Could they have actually done this?

[debbief135]

Was at my sisters house yesterday, (my sister had popped out), when the doorbell rang, I answered it and was told the guy standing at the door was a bailiff. Told him I wasnt my sister (who he had asked for), yet he still proceeded to tell me he was there on behalf of Richmond Borough Council, who had taken my sister to court because her daughter had too many absences at school (a problem which my sister eventually managed to sort out). Anyway the court issued a £100 fine, which she couldnt pay at the time and eventually (stupidly) forgot about. Then in march she received a letter from Bailiffs saying to pay £250 (again couldnt pay) or they would come around. that was the last she heard of it until they turned up 3 months later, yesterday. To cut a long story short, he wasnt going to leave, told him to come back when she was there, the fine by the way is now £350, so she could arrange payment. However, this was not good enough and saw her car sitting in the drive and he said he was gonna take that right there and then and would get the police down to witness it. I at this stage panicked, as she needs the car for work and Ironically to get the kids to school (which is what she was fined for anyway, there is irony there somewhere) and paid her bill with my own credit card, which they then had a nerve to charge me a 3% fee on, at that he left. I couldnt get hold of my sister at the time to ask questions. Now, I know she was stupid to ignore the letter from the bailiffs but she did, think she hoped they would go away. Anyway, could they have taken the car? and can they add £250 to a £100 debt, and finally is there anything she can do to get a refund on those terrible charges.

 

Many thanks for any help, these people are ruthless.

[debbief135]

Also, although I explained I was not the person he was looking for, was he allowed to give me all that information, surely that is private?

 

The bailiffs by the way was Drakes.

[The Watcher]

I believe they would be in breach of confidentiality codes by telling you (after you had told them that you were NOT the debtor) the details of the story.

 

If they, for example, leave a letter, they should put it in a sealed envelope addressed to the debtor.

 

Best get some professional advice - CAB perhaps?

[debbief135]

Ok many thanks for that

[powelll]

You can also put a written complaint into the bailiffs themselves - keep a copy & send recorded delivery. If they are a member of one of the trade associations ( they have to tell you which one if they are ) then you can complain via them as well. Don't know how much joy you would get though to be honest - local CAB a good call as they may be dealing with many complaints in relation to the same firm of bailiffs...

[alexteh]

If you paid by credit card I'd suggest you might have an arguement to say that you paid it under duress and you may be able to do a chargeback to the credit card company. I'm not sure what the impact will be on your sister but as they never took the payment from her then I suspect they couldn't blame her for it.

 

No idea what the legality around doing that is though...

[dx100uk]

i would be inclined to do a bit of reading here.

or maybe use the search at the top on drakes.

 

i believe that there are std fixed charges for a bailiffs visit [they are listed in other msgs i've read] and i dont think £250 is correct.

 

http://www.consumeractiongroup.co.uk/forum/bailiffs/97164-bailiff-fees-just-checking.html?highlight=bailiffs+fees

 

i would ceratainly look at charge back too.

 

as for you not being your sister i would thought that was obvious:D

 

drakes certainly ring a few bells as to being rather suspect it their practice.

 

dx100uk

[debbief135]

good advice all, many thanks x

[ledgejigsaw]

well i think that you definately have a case for complaint against the balliffs due to the fact as previously stated that they disclosed personal information to someone with nothing to do with the account where the debt was incurred.

 

As for taking the car, i think that they can do this put as he said he would need the police to be present otherwise you can report a theft. Although may need to double check that.

[morteee]

breach of the DPA isnt it?

 

if ANYONE discussed MY financial details with a 3rd party without my express permission I would be sending off letters of complaint etc left right and centre!

 

and before anyone nit picks, it IS DPA cos the baliff will have got the info from an electronic source

[ledgejigsaw]

yes it's a breach of DPA

 

Electronic or paper copy, its really classed as any account/person specific information given with consent to company etc

 

which has then been disclosed to someone not entitled to have the information ie; no consent from person it relates to