Please Please Please help!

[badger123]

So today a bailiff came. I don't know if he was acting as a bailiff or just debt recovery. There is no CCJ in place on this debt.
He was from DCBL. He was wearing a vest with CCTV on it. He got out of his car and took pictures of the two cars on the drive which don't belong to the debtor.
I said the debtor was out and the cars belonged to me and he could contact DVLA to prove it. He just shrugged and laughed. He said he was a bailiff. He asked about the debtor. I said he was here temporarily having been made homeless. He asked if he still had a base in X and I said no that was in receivership. He said he needed to contact him extremely urgently and he would be back.
To me it feels like he is acting like a Bailiff without having the court paper work to back him up. Is that allowed?
I need to know what to do when he calls again. He needs to send it back to the creditor who needs to go to court.
How though do I get the Bailiff off my doorstep? Its very scary and intimidating and the kids were petrified. He looked like a policeman in a flack jacket!

[R0b]

Hello

What exactly is the resolution you want?

If he said he was a bailiff and nothing else then it is not unreasonable to think that he was acting in that capacity. Of course if he was then he would have had the necessary court papers and powers so it sounds like he was leading you on pretending to act in a particular capacity when he wasn't - that's misleading and doesn't surprise me.

If you aren't the debtor then you could make a complaint to DCBL explaining the situation and what happened, that the person had told you that he was a bailiff. He did/did not show any identification or provide any paperwork or the basis on which he entered your property when challenged, particularly having stated that he was a bailiff. Given that he turned around and drove off, it is clear that he wasn't acting in the capacity of a bailiff and was therefore making a false representation.

You could also make a subject access request separately for the video footage of the time in question, though I suspect that they will say no video footage was available or that it wasn't turned on in which case that again could suggest the bailiff deliberately didn't turn on the body camera because he knew that he would be caught out. Might be worth including in the letter that you've also sent a copy to High Court Enforcement Officers' Association (complaints@hceoa.org.uk). To round it off, you could say that the bailiff and any other bailiff instructed by DCBL have no permission to enter your property unless they are entitled to do so under any law, regulation or court order. Otherwise they will be treated as trespassers and you reserve the right to bring an action against DCBL and/or the bailiff(s).

If you have the debtor living there then expect some court papers to that address at some point or if a bailiff turns up out of the blue with a warrant, then the debtor will have a record of the fact that the bailiff was aware of his current whereabouts and the creditor should have known so the debtor would have grounds to set aside any judgment/enforcement action.

[badger123]

So it was quite scary. I live really remotely so I have no where to run for help within a 15 mile radius. He said he would be back. (my car alarm went off at 5.30am - its the first time in 3 years its ever gone off and I put two and two together of course ..... but no clamp and car still there so all good) I guess my question is if he keeps coming back and back and back and still doesn't have court paperwork, how does that get stopped? Their website is quite intimidating in itself about logging assets and building up profiles when all my friend has here is an old vito van that got him here from London and is now nearly expired at the effort it took.

The thing is I don't think the Creditor will take it to court. He is a director of a company. He said he was lending my friend 'his' money but it then came from the accounts of a limited company as 'research and development' money yet the agreement is in the name of a different company that shows as dormant at companies house now and back when the money was lent. The company who paid the money to him instructed DCBL but they are not a contractual party to the agreement. The Bailiff gave me a copy of the contract yesterday between my friend and the dormant company instead. The Director also sent an email a week or so ago saying the people behind him wanted their money back. So a company limited by share has lent money when its Dormant and submitting dormant accounts to a private individual, paid it through a different company where there are more than just one Director and its unsecured for 140k but they want to recover £280k and I'm wondering why anyone would lend that money in that way. We cant work out if its a regulated agreement or not. Its been drawn up without lawyers. It wasn't for a business purpose. As I said its all a bit scary.

[efpom]

Look up County Court Act - I think s.135

[badger123]

Ok and is that enough to put the fear of God into them and send them off?

[efpom]

I cannot answer your last question, but if you are frightened, then ask the police to attend.

You are running two threads on the same issue. It might be worthwhile asking the administrators to merge into one thread.