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Dcb Bailiff

I had a dispute for a debt of 9k being claimed. The debtor approached small claimed court. The claim form stated that Particulars of claim will be served within 14 days. I acknowledged the claim and was under the impression that I had to wait for particulars prior to challenging it further. To my surprise the ccj was issued by default, I immediately raised form n244 and as told by the court that it will stay all enforcement action.

to my surprise after a month a bailiff from DCBL visited my residence and claimed writ of control was issued and demanded 11k.

The bailiff only showed me the copy of the writ on a mobile device and did not have a copy of it. The bailiff claimed repeated letters had been send to my address demanding payment. I called the police but they also didn’t assist. I never received any letter from the bailiff. I paid them 5k under duress.

Only after making the payment I realised that the writ of control was not addressed to my but to the concierge at a business address. I raised a formal complaint against DCBL. Dcbl did not agree to the complaint and in response has now produced 5 letters addressed on the same date to separate addresses linked to me. I have access to the addresses and was surprised that not even 1 of them reached me. They have failed to provide any evidence of the letters having been posted to me or any reminder being send.

I have now obtained a high court order to stay the writ of control.

DCBL charge circa 10% commission on recovery and it appears that they simply do not post notices for high value claim and just land up to extract funds.

I am certain that the CCJ will be set aside but that still leaves recovery of funds from DCBL. I will be grateful on guidance on any experience of successfully recovery of the funds from the bailiff.

Comments

  • ManyWays
    ManyWays Posts: 2,515 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper

    I acknowledged the claim and was under the impression that I had to wait for particulars prior to challenging it further.

    If you did not submit a defence, you may have a problem.

    I suggest you urgently call Business Debtline on 0800 197 6026. See https://businessdebtline.org/. They cover advice on personal and business debts for the self employed and people with small limited companies.

  • sourcrates
    sourcrates Posts: 32,879 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 25 July at 1:30PM

    Moved from the Bankruptcy board.

    Even with a writ of control, DCBL cannot enter private property unless through an unlocked door, if you let them in, then they can now return at any time to execute the writ, keeping them outside, and not allowing them entry is the preferred option, and stops them dead.

    Having said that, if you didn`t submit a defence, then I agree with manyways, you may have a problem with this.

    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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