Hand delivered bailiffs letter - threatening wording

CeeBeeDeeBee

Hi I've recieved a hand delivered letter from Marsdons bailiffs.

It is for a CCJ from a supplier. I am gong to send them the "don't visit" letter but I wanted to add something regarding a threat in their letter.

After listing the debt, costs etc it says;

"If not contact is made with my office I shall return shortly with removal contractors."

Now I know that they cannot do that as I have not given them entry and they have no WPO, also I believe saying this is a breach of the rules.

What should I add to my letter and quote them to the law?

Thanks

Tixy

Hi CBDB

Was there a car registered in your name near the property? could it be that that they have levied?

What don't visit letter are you intending to send? I don't think you can do this when its a CCJ and a baliff (happy to be corrected here if I'm wrong).

Did you accept the CCJ when you had the papers? Did you ask the court to pay in installments?

Edit - Sorry just having a dim moment - you mean the one that says that you won't allow them peaceful entry?

CeeBeeDeeBee

Hi Tixy

Yea the letter is one of Never In Doubts - the one about revoking the licence for them to vist etc and only communicate with me in writing etc.

I keep my car well out of the way at the moment lol these are the third set of bailiffs for different CCJ's and the letter seems to work well.

I just wanted to add something re the 'removal contractors' threat as I'm sure that is illegal for them to threaten it.

Thanks

DarkConvict

Unless they have levied the car, or gained access to levy goods in the house they have no need to bring anyone round to help remove goods, plus bailiffs remove goods as a last resort.

Once you are dealing with bailiffs, this goes beyond CCA/CCJ advise and we recommend you look here at herbie21 website - http://www.bailiffadviceonline.co.uk/

CeeBeeDeeBee

Thanks DC

I have used NIDs letters to good effect previously but I was looking for something, OFT guidelines or something to quote about the threat.

Thanks

DarkConvict

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf - Regards debt collection, not sure if it extends to bailiffs.

Debt collection visits
2.11 Those visiting debtors must not act in an unclear or threatening manner.
2.12 Examples of unfair practices are:
a. not making the purpose of any proposed visit clear, for example, merely
stating that collectors or field agents will call is not sufficient
b. visiting a debtor when it is known they are vulnerable, for example, when
a doctor's certificate has been provided stating that the debtor is ill
c. continuing with a visit when it becomes apparent that the debtor is
distressed or otherwise vulnerable, for example, it becomes apparent that
the debtor has mental health problems
d. entering a property uninvited
e. not leaving a property when asked to
f. visiting or threatening to visit debtors without prior agreement when the
debt is deadlocked or disputed1
g. not giving adequate notice of the time and date of a visit2
h visiting debtors,

3 CLARIFICATION NOTE
Debt Collection visits
Paragraphs 2.12f and 2.12 g of the Debt collection guidance
Both these paragraphs relate to debt collection visits.
We have clarified the context for these provisions and defined the terms we use as
follows:
Our aim is to ensure that visits are not used in a threatening way. We have seen
examples of letters and other communications where debt collectors refer to visits in vague
and/or threatening ways and cases where visits are not appropriate.
2.12f: Visiting or threatening to visit debtors without prior agreement when the
debt is deadlocked or disputed.
By 'deadlocked' we mean where a debtor (or debtor’s adviser) agrees there is a debt and
has offered a repayment programme which has not been agreed by the creditor or debt
collector. We are not saying that any offer must be accepted but we have seen cases
where offers are disregarded and a debtor is told that 'we are sending field agents'. Many
debtors are unlikely to understand this term and are likely to view the visit as a threat
designed to make them offer more money when they can pay no more. Some letters appear
to be designed to give this impression.
By 'disputed' we mean genuinely disputed. We are not seeking to protect 'won’t pays' but
those who are being pursued for a debt they do not owe or genuinely believe they do not
owe. Debt collectors who can show that the debt is due and that any dispute has been
looked into and the debt confirmed will not be in breach of this provision.
2.12g: Not giving adequate notice of the time and date of a visit
When a door-to-door debt collector makes an initial home visit to a debtor it may not
always be possible for them to give adequate notice of the time and date of that visit. This
is not necessarily unfair.
The key word is adequate. This was inserted to ensure that what the debtor regarded as
adequate was key.
Office of Fair Trading 11
What is adequate will vary from debtor to debtor. When initial contact is made a debtor
may be happy to speak to the debt collector there and then. If that is the case the visit
would not be unfair. Where a debtor prefers to use that first visit to agree to a future visit
at a more convenient time a debt collector should respect their wishes. A debtor may prefer
to do so at a later date so they can seek advice about their situation or arrange for a third
party to be there. What is important is that a debtor is given enough time to prepare. They
should never be coerced into immediate discussions.