Fireman 1963 baliffs demand fees whilst parent out from the kids help please

[MARTIN3030]

Ok Fireman heres your thread give us a bit of info please

[MARTIN3030]

Where is he........??????????????????????

[angela1606]

lol i think you frightened him

[fireman1963]

Can anyone help with a couple of questions i have regarding bailiffs powers.

My sister in law had two bailiffs turn up at her house while she was out, her 16 year old daughter was at home looking after her younger sisters aged 14 and 7. They had just got up and were in their pyjamas when bailiffs knocked and entered their house when she answered the door they would not leave even when asked by their mother, their aunt and me their uncle in three different telephone different telephone calls to the homes.

When i arrived at the house they had left the building and were waiting outside. I Challenged them on them entering the house when they knew that there were minors only at home and was told they had a warrant and could do it. when i asked if they were aware of the child protectio act one of them said he would report them to social services, i believed this to imply they would have them taken into care.

I also ended up paying £456.57 to them for a disputed parking ticket fine of £95.

 

Are they allowed to enter the house when only minors are at home?

Can they imply that they could call social services and report the children being left, even though this is perfectly legal to leave them?

Is the amount demanded appropriate to the fine imposed (an increase of 480%)?

 

please help as i want to take this all the way!

[bram stoker]

I believe you have no problem with the 16 yr old at home looking after the others. Ignore your worries there completely.

 

I would have gone straight to the police.

 

I am not competent to advise here, but these baillifs sound like they should be arrested - in my opinion.

[Bailiffchaser]

Right you want to firstly log a complaint with the police. secondly log a complaint with the courts that issued the bailiffs with their certificates. thirdly log a written complaint with the company concerned and also with the creditor who sent them. Also send a sar off to the bailiff company. wait for the 40 days and if no joy send a reminder and then also a lba and then immediately issue a n1 for non compliance for the whole amount. see them squirm when this happens. you have paid what you had to now you have all the time in the world to screw their lives up(bailiffs and co)

[spotnot]

Definitely contact the police. This comes under intimidation of minors and is very, very serious. This is the one time when the police will take notice of complaints against bailiffs.

 

And a person of 14 can be left alone and can be in charge of those younger than them

 

Absolutely appalling behaviour

 

Spot

[MARTIN3030]

Should be enough to start with.

They have broken a few rules here.What is the firms name ? Did they leave a breakdown of the charges ?

This is also something they are required to do,and something that should be requested as a right.

It may be that the regulatory authorities will only become involved after you have complained to the Firm itself and got no joy,I would imagine this has to be in your first list of contacts to allow them the chance to redress their actions.Although I agree the Police should be notified ASAP.

Another example of blatantly abusing their positions.

Have a look at the top of the thread for guidelines which they are required to follow.....you may see more things there which will assist you.

Give me the name of the Baliffs and I will get you the name of their association/regulatory body this needs to be put in front of their noses.

[stan5131]

I really would take this all the way. About time someone taught these thugs a lesson. Did they leave you a receipt with a breakdown of what they charged?

[Bailiffchaser]

I would also speak to a legal advisor re your home insurance policy should cover you for this. they will chase them through the courts and so on behalf of the minors.

[gizmo111]

What did they actually say re the children?

It is a long process to have a child taken into care unless it is an emergency.

[bram stoker]

What did they actually say re the children?

It is a long process to have a child taken into care unless it is an emergency.

They were just bully tactics I'm sure. I wouldn't take a blind bit of notice and I would not be bullied.

 

I'd file a police report immediately. When did this happen?

[fireman1963]

firstly thanks for your responses and support,

the name of the company is Drakes Group however the bailiffs said they were from Drakes Enforcement. When i challenged them they refused to give the name of the company or phone as i wanted to verify who they were until i paid up the full amount. I did contact the police when they refused to leave the house, the police said tough they have a warrant, and i have already made a compliant to the police for their behaviour and that is being looked at by a senior officer who contacted us today.

Sorry to be a thickie but what is an S.A.R - (Subject Access Request), lba, n1 and the other stuff you mention ?

i also asked why it was such a large amount for a £95 fine and was told that she should have paid the fine, there was no offer of a breakdown

[rambo]

Drakes again.

And the goverment are thinking of giving bailiffs the power of forced entry!.

It's a disgrace.

[diabolical]

This is disgusting.

