Please Help, Balif coming back in one hour, What are my rights?

[brobins]

Hi all, please ref to this thread where the story is in detail..

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/73216-moorcroft-messing-me-around.html

 

I need to know what to say and what rights I have and what rights (if any) the balif has...

 

Many Thanks

[ladybird17]

Don't answer the door!!! Crisis management time. Hide under bed if you feel the need. Move your car if it is outside.

[mollywobbles]

Hi There,

 

I have read your other thread. Firstly, don't panic.

 

If it was indeed a representative from Moorcroft, they have absolutely no rights whatsoever. The only people who are legally allowed to visit you at your property without your express permission or an appointment (without a court order, as in the case of real bailifs) are the postman and people lost who are looking for directions.

 

There is a template letter you can send to Moorcroft stating this law and informing them that any future breaches will be regarded as trespassed and referred to the appropriate authorities as such.

 

If this chap today comes back and does turn out to be from Moorcroft, ask him to remove himself from your property or you will call the police. Do so if necessary.

 

My personal thoughts are that your caller was not from Moorcroft at all.

 

I imagine it was most likely a door to door sales person trying to flog you windows/weather proof paint/whatever else. It is the prime time of day for them, and they always ask for the "homeowner" as only the homeowner can make decisions relating to windows etc. Additionally, if he was from Moorcroft, he would most likely have asked for you by name.

 

Please do not panic. I doubt very much he will be back. I know how easy it is to become scared of opening your own front door. You have my sympathies.

[lisa2393]

Hi Brobins,

 

first of all try to stay calm, this person is not a balif and can not enter your house unless you invite them in, therefore do not invite them in.

 

I'm just going to hunt around for a written quote you can pass to them when they do call.

 

Are you sure they were from Moorcroft, it is unlikely they are, I know they often threaten to send round people but it very rarely happens and I have had lots and lots of dealings with Moorcroft and never had a visit yet!

 

It may have been someone trying to sell you gas and electric.

 

Has anyone been back yet?

 

Will hunt for the quote for you and be back in a minute.

 

I think I'm right in saying that a balif can not come to your house until the case has been to court, so try and relax a little there is a lot of people on here to help and support you.

x

[pfens]

if you feel you have to speak to him and it is the Bailiff, go to an upstairs window and speak to him through the window. DO NOT let him in. DO NOT sign anything. Easy to say I know but please do not panic. Keep us posted.

[brobins]

I do not fear talking to this guy, nevermind how intimidating he may have been (he looked like a bouncer)

 

I just wanted to know where I stand and what I should say if indeed he is from Moorcroft and tries to take things..

[PriorityOne]

Brobins, I have posted on your other thread.... and just for your own peace of mind, Moorcroft cannot take things. Only a bailiff can take things... once a court order has been obtained.... and Moorcroft are not bailiffs !!

 

So if he is from Moorcroft and if he does come out with any bowlarks to that effect, it's garbage.

 

[brobins]

OK I see, what if he does have a court order? How would I know it was geniune? Wouldnt I have been notified in advance if Moorcroft did indeed obtain a court order?

[lisa2393]

Hi Brobins,

 

write this letter out and give it to the caller if he is with Moorcroft then send one recorded delivery tomorrow to Moorcroft, and yes you would have been notified of a court order.

 

 

Dear Sir/Madam,

 

Re. Account no. xxxxxxx

 

Please be advised that I am only prepared to communicate with you in writing. If it is your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore, please take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Hope this helps, x

[mollywobbles]

These things take time, and yes, I believe you would have received a court summons or suchlike? However, I am relatively new to this, so perhaps someone can confirm.

 

If this clown returns, which seems unlikely, open your door on a chain if you have one. Otherwise, perhaps heed the advice of speaking from a window, though I understand you may not want to shout about this from the rafters to your whole street.

 

Remember, it is most highly unlikely that he is in possession of a court order if he does indeed turn out to be from Moorcroft. This is especially true given that you have recently paid off the bulk of your comparitively small debt. I cannot imagine it would be worth their while to pursue you through the courts for £85.

[mollywobbles]

Perhaps send the letter Lisa has posted, which is the template I referred to, to Moorcroft tomorrow for your piece of mind.

[PriorityOne]

OK I see, what if he does have a court order? How would I know it was geniune? Wouldnt I have been notified in advance if Moorcroft did indeed obtain a court order?

 

Brobins... for your own peace of mind, talk to him through a closed door. Tell him that it's not convenient to talk at the moment.... then ask him what he wants. Or.... when he asks for the homeowner... say "Who's asking?"...

 

If he is from Moorcroft, tell him to leave or you will call the police and have him removed. You will then report Moorcroft for Harrassment and for Trespass. They did not have an appt. with you... and you have not requested one.

 

[brobins]

Thank you all, I feel better now. I will post an update after this guy comes back, if he does at all..

[PriorityOne]

Brobins, if it's any comfort, I have people round my house all the time asking for the homeowner... and they are always trying to flog stuff to me. It's usually windows, but sometimes, tarmac for my drive, roof repairs, change of gas supplier... you name it.

 

I hope you are feeling calmer.... but please tell us what happens if/when he returns.

 

[ICO]

Hi all, please ref to this thread where the story is in detail..

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/73216-moorcroft-messing-me-around.html

 

I need to know what to say and what rights I have and what rights (if any) the balif has...

 

Many Thanks

 

Hi there, don't worry about them, google direct.gov if you can as there is some great advice about them on there and leaflets to downloads about the difference between a bailiff and debt collector. Don't be fooled into thinking the later is the same as a bailiff, they can not come into your house unless you let them.

 

I have attached some info for you:

 

What bailiffs can and can't do

 

If County Court bailiffs come to your home, you don't have to let them in.

They can't force their way in on their first visit, but they can enter through an open window, or an unlocked door. Forced entry includes pushing past you once you have opened the door to them or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.

Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant.

Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry

 

PM me if you want the full details or the oft guidlines on it.

[KJD]

Did he come back then???

[brobins]

Hi everyone, sorry I didnt post back last night, I went to see 300 at the Cinema

 

Yes the guy did come back and no he wasnt from Moorcroft nor was he a baliff hehe, He was from the TV licensing.. As we do not recieve TV broadcast, we do not have a license, The TV is only connected to, DVD Player, Playstation 3 and the PC. After explaining this the guy just left..

 

All that worrying for nothing

 

Thank you to everybody for the comments though, if I ever do get a visit from a baliff I now feel more confident about how to handle the situation..

 

Thanks

[KJD]

You donut! There's us all sat here on tenterhooks waiting for some news and you were enjoying popcorn at the pictures!!!

 

At least it turned out okay tho

[ladybird17]

:eek:

[KJD]

:eek:

 

That was meant 'tongue in cheek' btw- difficult to tell in posts isn't it?

[ladybird17]

I'm claiming the 7th amendment!

[ozzywizard]

Ha too funny KJD.