

 

You could get your local MP involved, which should put the frightners on them for dealing with someone in this way.

I did look at his camera a few times and it didnt look like it was recording, I know many have a red light when recording on body cams. I did ask him if it was on and i didnt hear his response. This was after he threw the letter at me and told me to get details from the letter if I wanted to complain. His conduct, i doubt would be as bad as it was if he had his cam recording. Im just glad my CCTV was running and recorded quite a bit of it. 

Its been such a long time since I dealt with this kind of bailiff that I cant remember if I need to send payment for an SAR. 

 

My MP is as useful as a chocolate tea pot round here and I doubt they would do anything, but just send out the usual garb. 

[unclebulgaria67]

SAR are now free.

[seanamarts]

7 hours ago, stu007 said:

Hi

 

In what capacity was this Agent acting as a normal Debt Collector or as an High Court Enforcement Agent as this lot cover different enforcement areas?

 

As for the Agent throwing the letter at you with the full details of the actual debtor that does not live at your address this Agent has breached the Data Protection Act by giving you those details so you make sure in your complaint to question this and that if you are not satisfied with there response you also complain to the Information Commissioners Office (ICO) of this Data breach by there Agent.

 

In the complaint also ask for full clarification as to how they traced this individual to your address when the Courts area fully aware they do not live at your address as they were the previous tenant.

 

As stated in previous post send them a SAR for the body worn camera footage.

 He was an enforcement officer, he didnt show me his ID after I requested to see it though, he wouldnt show me the warrant after I requested to see that either.  Just asked why I wanted to see the warrant. 

I have since found out that he was certificated 2 months ago at Dartford County Court. 

 

It was just her name on the envelope with Private and confidential written on it. I had to open it, because I had no idea who he was or what this was for or where he came from so that I could deal with it. 

 

The person in question lived here about 3 to 4 years ago, I have dealt with a few debtors and a county court summons a few years back, I opened one accidentally and glad I did as it was a court summons. This is when I told the court that this lady hadnt lived here for 2 years, I sent copies of my CT and a copy of my tenancy as they requested and stated that they would take my address off their system.  I even asked what should I do if anything else came for her and she told me to just send them straight back, which is what I did with "not at this address" on the envelope. but Ive not had any more court letters sent, but I think I sent a couple of enforcement letters back, but I didnt open them, which was a couple of weeks back. There were 2 and both came on the same day. Now Im thinking if theres more than 1 debt Im going to get another visit. 

 

I wish I was a bit more with it that day as I would of possible dealt with it better. But I wasnt expecting a bailiff visit.

 

Im just hoping that my complaint will be enough to stop any further visits. He did threaten to come back and next time start removing goods, after he saw my licence. 

I am a bit concerned he will try and take my car or clamp it. Its fairly new, but it is registered in my name and insured and I have the paperwork detailing its my car. but when do they ever check, I just dont need this aggravation. 

I forgot how depressing this can get.  

[seanamarts]

8 minutes ago, unclebulgaria67 said:

SAR are now free.

Thank you, I will get this sent off if I dont get a satisfactory response from the complaint thats been sent. 

[brassnecked]

Was he visiting for County Court as HCEO, or as one of Marston's for a criminal fine?  There will be a slightly different approach to get them away permanently.  What Bailiff Co was it?

[seanamarts]

On 07/06/2021 at 17:40, brassnecked said:

Was he visiting for County Court as HCEO, or as one of Marston's for a criminal fine?  There will be a slightly different approach to get them away permanently.  What Bailiff Co was it?

Looks like it was a county court Judgement as on the notice of intention to take control of goods, it stated HMCTS warrant of control,

The company is CDER group.

[Bailiff Advice]

13 hours ago, seanamarts said:

Looks like it was a county court Judgement as on the notice of intention to take control of goods, it stated HMCTS warrant of control,

The company is CDER group.

I would dispute your thought that the debt is for a County Court Judgment. I would suggest that the debt is for an unpaid Magistrates Court FINE. This is evident by the reference to HMCTS. 

 

 

[seanamarts]

Yes BA, my mistake, I didnt mean to put "county" court. The court that sent notice to me 2 years ago was for an unpaid motor offence. However there has been so many debt letters sent here for this person, so im not so sure whats what.

Edited June 11, 2021 by seanamarts

[seanamarts]

A quick up date

 

Have received an email from their welfare department.

 

They found he wasnt rude to me. Throwing a letter at me addressed to the debtor and telling me to read it to get information off of it wasnt rude? 

They told me to contact Essex Magistrates Court, Im unaware that this court even exists, Ive done a search.

 

She stated that an external investigation team gave them the details of the debtor. Apparently this was her last known address. Not sure how they come up with this information as I found her on 192.com after she had vacated this property.

 

No information on where he was certificated, however I managed to find that out. 

 

Ive escalated my complaint and requested the footage. 

[seanamarts]

just a quick update on this, its now been escalated to the 2nd stage of their complaints process.

 

Sorry for the delay but they have been dragging their feet in responding

[brassnecked]

Thanks for the update, they will try to drag it out so you give up probably

[unclebulgaria67]

Not sure these enforcement companies take complaints seriously.  They probably just see mistakes and bad behaviour as business as usual.

 

 

[seanamarts]

On 20/07/2021 at 10:46, brassnecked said:

Thanks for the update, they will try to drag it out so you give up probably

I have now.

 I got a 3 page letter from them stating that basically he was just doing his job, however they did find that he was a little rude and uncooperative, so I had an apology. 

Im off their records now, if I want to take it further with the ombudsman I can, but my health has not been good and with my other issue with Bulb going on, Ive just dropped it. If i was any better I think I would of taken it further. I just dont understand why these people just cant act human. 

 

You can close this now it you wish, many thanks for your support. 

[brassnecked]

At least you had an apology of sorts.  They hate to be wrong, but how many other's have wrongfully lost property they have taken for someone unknown's debt who might have lived at the victims address at one time? Its common on Council estates and HMO with high tenancy turnover, the bailiffs tend to be arrogant and hate to be challenged. 

[seanamarts]

20 minutes ago, brassnecked said:

At least you had an apology of sorts.  They hate to be wrong, but how many other's have wrongfully lost property they have taken for someone unknown's debt who might have lived at the victims address at one time? Its common on Council estates and HMO with high tenancy turnover, the bailiffs tend to be arrogant and hate to be challenged. 

youre spot on, I live in notorious Jaywick and I reckon he was rubbing his hands when he saw what was sitting outside of mine. Think this is why he was so disgruntled that I wasnt the person he was looking for, he would of got a nice little earner out of my car and the bike.