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Bailiff Action.

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  • Bailiff Action.

    Im new to this site but feel I now must request some specific advice. Please bear with this lengthy post but I feel it necessary to put into perspective the events.

    Earlier this year I received a Notice of Enforcement for an outstanding parking ticket. Genuine personal reasons had meant the parking fine hadn't been paid. My fault entirely. I nevertheless made a payment online for the N of E for £83.00 in early September and thought that was the end of it. Two weeks ago (Saturday) I received a telephone call from 'bailiff' saying he was 20 minutes from me and was coming to collect in excess of £300 for their fees. I told him the matter was paid but he said it wasn't and he was on his way. If I didnt have the money I should start ringing around for someone who could loan me it !!. I duly awaited his arrival but he didn't turn up. I rang the office on the Monday morning, noticing that I hadn't paid the 'compliance fee of £75 when I made the online payment. I spoke to the office and offered to pay but they told me it was with the Bailiff and nothing they could do, but he had recorded no visit on the file at that point.
    The following day (Tuesday) the Bailiff rang again insisting on my paying the £310 'or he was coming back'. I told him that he hadn't been in the first place despite his threats to call as (1) I had witnesses (2) no paperwork had been left. He said he didn't need to leave paperwork and said he had been at 6.30am on the Saturday. He was unable to explain why he had called me in the afternoon. The call was terminated.

    I was then expecting a letter or something from the firm. Nothing came.

    Now, here's where it raises things somewhat and for what I require advice. At 06.10 on Saturday (24th) I was preparing to catch a train at 07.20 to London to visit my son-in-law who is terminally ill with brain cancer and has a very short time to live.
    There was a knock on the door from a guy who IDd himself as a bailiff. I was talking to him through the door and a second operative appeared behind me having entered through the patio doors. As he was in a let both of them in. I disputed the debt but to no avail. The guy said that he was here to take possession of goods to the amount (still no paperwork) and he would start with my car parked outside. I told him that it was on finance and the tool of my trade but he said under new rules it didn't matter he was still going to take it. He then went on to say "Got loads of nice stuff here haven't you",. I asked them to leave but he then switched his camera on saying "Subject is being very aggressive". He continued to switch his camera on and off saying each time I was being "aggressive". I wasn't, I'm 64 and standing there in a dressing gown -couldn't have been less aggressive if I wanted to be. They could see my packed travel bag but wouldn't accept that I had to dress and leave to be on a pre-booked train
    They refused to leave and I was then in a position of continuing arguing and them clamping my vehicle (or worse recovering it) so I paid the amount he asked for on my Credit Card saying that I was ONLY PAYING IT UNDER DURESS as I had a train to catch for the reasons stated and I asked him to record that. They took the payment and left, still leaving me no paperwork.

    The vehicle, in addition to being on finance, is also used to transport my partner who is disabled but I never thought to recover the badge from the car under the circumstances of intimidation I felt during the visit.

    What do I do now ?., Do I rescind the CC payment and take this further ? Can I take it further ? What I don't want is these guys returning when my partner is there alone (we live very rural with no lights etc)
    I'm more than happy to say all what Ive said here in an Affidavit as I know these guys are lying in what they're saying.
    Help !!
    Tags: None

  • #2
    Tagging ploddertom for you.

    Notice of Enforcement for an outstanding parking ticket. Genuine personal reasons had meant the parking fine hadn't been paid. My fault entirely. I nevertheless made a payment online for the N of E for £83.00 in early September and thought that was the end of it.
    I rang the office on the Monday morning, noticing that I hadn't paid the 'compliance fee of £75 when I made the online payment. I spoke to the office and offered to pay but they told me it was with the Bailiff and nothing they could do, but he had recorded no visit on the file at that point.
    You then spoke to the bailiff and offered to pay the £75 but he said he had visited ( although there is no evidence of this ) and you now owed £310 ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Amethyst.
      Yes., exactly. When I said that I had waited in for him he then changed tack and said he'd called earlier that day at 06.30. He hadn't. I had witnesses here who would confirm he hadn't and I would have thought he'd have left paperwork. He said he didn't have to leave paperwork.

      Comment


      • #4
        Doesn't suprise me.

