Further advice and issues with bailiff

Sg1642

After dealings with a bailiff who is refusing to let me enter a payment plan something has come to my attention. The bailiff asked me on the off chance if I work in a local facility and I said yes why? He then asked if I know a 'mr smith' (we shall know him as) and said he had been trying to track him down. Since then upon prompting him via text to see what information he would give I have been sent his name, what he owes the debt for, how much he owes and his reference number. I didn't know this guy from tom !!!! or harry as he no longer works there (I made this clear in the beginning but 'agreed to help') but I have since tracked him down at his new place of work (same organisation just a different area). Is this not a breach of data protection and without sounding too much of a sneak (feel like one but its christmas next month and I have 3 kids) is that not something that might make him 'reconsider' a payment plan given the fact I've saved all the messages? Obviously mr smith isn't too happy either and we both feel this could work in our favour?

Karonher

By prompting him do you mean you lied and said you were Mr Smith?

If so, do you think the bailiff is going to trust you not to report him anyway?

Sg1642

No not at all I mean I simply asked him.

-taff

So you're asking have you got a snowballs chance of blackmailing the bailiff?

Sg1642

Wouldn't be the first time they have blackmailed someone would it?

National_Debtline

Hi

Providing someone else’s debt details would be a breach of Data Protection and should be reported to the relevant court/regulatory body/trade association.

In terms of coming to an arrangement, some bailiffs don’t necessarily have as much power as some people imagine anyway. What type of debt is the bailiff collecting from you and has he been inside your home or taken control of any of you belongings yet?


EDIT - Since posting I've noticed that you've received advice on dealing with the bailiff matter itself in another thread.

James
@natdebtline

MrsTinks

The short answer is that you shouldn't try to blackmail the bailiff.
Arguably you shouldn't report him either as you are trying to get him to still cut you some slack and he's so far been fairly cool about things that legally he did not need to be. If you or Mr Smith report him then exactly why would he not use every option open to him to recover your wife's debt?

Should he be reported? Yes, hand on heart he should. Is it in your interest to do so? Probably not.

Should you try and use the situation to your advantage and blackmail him? Does two wrongs make a right and oh... legal matter there...

More importantly - as the daughter of a military family... Let me wear my poppy with pride and not feel shame that people I hold in the highest regard would ask about blackmailing someone! Just about the saddest thing I have read today

Sg1642

Well I can see your point but this isn't a case of me trying to extort money out of an old lady here or something like that it's me trying to solve an issue that is effecting my family and more importantly my children. it's not that I don't want to pay the outstanding it's that I can't afford to. Where my kids are concerned I'm happy to be nasty, ruthless or anything in between. Boasting by text that he clears £1000 a week? Yeah and part of that will be from money I could have spent on my kids and money I have to spend time away from them to earn just to line his pockets? Clearly states in the national guidlines that an agent who is confronted with a vulnerable person should not add extra fees until they have had a chance to get support. He charged an ill, unemployed mother more than £300 just for knocking on the door. Then had the cheek to try and not only rub her husband's face in it but tried to get him to do his dirty work for him. So far he has been fairly cool about things yeah but he is still quite happy to ask someone for money they don't have.

MrsTinks

Blackmail is still however blackmail.

I don't have any sympathy for the bailiff if he has acted unprofessionally, or in general. But ultimately what you are asking about probably still amounts to blackmail. Take 2 seconds to contemplate the implications of that on your forces career...

The bailiffs fee isn't set by him, the work he has to put into retrieving the money will be more than turning up - he's already spent time talking to you about how to try and solve this - gave you time to check out what was going on on your return and hasn't tried to take possession of anything yet.
As for being a vulnerable person then it may or may not have been obvious to him that she was ill - having children is usually not a reason by it self, and the charges would not be down to him to waiver at this stage but the office he works for.

I think he's been horrendously unprofessional and he's breached the Data Protection Act (which is a huge no-no to me!) - yes he should be reported. My concern is that if you do so then why would he keep working with you as much as he has? As for the payment plan - if you can make a lump payment and a plan for the rest then it's likely his office or he will accept this.

And his entire job is about 90% of the time asking people for money they don't have but it has been determined (not by him) that they owe.

Blackmail however remains blackmail.

Sg1642

Regarding your wearing of a poppy I am glad you wear it with pride and you should always continue to do so regardless of what me or anyone else may say, do or think.

MrsTinks

Sg1642 wrote: »

Regarding your wearing of a poppy I am glad you wear it with pride and you should always continue to do so regardless of what me or anyone else may say, do or think.

My grandfather was in the danish resistance, my stepfather served his whole life in the navy until he retired (from age 15 - they were less picky then) and I've lived a forces life since I can remember - I will always wear it with pride

And differences of opinion on THIS aside - thank you for your service. (I never understood why they understand the concept of thanking people for their service in the US but apparently not in the UK? baffling!)