 

Apparently, Drakes spoke to someone else's kids using threats (see the bottom of the page):

 

BBC NEWS | Magazine | At debt's door

 

"It pledged to investigate any allegation of impropriety or poor practice and take appropriate action as necessary."

 

May be a thought to report them back to James Wheble at the BBC Whistleblower programme in case they're preparing a follow-up.

[fireman1963]

sound to me that Drakes are well know for this kind of activity, as for beating them up, they were extremely large although i can be hotheaded i am not completely mad. i did try my best at antagonising them into hitting me. The best i manage was to told to shut my mouth, and called a w****r as they left.

[blueskies]

Posts suggesting any threat or use of violence are not welcome and will not be tolerated on this forum. The offending post has been removed from this thread.

 

The Consumer Action Group strives to help it's members to act lawfully in their dealings with the companies we deal with. Our actions should always be lawful and reasonable and by doing this we can rightfully highlight the banks/bailiffs/DCA's poor, unlawful and unethical behaviour.

[MARTIN3030]

Drakes are no strangers to CAG and there are a couple of well documented examples of how they have behaved in the past.

 

Drakes are affiliate members of the C.C.A who are a regulatory body (albeit self regulatory ) of debt collection agencies.

Amongst their codes which is not an exhaustive list are these;

 

a) Not use oppressive or intrusive collection procedures.

b) Not bring unreasonable pressure to bear on the debtor in default of payment.

c) Not act in a manner in public intended to embarrass the debtor.

d) Be circumspect and discreet when attempting to contact the debtor by telephone, SMS, email or by personal visit, with due regard to the Data Protection Act and OFT Guidance.

e) Ensure that all attempted contacts with debtors are made at reasonable times and at reasonable intervals.

f) Unless instructed otherwise, accept all reasonable offers by debtors to pay by instalments, provided acceptable evidence of non-ability to pay is given.

g) Not use improper* means to obtain the telephone number and address of a debtor and treat all information supplied as private and confidential unless specific authorisation has been given by the debtor to disclose information to third parties. (*Improper in this connection would refer to actions in breach of relevant legislation or in breach of the Association’s code.)

h) In respect of 4g above, have specific regard to Section 55 of the Data Protection Act 1998.

i) Not pressurise debtors to sell property or to raise funds by further borrowing.

j) Not falsely imply by written or verbal means that criminal proceedings will be brought, nor that civil action has or will be instituted where members are unable to do so due to legal restrictions (e.g. bankruptcy under £750, statute barred). Nor falsely imply that a judgment or decree/document of debt (Scotland) has been obtained against the debtor.

k) Ensure that collectors who use pseudonyms can be identified within the members organisation.

l) Take all possible steps to verify that the person being pursued, is in fact, the debtor.

m) Have due regard and deal sensitively with individuals where evidence has been given, or is apparent, that the individual is incapacitated by mental or physical disability.

n) When dealing with fee charging debt advisory services, follow the Office of Fair Trading Guidelines on debt management.

o) Offer maximum co-operation with the debtor’s nominated or chosen Third Party.

p) Encourage debtors in financial difficulties to inform members of their difficulties and then respond sympathetically and positively on the evidence provided.

q) Take into consideration before determining whether to enforce repayment, all information supplied in relation to the reason for non payment, which may include The Common Financial Statement, or the debtor’s future ability to repay. If the debtor has disclosed multiple debt problems, inform them of the availability of advisory services. Where available, provide in all relevant correspondence the name or designation of a specially trained member of staff who may be contacted regarding financial difficulties.

r) Where a debt or the sum owed is disputed, as soon as is practicable, supply information to the debtor in support of the claim. Where no information has been supplied by the creditor, obtain the required support, or failing that cease collection action.

5. Confidentiality

 

 

their mission statements on complaints makes interesting reading and from this one should conclude that they take their members actions on this quite seriously;

 

7. Complaints

a) Each member shall have in place adequate processes to deal with debtors or client complaints, this must contain the following minimum procedure:

I. The Management level at which complaints are handled.

II. The time frame in which complaints are handled.

III. The remedy, if the complainant is not satisfied.

IV. Complainants must be advised that one of the remedies is referral of the complaint to the Association where appropriate.

b) Members shall deal with complaints speedily, responsively, in a user friendly fashion and at an appropriate management level.

c) Member’s complaints procedures must be made available to the complainant or his/her advisor on request.

d) If a complaint is made to the Association in relation to dealings with a member of the Association, the Association will deal with the complaint in accordance with the published complaints procedure

 

 

So we have firstly some guidance on collection,some guidance on complaints.You will notice that it is specified quite clearly that the member should direct the complainant to the CCA should they not be satisfied with the response/handling of the complaint

Nothing wrong with that it is clear enough................