        I don't like that his mate came in through the patio doors either, I suppose it is classed as an open door, but that would have given me a sodding heart attack.... anyway hopefully ploddertom will pop his head in and confirm what the rules are and how best to go about trying to get some of that money back - presumably a formal complaint will be in order.

        You might feel like contributing to the call for evidence consulation as well - https://consult.justice.gov.uk/digit...iliff-reforms/ ... first question
        1. Have you, or somebody you know, had experience of action by an enforcement agent in the last 12 months?
        then
        1d. How did the enforcement agency/agent behave during the enforcement process?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          OK what is done is done but at least having paid you are under no fear of the dreaded knock on the door and can take your time gathering what we can and hope you can get something back. Whatever you do don't do a chargeback on your card as that will only end up costing you more.

          I assume this is a Council PCN and you did know about it, is it for the Council area you live in? How many letters etc did you receive from the Council about all of this? When exactly did you receive the Notice of Enforcement and which Enforcement Co is it from? Have you received any further letters from them?

          Comment


          • #6
            OK. Its not for the council I live in. Letters., one reminder from the council, then the Notice of Enforcement from the Bailiff. Received in May but remained in post unopened whilst I was back and forward to London for the reasons explained in my original post. I fully realise that I am at fault in not paying and when I opened my mail in September I paid it immediately. After the phone call from the bailiff I spoke to his office and they confirmed that there was "no visit marked on the file", yet still wouldn't let me pay it as the "bailiff doesn't work for us and is self employed" so there was nothing they could do. They say the usual that all their calls are recorded etc etc., No further correspondence whatsoever, nor a receipt. Marstons is the company concerned.

            Comment


            • #7
              I'm concerned a bit of only 1 reminder from the Council. I would have thought you should have received a Notice to Owner, then a Charge Certificate or an Order for Recovery - this is all before you received anything from the Bailiffs. It does sound to me that they refused your offer of paying the Compliance Fee so that instead they could make a visit to charge an Enforcement Fee of £235. I would suggest you send Marstons a SAR to see what they have and also contact the Council to find out when & where all the missing documentation went to - you could excuse 1 missing letter but not 3.

              Comment


              • #8
                Originally posted by ploddertom View Post
                I'm concerned a bit of only 1 reminder from the Council. I would have thought you should have received a Notice to Owner, then a Charge Certificate or an Order for Recovery - this is all before you received anything from the Bailiffs. It does sound to me that they refused your offer of paying the Compliance Fee so that instead they could make a visit to charge an Enforcement Fee of £235. I would suggest you send Marstons a SAR to see what they have and also contact the Council to find out when & where all the missing documentation went to - you could excuse 1 missing letter but not 3.
                I've checked all mail. Only the one 'reminder'.Notice to owner.
                thanks Ploddertom. What do I do when I get a response to the SAR?

                I am curious as to how he got my mobile phone number upon which to ring me...

                I envisage this bully continuing with his tactics until he's stopped

                Comment


                • #9
                  If you send Marstons a SAR then under the new rules they have 30 days to respond and the cost is now £0. When & if received then we can have a look and see how & when they handled this - it should give times and you should also be asking for any BWV footage and phonecalls. It should give a breakdown of all the fees charged and at what point they were made. There is a lot of mileage in this yet particularly with the mistakes they have so far made.

                  The same applies with the Council as you need to establish where the rest of the documentation disappeared to.

                  Comment


                  • #10
                    You obviously have his name - have you checked to make sure he is suitably Certificated https://certificatedbailiffs.justice.gov.uk/ - as for your mobile then not a clue unfortunately.

                    Comment


                    • #11
                      Originally posted by ploddertom View Post
                      You obviously have his name - have you checked to make sure he is suitably Certificated https://certificatedbailiffs.justice.gov.uk/ - as for your mobile then not a clue unfortunately.
                      Only have the surname but it tallies. Employed with Marstons

                      Comment


                      • #12
                        SAR letter sent.

                        Comment


                        • #13
                          If sent by post did you get a Certificate of Posting from the Post Office? If not I would suggest you send the same via email with a line on the bottom that says similar to: "A copy of this email has also been sent as a hard copy through the post".

                          Comment


                          • #14
                            Sent recorded, signed for.

                            Comment


                            • #15
                              Copy also sent to their Registered Office, Just to backstop

                              Comment

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