Dealing with Bailiffs Harassment

marc58

Hi all, was just wondering if it's feasible to combine these templates? I'm getting constant phone calls and emails from Scotcall threatening a visit but also want to know exactly what the debt is for. Ideally I want a letter to stop them calling me and keep them away from the property but also to find out further details on the debt. Is it best to combine this into one long letter or send the three templates separately?

I'm hoping this makes sense! Marc

fermi

No reason why not Marc.

If it was me I would do it in one letter/email, but make sure each section stands out and makes it's own point.

gregwaz

Hi,

Ive just found your forum, hopefully someone can help me.

I received a Notice of Distress warrant from Collectica Enforcement Services last week. Having no idea what it was regarding i looked into it and its relating to a speeding offence from last year. The related services have been sending correspondence to my old/rented apartment. The tenants haven't been forwarding on mail and the next thing i know i get a notice of distress warrant sent to my partners home address for £950.84p.

I contacted them today (not sure if this was the right thing to do??) and told them that i simply couldn't afford to pay the balance in full today.

The conversation went along the lines of :

Agent : So what can you afford to pay today?
me : All i can afford right now is £200
Agent : And when are you going to make the next payment?
Me : It will be around the same time next month as it is when i get payed
Agent: Ok, and how much will you be paying at that time?
Me: all i can afford each month is £100, i cant loan any money and i'm living on £100 a week
Agent: I'm sorry but that is not enough to setup an installment arrangement. You will need to pay £200 a month.
Me: I simply cannot afford to pay £200 a month, its just not possible.
Agent: In which case we can not set up to pay by installments and a bailiff will attend your property.
Me: So is there no way you could accept installments of £100 a month
Agent: We could accept it but it would not be enough to cover your minimum payment.

Could someone please advise me on what my next steps should be. I'm willing to sort this debt out but i do not want the bailiffs attending my partners property and simply can not pay what they are demanding.

So just to recap ive payed them £200 today and can pay £100 a month from now on but apparently this isnt good enough??

any help would be much appreciated.

All the best
:(:(

hallowitch

I received a Notice of Distress warrant from Collectica Enforcement Services last week. Having no idea what it was regarding i looked into it and its relating to a speeding offence from last year. The related services have been sending correspondence to my old/rented apartment. The tenants haven't been forwarding on mail and the next thing i know i get a notice of distress warrant sent to my partners home address for £950.84p.

If all correspondence went to your previous address and you had no knowledge of the fine until the letter from Collectica(was Philip's)
you should file a statutory declaration at the issuing court

the reason they want £200 a month is because the warrant only lasts 180 days 6 months

have a read of this
http://www.consumeractiongroup.co.uk/forum/showthread.php?165753-MAGISTRATE-COURT-FINES.-Template-of-a-Statutory-Declaration.(3-Viewing)-nbsp

RobertoMoir

johnsmith56255 wrote: »

Put a 'Removal of Implied Right of Access Notice' on the front garden wall or on your window, you will find a template if you google it.

Contrary to popular belief in some quarters, this is not some kind of magical mighty morphing power ranger of a notice that smites bailiffs down by magic. Sorry.

The bailiff is entitled to proceed to attempt to enforce the liability order or court order they've been issued with, all the above notice would do is reinforce your rights if they were harassing you after finding that, for example, the person named in the order they were executing didn't live at your address. Now that's a valuable and useful weapon in its own right as bailiffs can be dumb at times too, but that's all it is.

People who wish to read into this further may find this thread on the consumer action group forum interesting.

Clive_Woody

johnsmith56255 wrote: »

This has worked for me for the past 18 months or so. Before I had the notice up bailiffs were harassing me and my family.

Now they read the Notice and most of the time don't even knock on my door, they just walk away and rarely return again.

So from my first hand experience I would have to say that it has been an effective tool for me. The difference with and without this Notice is night and day, I will not be taking it down anytime soon.

Also I have my name and signature on the Notice so they know its my house, but that doesn't change anything. Bailiffs use fear and intimidation to scare people into paying when they cannot afford to do so.

I have read the tread you posted above which is very interesting. My opinion for whats its worth; the treat of prosecution seems to deter bailiffs.

The claimant in this case seemed to be poorly prepared as he could not demonstrate that there had been a loss as a result of damages caused by the bailiffs alleged trespass.

Not sure if you are getting doorstep collectors mixed up with bailiffs.

Bailiffs come to enforce a court order and have legal backing to try and collect an unpaid debt.

Doorstep collectors are a bunch of chancers hoping by knocking on your door you will mistake them for court appointed bailiffs and pay them what is owed.

RobertoMoir

johnsmith56255 wrote: »

Bailiffs, Court Enforcement Officers, Debt Collectors it works all the same. I have some outstanding court orders.

I am not trying to say that this is some magical piece of paper I just think that it offers some protection when you are not in a position to pay. Yes its from the internet but I have used template letters on other debts and on many occasions they have closed my account and reduced the amount due to £0.00 I have been surprised myself.

Banks, courts, solicitors use templates letters, notices etc doesn't take away the from the meaning of them.

The point is that the solicitors understand the fundamentals behind those templates they use. Likewise, there's nothing wrong with us using templates that someone else has produced but you should understand the principles behind a document before trying to use it, or suggesting that anyone else does.

For example, the withdrawal of implied consent offers no legal protection
[*] against real bailiffs executing a real court order of some kind, but would be very useful if one were being harassed by debt collectors knocking on your door.

[* though some bailiffs may decide that its not simply not worth arguing with someone who posts a notice like that.]

Atidi

johnsmith56255 wrote: »

Put a 'Removal of Implied Right of Access Notice' on the front garden wall or on your window, you will find a template if you google it.

Also buy a cctv camera and fit it on the front of your property, in a visible location so the bailiffs can see it. These two things will stop all bailiffs in their tracks. They will not break the law if they can see CCTV.

NEVER OPEN YOUR DOOR even if the bailiffs are with the police. NEVER SIGN ANYTHING, NEVER OFFER TO PAY ANYTHING even £1 per month because this will crate a contract between you and the bailiffs. DO NOT TALK TO THEM ON THE PHONE.

Just avoid all contact with them, and they will get bored and move on. Deal with them in writing only.

Case Law

The case of Nash v Lucas [1867] 2 QB 590 ruled a bailiff may not encourage a third party to allow access to a property (i.e. Workmen inside a house or a police officer), access by this means renders everything that follows invalid.

If a police officer is in attendance and assists the bailiff to gain entry or persuades the debtor to open the door then any levy the bailiff makes is void and the debtor can sue for damages. Skidmore v Booth [1834] 6 C&P 777

A debtor can remove right of implied access by displaying a notice at the entrance. This was endorsed by Lord Justice Donaldson in the case of Lambert v Roberts [1981] 72 Cr App R 223 - and placing such a notice is akin to a closed door but it also prevents a bailiff entering the garden or driveway, Knox v Anderton [1983] Crim LR 115 or R. v Leroy Roberts [2003] EWCA Crim 2753

If you follow all of the above you will see how powerless bailiffs really are.

Have fun!

:rotfl:

Bit late, don't you think? This thread is ancient!

If the bailiffs were coming, they'd have already been, taken the goods and sold them at auction by now

:cool:


Now back to the barrack room, please