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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    the man may well be a bailiff , however to use this power as opposed to a simple debt collector , the case must have been to court and a default or you loosing in court (county court) and failing to pay with the required time

    if this is not the case then the person is demanding monies with no rights or power

    Bailiffs cannot normally just turn up unexpectedly over a ccj.

    The claimant must first get an enforcement order from the court, in which case the defendant is forewarned long before the bailiffs actually come knocking!
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    correct , this is totally wrong acting as bailiff , on an untried case
  • Also go to the Police and report the man for Impersonating a Bailiff, be very clear and show them the attendance note and say you are being phoned and intimidated, as if this man is a bailiff, which is against the law. Police might not be helpful but try all these avenues. - Coupon Mad's advice.

    I will add to this. Also make a complaint of harassment to the police. The Protection from Harassment Act requires at least 2 acts of harassment so no steps will be taken after one visit, but if they come again you complain again.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • System
    System Posts: 178,412 Community Admin
    10,000 Posts Photogenic Name Dropper
    How about an interim injunction "ex parte" at their cost. Get the paperwork in front of a judge to decide. (Or a threat of an injunction if they want to turn up again)

    See if your local CAB can advise if there is a reasonable belief that this is unlawful harassment. There may be a local solicitor who can advise for free (CAB will have a list) and take it from there.

    If you are on any benefits then there should be a discount available

    https://www.gov.uk/get-help-with-court-fees
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • There's also a possibility it's a complete scam, nothing to do with UKCPS - something along the lines talked about here:

    https://www.langleys.com/news/2016/warning-about-scam-bailiffs
  • System
    System Posts: 178,412 Community Admin
    10,000 Posts Photogenic Name Dropper
    There's also a possibility it's a complete scam, nothing to do with UKCPS - something along the lines talked about here:

    https://www.langleys.com/news/2016/warning-about-scam-bailiffs

    True but it does need investigating by the DVLA. Look how they complained when no-one [formally] told them about UKPC and changing the timestamps. This way at least they have been told and it will be passed onto a Risk Officer.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • It's not harassment (yet) - there have to be at least two incidents. So I think an injunction at this stage would be bound to fail. Report to police. If they turn up again report again. Then write a LBC threatening an injunction if they turn up again. Three strikes and you apply. I can't see them turning up again once you make it clear that this is what you'll do.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • maffb7
    maffb7 Posts: 22 Forumite
    I was online today to citizens advice who advised me to see somebody Face to face and show the letter but they couldn't fit me in all week to see someone about this matter!
    I'm still worried what will happen next so I called the man who posted the letter and asked if I have a CCJ? He said no, but it's in the hands of a solicitor who will get a CCJ and take me to court.
    I told him he had no right coming to my house if he's not a bailiff, he said 'I am a bailiff but I wasn't yesterday.'
    I told him the letter is written and designed to intimidate people into believing your a bailiff and it's illegal.
    I told him I'll be going to the police if he comes to my house again and have him done for harassment.
    So I will wait to see if I get any more letters about it. Will they follow this up? What can I do in the mean time? I'm going to contact citizens advice again see if they can help.
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    you need to contact herbie at bailiffs online , the statement "I was not a bailiff yesterday" is a lie (unless he terminated and was reinstated today)

    yes , they could get a CCJ , however they would have to go to court , you lose and not pay

    the letter you got was demanding money , contact herbie , hopefully this action can be reported and stopped
  • maffb7
    maffb7 Posts: 22 Forumite
    Citizens advice have just called and Weren't very helpful at all! Basically said they're allowed to attend my house and post me a letter. They said I should seek advice about negotiating with them?!
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