Dealing with Bailiffs Harassment

never-in-doubt

Dealing with Bailiffs Harassment

There has been a lot of people asking 'what can I do if a Bailiff or DCA threatens me', well put simply let them threaten - they have no right to enforce anything.

Below you'll find several letters that you can send the Bailiff / DCA's which should stop them in their tracks. Remember, Bailiffs / DCA's are highly regulated and cannot bully or intimidate you contrary to what they may tell you. If you have no money then do not pay anything, if they threaten you with a visit tell them they will be trespassing and you'll call the police. Whatever you do, do not give in to their threats. For full details, have a read of RobertoMoir post here: Bailiffs & Their Powers

The following letter templates will assist you getting rid of any DCA threats.

1 - Harassment by Telephone

1.1 - Harassment by Telephone - Follow Up

2 - Unknown Debt

3 - Doorstep Visit

4 - Legal Threat - Harassment by Telephone

Just bear in mind that a DCA has no special powers and must be treated like any random person. The exception to this would be an enforcement officer who does have different rules. These are explained later in the thread.

What is the difference between a Debt Collector and a Bailiff?

Debt Collectors
are employed by creditors in order to reach an agreement about paying back a debt so it doesn’t go to court. Once the debt has been sold to the collectors they will be responsible for getting the money back.

Bailiffs
A Bailiff can only get involved when you have been taken to court about your debts and you could not come to an agreement with your creditors or you have failed to keep to the terms of a court order. Although, Her Majesty’s Revenue & Customs (HMRC) do not need a court order to send bailiffs about income tax or VAT debts.

Bailiffs can either be employed by the court or from a private firm. If they are from the court because you owe money for court fines, then they will have the power to force their way into your home to take away your possessions to repay the debt, these are usually HMRC Bailiffs but can only force entry as long as they have a warrant from the magistrate.

County Court bailiffs cannot take anything from behind a locked door, unless you let them in. However once they have been allowed in, they will be able to force entry on further visits so the secret is to refuse entry at all costs.

Click here for the OFT Debt Collection Guidance

never-in-doubt

Harassment by Telephone

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully




Sign digitally

Template Updated: 27 February 2010

never-in-doubt

You know nothing of the Debt / Prove-It Letter

Dear Sirs,

Account No: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to (insert company name). I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Yours faithfully




Sign digitally

Template Updated: 27 February 2010

never-in-doubt

Threat of Doorstep Visit

Dear Sirs,

Account No: XXXXXXXX

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, 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 such an appointment with you.

There is 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 & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully




Sign digitally

Template Updated: 27 February 2010

never-in-doubt

Below you'll find an array of links, all useful to the above letter templates and relevant to Bailiffs, Debt Collection Agencies and their associated powers.

1 - Bailiffs Guide Know your Rights

2 - Bailiffs and DCA's

3 - Protection from Harassment Act 1997 (c.40)

4 - OFCOM How to Complain

5 - Communications Act 2003 (c.21)

6 - Debt Collection Guidance (Unfair Business Practices)

never-in-doubt

General Facts & Myths

A bailiff is someone authorised to collect a debt on behalf of a creditor. A creditor is someone you owe money to. There are different types of bailiffs - i.e. county court bailiffs, certificated bailiffs and private bailiffs who can be used to collect different types of debts. These include county court judgments, unpaid council tax, magistrates court fines, unpaid maintenance to the Child Support Agency and outstanding rent.

Different bailiffs have differing powers to collect debts. However, there are certain rules that apply to all bailiffs. Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (HMRC / Inland Revenue) can get a warrant to force entry, but this is very rare.

All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down.

You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.

Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.


Bailiffs NOT acting on behalf of the magistrate's court cannot seize the following goods:

• tools, goods, vehicles and other items of equipment necessary for use by you in your employment, business or vocation;
• clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family

Bailiffs acting on behalf of the magistrates' court cannot seize the following goods:

• clothing, beds and bedding tools of the trade
• basic domestic needs of the family would normally include fridge, cookers, freezers, but may not include video recorders, second TV's, jewellery, washing machines, stereos or microwave cookers.

For full details of your rights, read the following link: http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php

RobertoMoir

This is great stuff. It may be worth making the difference between a Debt Collector and a Bailiff very clear. I still see people mix the two up and it's important that people are clear what type of person is on their doorstep as they definitely (as you say) have very different powers and may well have very different aims.

never-in-doubt

Harassment by Telephone - Follow Up

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls.

I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records. The processing and use of these numbers is causing significant distress.

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations.

This request supersedes any contractual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

You will be deemed to have been served notice of my request and I will deem it served by *Enter date 23 days from date of letter*. I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.

Yours faithfully




Sign digitally

just_about

Great stuff NID .. You doin a great job for every one in this forum !! Keep it goin mate :T:T:j:j:beer::beer::T:T

RobertoMoir

never-in-doubt wrote: »

Still working on them mate - you're too fast! See post 1 - does that help?

Cracking!

On the locked door thing, once a bailiff has gained entry to a house or office, say, locked internal doors are no barrier to them, they can demand they're opened and force them if needs be (maybe most wouldn't because of the hassle but they'd be entitled to).

Sorry if I sound like i'm being awkward, just trying to help

I_know_my_ABC_and_my_CMYK

As usual NID brilliant, the more knowledge the better armed and the less fear.