bailiffs and distress warrants

[nanageegee]

Hi guys
I have just come across this site while trying to find out my rights after having a visit by some very nasty baliffs.

I am disabled physically. My name 12 years ago was Winston (Surname changed but your will get the gist) I had it changed by deed poll and haven't used that name since my new name is Winston-Barrat. (surname)

These baliffs arrived last week whilst I was at work. They asked for Mrs Winston. My daugter told them I wasn't called that. but Winston-Barrat.

They guy gave her a letter. I rang him the following day. I could not work out what was written on the letter he told me it was a fine for not having a TV licence. I tol him I did have a TV licence in the name of Winston-Barrat. I was not Mrs Winston. He said he would ring the court and get back to me. No phone call.

Today at 5-45 two hence men turned up with a distress warrant in the Name of Winston. I told him I was not Winston. but Winston barrat. to cut a long story short they broke into my back garden. I called the police and guess what the police let them in!!! luckily my other daughter came to the rescue with £400. I have no idea how much the fine was because I always dump any letter with Mrs Winston as they are junk mail because I do not use that name nor have done for over 12 years.

My younger did till them I was disabled but that didn't make a difference. I should the police my licence I also showed them direct debits for previous licences. what rights if anything do I have?

[Guest]

Re: baliffs and distress warrants

Which firm of bailiffs was it that visited you?

Take a look here Legal Beagles Consumer Forum then once you have read that and have the details of the firm who sent their bailiffs, you need to write to them, with a letter you can find at this link, modified for your particular circumstances. If you like, post it here first for comment.

[nanageegee]

Re: baliffs and distress warrants

Marston's. I forgot to say he refused to let me see the warrant saying I couldn't under the data protection act!!
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Thanks cetelco, I am right in assuming you mean the SAR? The more I read the more confused I am getting. Will get on to it right away. Is it worth me trying to contact the court to find out what is going on?
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[FONT='Verdana','sans-serif']Dear Sir/Madam[/font]

[FONT='Verdana','sans-serif']Data Protection Act 1998 Subject Access Request[/font][FONT='Verdana','sans-serif'][/font]

[FONT='Verdana','sans-serif']
I was visited by (Mr Grecson) on (4th August 2010) and was pressured into paying the sum of £400 for an alleged debt in the name of Xxxx Xxxxxxxx.

The bailiffs did not provide any written authorisation that they were acting on behalf of the council/authority. Their approach was to bully me into paying. I told them I was not called Xxxx Xxxxxxxx. but Xxxx Xxxxxxxx changed by deed poll for the last 12 years. I asked to see the warrant they refused citeing the data protection act. I told him I was disabled and could not cope with this. their response was that they were in possession of a warrant to enter my house by any means and would take goods and I would have further fees to pay. I called the police as I was terrified. Eventually two female officers came and I showed the officers my TV licence and direct debit payments for previous licences. They let the bailiffs in. At this point, not knowing the procedure and my rights, I paid, although I was not shown a warrant.

Accordingly, kindly provide full and complete copies of any and all data you hold which relates to me and my entire history with your company. I have enclosed the statutory maximum of £10.

For the avoidance of doubt, take note that the enclosed cheque is payment for the fee relating to my Subject Access Request only and not a payment of any other kind or to be used for any other purpose. If you do not require a fee in order to process my Subject Access Request then kindly return or destroy my cheque.

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I may have had or may still have with your company.

1. Computer screen notes relating to the conduct of my account
2. Computer screen notes relating to transactions that have gone through my account
3. Internal messages or notes relating to the conduct of my account
4. Internal messages or notes relating to transactions that have gone through my account
5. Recordings of any telephone conversations, whether internal or external, relating to my account
6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account
7. Copies of letters relating to my account
8. All information relating to litigation that has taken place on my account
9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item
10. Copies of all reviews conducted relating to my account
11. For any cost which relates to an attendance fee, kindly state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the relevant bailiff obtained his or her certificate
12. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit
13. Copies of any and all documentation issued to me or left at my property after each visit was made including details of the date and precise time of the visit and the charges incurred; this must include the name of the bailiffs who attended

I trust that the above is clear and should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel.

As detailed above, I have enclosed the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you visited me at and at which your bailiffs relieved me of the sum of £400.

Yours faithfully


but I am not sure what this will do?
[/font]

[Shepherdess]

Re: bailiffs and distress warrants

Hi Nanageegee,
It's intended to make them reveal all the info they hold about you, and so that you know what you're dealing with and can then contest it and make formal complaints.

If that's your real name in the letter you need to edit it asap

kind regards,

Shepherdess x