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Advice against harassment off bailiffs

I am looking for advice to offer a friend. She has a son who has been sentenced to a couple of years in prison. The issue is that he was still living at home with his mom and has left a significant amount of debt behind him. Despite her contacting each company to inform them of the status quo they have all passed the debts onto debt collectors. On a daily basis now she is having visits from bailiffs who refuse to accept that they cannot have their money. They are sitting outside her house all day so she is frightened to leave; they are there when she comes home from work so she is frightened to get out of her car. She has done all that she can do to explain to them that her son is in prison but they continue to harass her. She can’t afford to pay his debts and she is getting increasingly frightened and upset as she lives alone. Is there anything she can do to stop this harassment, do the police have any powers to order them to stop? Is there anything that she can legally do?

We all understand that the bailiffs are just doing their job and it was her son who created the mess, but she is a very respectable lady and has provided a good home for her children. He just got in with the wrong crowd and got himself into financial difficulties, she had no idea of the extent on either account. I would very much like to offer her advice which could help her sleep easier at night as she is currently going through a very traumatic time.

Thanks in advance
If you wish in this world to advance, your merits you're bound to enhance; You must stir it and stump it, and blow your own trumpet, or trust me, you haven't a chance.
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Comments

  • PZH
    PZH Posts: 1,599 Forumite
    Part of the Furniture Combo Breaker
    edited 22 April 2011 at 7:04PM
    Were the debts soley in his name ? or did she co-sign for anything?


    There is a fact sheet here
    “That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 22 April 2011 at 7:31PM
    Legally i'm unsure of her rights & permissions.

    But I would advise her to write down everytime she seems them around here house, when they knock, who knocked, who they are working for ect ect. Once she has a record of all this, go to the police and see if they can do anything for harassment or intimidating/threatening behaviour.
    After that, everytime they contact her she should call the police.

    Debt collection officers are regulated, I will see if I can find more info about this, but somebody will beat me to it.


    EDIT: see this office of fair trading document

    Point 2.5 onwards will help. "Physical/psychological harassment!"

    I would also recommend writing them a letter via recorded post informing them of the problem and advising them you are recordign every visit and will report them to the police and to trading standards for their agressive commercial practices. Direct.gov has useful info.
  • Harassment is illegal. Get their details. Pass them to a solicitor and stop them coming.
  • Deep_Ocean
    Deep_Ocean Posts: 553 Forumite
    Thank you all for your advice and info. I will look into the details that you have provided, thanks for your help. As for the question from phoodless, yes the debts are solely in his name. Thanks again.
    If you wish in this world to advance, your merits you're bound to enhance; You must stir it and stump it, and blow your own trumpet, or trust me, you haven't a chance.
  • Deep_Ocean
    Deep_Ocean Posts: 553 Forumite
    phoodless wrote: »
    Were the debts soley in his name ? or did she co-sign for anything?


    There is a fact sheet here

    This is a very useful find, thank you. Bankruptcy is probably a good option as advised in this link. Cheers.
    If you wish in this world to advance, your merits you're bound to enhance; You must stir it and stump it, and blow your own trumpet, or trust me, you haven't a chance.
  • PZH
    PZH Posts: 1,599 Forumite
    Part of the Furniture Combo Breaker
    Deep_Ocean wrote: »
    Bankruptcy is probably a good option as advised in this link. Cheers.

    If that is the case, then there is also a dedicated Bancruptcy board on this forum. Maybe worth having a read on there or asking for further advice.

    Also, I think I am correct in saying that there is a difference between debt collectors and court appointed bailiffs. Debt collectors have no right of access ?
    “That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”
  • Culex
    Culex Posts: 776 Forumite
    phoodless wrote: »
    I think I am correct in saying that there is a difference between debt collectors and court appointed bailiffs. Debt collectors have no right of access ?
    Nor do bailiffs, unless you have previously admitted them or you have left a door or window unlocked.

    Whatever those creatures may have been, they are unlikely to have been bailiffs.
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    They sound like 'debt collectors', who are just 'some bloke'.
  • stuart30
    stuart30 Posts: 499 Forumite
    Get a cheap camcorder or mobile and open the door and film them..chances are they will squirm and clear off.

    Works every time.
  • cgk1
    cgk1 Posts: 1,300 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    No chance those are bailiffs - they will simply be debt collectors. The next time she sees them, phone the police and tell them there are two strange men parked outside and she thinks they are watching children in the area. Unless she's co-signed anything, the debts are simply not her problem.
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