CDS ltd sending bailiff for disputed debt

Culex

Geoff_Potts wrote: »

as an update in todays post, my case has been passed to Leighton croft and Partners (a trading style of Clear Debt Solutions) who after seeing the evidence have reached the conclusion that I have received money from their client by fraudlent means. Because of this grave deception we are now........(wait for it?? see what legal course they are going to take??.......)........... ....preparing a detailed report to be sent to BBC's Rogue Traders.

The only way of stopping this now is to pay the full amount immediately.


I don't know wether to laugh or cry at this latest one! This is taking time now and money I can ill afford - is there no way I can attack them back??

Yes.

Report them to Rogue Traders, if only for having sent that letter 6 days too soon. :rotfl:

barbiedoll

OP, I know it's easy for us (and your solicitor) to laugh from behind our computer screens but I'm sure that dealing with this man must be quite intimidating and I'm not surprised that your wife is scared.

As you are having to pay for your solicitor's time, could you not ask him about claiming costs from this company? If you can prove that the debt is not yours and that you don't owe them money (as DvardysShadow said, get everything in writing), you should maybe threaten them with court action to recover your costs and to claim compensation for distress caused to you and your family.

You should maybe think also, about filing a report to the police. This is verbal harassment and possibly threatening behaviour, not to mention impersonating a bailiff. :eek:

Culex

barbiedoll wrote: »

OP, I know it's easy for us (and your solicitor) to laugh from behind our computer screens but I'm sure that dealing with this man must be quite intimidating and I'm not surprised that your wife is scared.

I am sure that, were I ever to meet that oaf, I would either be terrified or delighted to have made contact with an old acquaintance - his manner reminds me somewhat of someone I once knew.

As you are having to pay for your solicitor's time, could you not ask him about claiming costs from this company? If you can prove that the debt is not yours and that you don't owe them money (as DvardysShadow said, get everything in writing), you should maybe threaten them with court action to recover your costs and to claim compensation for distress caused to you and your family.

I am not a lawyer, but perhaps an injunction restraining the antics of CDS and their performing ape might be appropriate? Perhaps one could seek damages at the same time?

One does not need to prove that one had not incurred the debt; the alleged creditor would need to prove that one had incurred the debt if that creditor were to win his/her/their case.

You should maybe think also, about filing a report to the police. This is verbal harassment and possibly threatening behaviour,

No, it was certainly threatening behaviour; the threats made were:

• to enter the house by force and without proper authority
• to remove goods and chattels from the house without legal authority
• (implied) to assault and/or physically harm or restrain anyone who objects to the above

Apart from offences contrary to the Common Law, the above threats seem to include offences contrary to the Theft Act 1968, the Offences Against the Person Act 1861 and/or the Public Order Act 1986, not to mention the Protection from Harassment Act 1997.

Of course, it may be quite another matter to get the local plods to apprehend the oaf.

Geoff_Potts

So as you predicted, the so called bailiff didn't turn up yesterday, but because of his attitude and comments on the phone I decided to take the day off work anyway as I didn't trust him with an empty house.

So a wasted day off work, my wife spent the day at hr parents as she understandably didn't want to be in the house if he came around. So thats now lost wages, solicitors fees etc for these clowns. I was actually beginning to take them serious until the BBC Rogue Traders letter which made me realise they don't have a clue what they are doing. As the shadow suggested I spoke to the SRA who asked for a copy of the 'solicitors' letter, they are not impressed by the non professionalism of this company. Add to that Trading Standards and the OFT hopefully somethign will happen.

I sent a copy to BBC Rogue Traders who actually rang back to ask if it was real, they also are not impressed their programme is being used as a threat like this. So maybe I will be on Rogue Traders in the future, but not in the way that Messers Leighton Croft and Partners or Clear Debt Solutions Limited think?

I didn't go as far as police report, but think now I should and follow up with claim for legal costs and loss of earnings. I'm actually starting to feel sorry for the company that sent me the invoice for goods I never received, surely they cannot be aware what their rogue collections company is up to, it makes them look a laughing stock also. On checking Clear Debt Solutions web site I see that tey charge for taking on debts so my ex-supplier is actually paying for this farce?

Thanks again to all and I'll keep you updated if anythign else should happen.

ILW

Is this one of them dodgy advertising scams?

benbradshaw1

Hi Geoff,

I've had problems with CDS bailiffs before. When i asked them if bailiff was kosher they said they employ several self-employed agents across the country to "execute private warrents once judgement has been got."

Most recently I've been served with a statutry demand which I'm hoping they won't follow with a bankruptcy petition - a separate issue but you get my drift. The chap who turned up from CDS bailiffs was a Leo Johns, but he didn't seem interested in taking goods. Despite a craftily got judgement i might add. His reference was his number with CDS bailiffs as I had also checked out stuff with the courts.

Id recommend keeping your chin up and remember; Illegittimi Non Carborundum :-)

Ben

benbradshaw1

Any progress with this Geoff?