Bailiffs police and not my debt

john_kent

The car is still clamped and likely to stay so until tomorrow when I can get hold of the guy who does all the leases at work.

Police are taking this very seriously.

Landlord has gone to B and Q and bought a lock. She is owed 3 mths rent from previous tennant.

All letters I get are sent back so not sure how this has occurred. I will talk to court tomorrow and see where I go.

I am using public transport today and will be recovering costs.

I work in an industry where we use debt recovery and if any of our guys were like this , they would be out of the business pretty damn quick.

UnderPressure

john_kent wrote: »

The car is still clamped and likely to stay so until tomorrow when I can get hold of the guy who does all the leases at work.

Police are taking this very seriously.

Landlord has gone to B and Q and bought a lock. She is owed 3 mths rent from previous tennant.

All letters I get are sent back so not sure how this has occurred. I will talk to court tomorrow and see where I go.

I am using public transport today and will be recovering costs.

I work in an industry where we use debt recovery and if any of our guys were like this , they would be out of the business pretty damn quick.

What a shame about the clamp how ridiculous, you are doing right keeping track of your expenses, glad to hear the police are tkaing it seriously so they dam well should, they can sometimes be of mor hassle than use when it comes to bailiff's you seem to have found some with again a brain cell lol

Do make sure you take this as far as you can nothing will ever change with these scumbags unless people complain to the correct authorities and not let it all be brushed away.

SOrry you have had to go through this, what a nightmare for you, on a Sunday as well there is not a lot of bailiff companies that carry out "business" on a Sunday you seem to have been really unlucky

Best of luck let us know how you get on tomorrow

DarkConvict

Bailiffs can assume a car parked on the driveway, or outside on the road nearby belongs to the debtor. So they can levy on it.

Now obviously it can be the wrong car, in which case the bailiffs should have left a letter at the intended address. If its the wrong car they should get in touch. It was brought up on the forums recently what happens if its the wrong address and/or the people are on holiday. Bailiffs should take adequate checks, because taking a car that does not belong to the debtor is theft, and the police do take it seriously.

If a car is on hire purchase, they cannot levy on it as it does not belong to the debtor. So taking the car in that case would also be theft.

Bailiffs can only levy goods which belong to the debtor the bailiff has a court issued warrant for.

How clamping works, I am less sure, as they have not taken the vehicle but are still preventing it from been moved. So it is not theft, but stopping the use maybe in some aspect be considered vandalism.

I am glad the police are taking it seriously and they should, bailiffs have great power invested in them or at least whatever is on the warrant. But the bailiff must still excise that power with caution because incorrect actions can be criminal offences. And the same goes for debtors, they must know their rights such as prevent access to a bailiff is fine, but trying to throw a bailiffs out your house once they are in are likely to land you with assault charges, as one bailiff has told us before.

john_kent

What a day?

The car has now been declamped after fax`s from my company to hirer to bailiffs . Lost a days money.

I now need to talk to the court as this debt is not mine. I have received another wedge of letters today for the previous tennant and I know they are all summonses.

Now do I return them recorded or just pop them back in the letter box

DarkConvict

I would ask for repayment of costs incurred, if they refuse simply take out a small claims court (CCJ) against the bailiff company, and potentially even the court for their mistakes.

terryw

DarkConvict wrote: »

I would ask for repayment of costs incurred, if they refuse simply take out a small claims court (CCJ) against the bailiff company, and potentially even the court for their mistakes.

Agreed but I doubt that county court bailiffs were involved here. The best redress if to contact the police again as the criminal law is being transgressed here. Magistrates can make an order for compensation which is likely to be easier and quicker and more certain than the county court route.

DarkConvict

I had not thought of that in the slightest and probably did not know that was the way to go, but it sounds like a good idea as you state it has gone into criminal law.

UnderPressure

I agree completely dont let these fools get away with this, they have disrupted your whole life for 2 days they need and should pay 1 way or another and as the police office said they already have a reputation as a less than "bona fide" company you pursue them go for it you have nothing to lose............

Well done by the way I bet your pleased it is all over and done with

Dont know how everyone else feels about this but so far as the other letters I would be tempted to open them and communicate with the companies so they know the person they are looking for no longer lives there, after all you dont want to end up in this situation again? Would not be a bad idea to keep a file and copies of all your communications for future proof and reference, sounds like a nightmare but so is having your car clamped on a Sunday by less than sensible bailiff's.

Best of luck with it all I do hope your landlord has been doing all they can throughout this saga......