 

So there you have it.

The first steps as my earlier posts stated was complaints to the dcas themselves.You must do this.

You should make Drakes aware that if they cannot deal satisfactorily with your complaint,then you will be contacting the CCA of which they are an affiliate.

Ask them for the address for this..........but just in case they wont give you that .....here it is;

 

Postal Address & Registered Office

Credit Services Association

Wingrove House

Ponteland Road

Newcastle upon Tyne

NE5 3DP

Telephone:00 44 (0)191 286 5656Fax:00 44 (0)191 286 0900

Mr.Keith Maynard boss of Cabot is also at the helm of the debt buyers and sellers association

as well as being on the council of the CCA in a recent statement he had this to say;

The growth in the use of web sites

for disgruntled debtors to exchange

information, often not accurate in its

content

 

No such inaccuracies in this post though as the contents are from the CCA itself.

[Guest MizzPiggy]

Your story has shocked me....and it is dissapointing to note that the BBC Whistleblower program did not change their behaviours.

 

We have taken a similar complaint to the top and did have the Bailiff suspended!

 

Firstly please find a link to the complaint form to the courts for a certificated bailiff, that is if he was certificated! If you send me a private message I will have a look for you.

 

The Complaint is serious and any circuit judge will take your complaint with grave concern and will act on it and he will be brought before the courts.

 

The link is http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

if you need any help with this at all, please don't hesitate to call us.

 

As for the amount paid, questionable to say the least.

 

This would then follow the process of having to gain information via the Data Protection Subject 7 Access request to find out what justification there is for the fees. It is worth following this path as you can claim back the fees charged if they have been wrongly placed against your account.

 

It is not a quick process to gain back fees but it is worth following up on!

 

Happy to check on the certification if I have a name, and please fill out the form above as it will be dealt with! Circuit judges are tired of the abuse the industry dishes out too!

 

Alison

[Bailiffchaser]

I agree with watchdog as it will not ba as fast as when they took the money but a start is by sending the sar. Allowing 40 days and then a reminder with a copy of the original sar then a lba. If a reply is recieved to the lba then there is something fishy going.

[MARTIN3030]

Fireman Sam can you please confirm that this is Drakes and their location ?

Thanks

 

 

Please go and have a look at post 19 in this thread.

I would also question as to whether a SAR is needed to obtain a list of charges for the baliffs services and applied in your case.

There is a legal requirement for them to provide this anyway,as there is also a table of fees that are chargeable for different actions.

They should be your first point of call,since you will need to give them a chance as prev stated to supply this before taking action to force them to do so.

[demon_x_slash]

I can understand what dj's saying - if anyone threatened my little sister (hah not so little, she's 17 now!) or my kids (when I have them) I would kill them. And I think of myself as a calm, collected and very reasonable (too reasonable sometimes! ) individual. I really am very against hotheaded action...but the thought of some strange men bursting their way into the house and threatening my little sister makes the red mist rise with a frightening intensity. So don't judge too harshly; Drakes have acted absolutely despicably and although CAG doesn't advocate any lawbreaking of any sort, I'm sure we can all identify with that feeling, at least. fireman, please keep us updated - I want these guys to suffer.

[fireman1963]

Hi all,

We have sent letters to the courts, the County Council and to Drakes making a formal complaint and requiring a full refund of the money. My wife who is senior social worker is also making waves with letters regarding the child protection issues and the lack of action from the police when they were called.

Do we also have to send a SAR to Drakes for a breakdown of their charges, or do they have to supply them as a matter of course?

Your site has also inspired us to claim back bank charges in respect of my sister in law, a single mum of three with a part time job, earning £600pm and just been hit for the third month in a row with charges of over £200!

[MARTIN3030]

A S.A.R - (Subject Access Request) to Drakes gives them 40 days.

If you were requiring additional information to support action then it may have proved worthwhile.

However since you already have enough supporting information that does not rely on Data Protection Act issues then all you need from them in the way of paperwork is the list of charges that should clearly reconcile to the actions they took.

I am sure this will be,or certainly should be available in far less than 40 days.

I have a feeling that it will be addressed more speedily than you may have first thought.

Keep us updated:)

[fireman1963]

Have received a reply today from Drakes saying they are looking into our complaint.