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bailiffs and police

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  • RAS
    RAS Posts: 36,524 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thank you everyone for all your advice.
    I've had an awful day! I've spoken to solicitors, courts, cab, more courts, bailiffs ( yuk), helplines ~ basically if I could think of someone I rang them!
    They pretty much told me the same things "don't let him in" ~ "try and make a payment plan", the court did say that the bailiff had already imposed their maximum fees so the account can't go up anymore.
    The bailiff was a real nasty piece of work ( I've dealt with a few of them in the past, but this one was something else entirely). He wouldn't accept any kind of payment plan ~ it was pay all by 5pm or I'm coming back with locksmith, police and arrest warrant.
    I finally spoke to a really kind man at the court who has frozen the account for 28 days, I need to provide him with proof of my sons illness and my disability and they will review the account. I will deal with that tomorrow. I will also spend some time figuring out how to use this site, as it was rude of me to jump in on someone else's thread.
    Fingers crossed for next weeks repossession hearing.
    Thanks again for all your help
    Xxx

    Please stop doing this.

    This debt is your exs and has nothing to do with you and it is not your responisility to sort it out.

    Unfortunately if you run round the bailiffs will let you even though you have nothing to do with it.
    If you've have not made a mistake, you've made nothing
  • RAS wrote: »
    Please stop doing this.

    This debt is your exs and has nothing to do with you and it is not your responisility to sort it out.

    Unfortunately if you run round the bailiffs will let you even though you have nothing to do with it.

    Thanks RAS ~ I think I was a born worrier! I've re locked the windows and doors about a thousand times today! My ex isn't a bad man ~ this was something that got completely overlooked. Our poor boy had heart surgery and I could think of nothing else.
    Life will be good again one day ( fingers crossed)!
  • stevemLS
    stevemLS Posts: 1,067 Forumite
    hi the bailiff can not enforce the debt at your property as your ex does not live there therefore the debt does not belong to you so the bailiff can not take any of your goods and do not pay them .a bailiff can only by law take goods belonging to the named debtor.


    found this letter on a bailiff help forum may be worth filling it in and handing it to him if he returns


    Customer Care Department
    [NAME OF COMPANY]
    [ADDRESS1]
    [ADDRESS2]
    [ADDRESS3]
    [POSTCODE]

    [DATE]

    BY POST AND BY HAND


    Dear Sir/Madam,

    Re: Notice under Rule 2 of the CPR Schedule 1, RSC Order 17

    I [NAME] residing at [ADDRESS AND POSTCODE] hereby give notice understanding that you or your firm is commanded to collect a debt from my address and I confirm the person you named as your subject debtor is not living at my address and I am the occupier of this address and [the all the goods/the vehicle] therein belong to me.

    A copy of this Notice is being passed to police who will issue an incident number to be recorded on CAD and anyone who is seen acting suspiciously near my property or seen to harass or pester anyone at or near the above address will automatically be reported on 999.

    [This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.]

    [This document is handed to you and a photograph of you standing outside reading it has just been taken and will be used as proof of delivery and I respectfully ask that you quietly leave the property.]


    Yours very truly,

    [YOUR NAME] (do not sign)


    if you are still worried give Stepchange a call on 0800 138 1111 they will be able to give you free advice on dealing with this and if the bailiff comes back make sure you don't let him in just hand him this letter and close the door if he still doesn't leave call the police and ask them to remove him

    This letter is out of date, it refers to the CPR (Civil Procedure Rules) and RSC (Rules of the Supreme Court) which were amalgamated years ago. Rule 2 of the present CPR is of no relevance. Unfortunately I don't know what they are driving at so I don't know which is the relevant present rule.
  • stevemLS wrote: »
    This letter is out of date, it refers to the CPR (Civil Procedure Rules) and RSC (Rules of the Supreme Court) which were amalgamated years ago. Rule 2 of the present CPR is of no relevance. Unfortunately I don't know what they are driving at so I don't know which is the relevant present rule.

    apologies for my mistake with the letter. as i previously said i found the letter on a bailiff help website had no way of knowing it was out of date / not relevant as i dont know much about these issues and i was just trying to help and pointed out at the time that the letter had come from another website . i have deleted the letter on the grounds that i was incorrect . sorry .
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