Newlyn collected money fraudulantly

[Stevelift]

Hi, I am new here but wanted to ask for advice on what to do next and to make people aware of this.

We were visited this morning by a bailiff from Newlyn with regard to a parking fine. He demanded immediate payment of £650 or my wifes car would be towed away. I did not have the money and told him so whereupon he made a phone call from our front garden to what I assume was his office and my wife & I overheard him call himself Alan, and he asked what he should do next. The paperwork showed the name Simon Draycott as being the bailiff. It was obvious this man was not Simon Draycott so I asked him for his id as he never showed us any. His id had the name of Draycott on it with this man Alans photo. Also it said the certificate was issued in Northampton but I checked on Simon Draycott and his certificate was issued in Uxbridge. The id was very worn and did not look bona fide.

He made further calls addressing himself as Alan before informing me a towtruck was on its way. The truck arrived and I had to call a freind to ask him to lend me the money and he offered to pay with his credit card. Again he phoned his office with the card details calling himself Alan. He came off the phone and said he could not accept the card by phone because it could be charged back so he needed to physically have the card to put through a machine. I had to tell him where my friend worked (fortunately local) and he went off leaving no paperwork at all. While he was gone the truck driver was waiting at our property for the ok from the bailiff.

I casually spoke to the driver to see if he would confirm the bailiffs name and in conversation I just said "so are you waiting for Alan to confirm its been paid? it is Alan Isn't it?" wherupon he confirmed that it was. The man Alan is very easily recognisable due to his size (obese), we also have details of the van he was in and my friend who paid would easily identify him again.

I told the driver that I knew the bailiff was not who he said he was and he said he could not comment. But as I walked away from the truck he wound up his window and immediately made a phone call.

It would be interesting to know where the real Simon Draycott was this morning. He must have been seeing somebody somewhere else.

Sorry about the long story but the details are important.

[naruto0822]

Re: Newlyn collected money fraudulantly

Hi, I am new here but wanted to ask for advice on what to do next and to make people aware of this.

We were visited this morning by a bailiff from Newlyn with regard to a parking fine. He demanded immediate payment of £650 or my wifes car would be towed away. I did not have the money and told him so whereupon he made a phone call from our front garden to what I assume was his office and my wife & I overheard him call himself Alan, and he asked what he should do next. The paperwork showed the name Simon Draycott as being the bailiff. It was obvious this man was not Simon Draycott so I asked him for his id as he never showed us any. His id had the name of Draycott on it with this man Alans photo. Also it said the certificate was issued in Northampton but I checked on Simon Draycott and his certificate was issued in Uxbridge. The id was very worn and did not look bona fide.

He made further calls addressing himself as Alan before informing me a towtruck was on its way. The truck arrived and I had to call a freind to ask him to lend me the money and he offered to pay with his credit card. Again he phoned his office with the card details calling himself Alan. He came off the phone and said he could not accept the card by phone because it could be charged back so he needed to physically have the card to put through a machine. I had to tell him where my friend worked (fortunately local) and he went off leaving no paperwork at all. While he was gone the truck driver was waiting at our property for the ok from the bailiff.

I casually spoke to the driver to see if he would confirm the bailiffs name and in conversation I just said "so are you waiting for Alan to confirm its been paid? it is Alan Isn't it?" wherupon he confirmed that it was. The man Alan is very easily recognisable due to his size (obese), we also have details of the van he was in and my friend who paid would easily identify him again.

I told the driver that I knew the bailiff was not who he said he was and he said he could not comment. But as I walked away from the truck he wound up his window and immediately made a phone call.

It would be interesting to know where the real Simon Draycott was this morning. He must have been seeing somebody somewhere else.

Sorry about the long story but the details are important.

Did they took your car?

[Jester]

Re: Newlyn collected money fraudulantly

That sounds like Fraud and Misrepresentation to me, but I am no expert on that aspect of the law.

If I was in your shoes I'd have called the Police as they would soon have ascertained his true identity. If his ID was false then I would imagine they would have had grounds for arresting this man.

I would think you need to make a formal complaint to the court about this.

However, Amy is the expert on Bailiffs and am sure she will be around presently to advise you further of what your rights are and what your next steps should be.

As you were asked previously, was your car taken ?

[tiggiedapuss]

Re: Newlyn collected money fraudulantly

I Suggest U Go To The Credit Services Assoication Website And File A Complaint Against The Bailiff Company Providing They Are A Member Of It

[Amy]

Re: Newlyn collected money fraudulantly

The Credit Services Association has no legal standing. If you report a participating company to the Credit Services Association, then all they will do is investigate that company for a breach of their own code of practice.

Essentially the CSA work for "companies active in relation to unpaid credit accounts; debt recovery agencies, tracing and allied professional services that has a history dating back to 1902."


Given that the code itself is rather vague, what punishment is meted out to a company breaking the code?

CSA Code of Practice:

CSA members must adhere to our code of practice. Our code is now the benchmark for Best Practice in the industry, assuring quality and professionalism in the services members provide.

Members should:

Conduct business lawfully
Conduct dealings with debtors in a fair and reasonable manner
Maintain a high standard of business practice
Compete in a fair and reasonable manner
Ensure all staff are provided with adequate training
Not discriminate
Protect the reputation of clients
Remit monies collected regularly to clients
Not knowingly misrepresent qualifications, experience and abilities
Handle debt cases in a fair and reasonable manner

[ratta1510]

Re: Newlyn collected money fraudulantly

Similar situation, but in my case, a man (not the bailliff) came in the middle of the night 12:15am to be precise, clamped the car while the bailliff was tucked asleep in bed!

I managed to catch him in the act being a light sleeper. I heard a rattling and clanking noise outside and due to a previous car theft of my neighbour’s car went to see what was happening.
I startled the man, who then went on to inform me that he was clamping the car due to a parking fine issued by a different council to what I later found out to be! . I was told to call the bailiff for further information.


He only gave me the sticker that he was supposed to put on the driver’s side window, which had the name of the Bailiffs (Newlyn), with a mobile number but no reference number to indicate what it was all about. I many attempts to contact him on that number, but he refused to take call and when he eventually took my call at 1:08am, he told me that it was related to a Harrow parking fine and “it was too late in the night and cannot go to get his paperwork and that I should call back in the morning. I work in 20miles away from home and leave at 6:15 to start work at 7:00 and need a car to get to my place of employment. If he knocked my door that morning instead of getting someone to clamp my car, something would have been sorted out. I had to borrow my neighbour’s car to get to work that day, since the Bailiff did not answer any of mycalls till 8 o’clock ! It was then he went on to explain what the fine was.

I understand and fully appreciate the fact that they have a duty of care to recover the alleged fine, but not in that manner. I paid over the telephone £535.16 – no receipt, nor any reference for their case and am still unable to understand what it was for, because I was told to pay and that was all there was to it!!

I had to pay him over the phoe and the only thing was, he only put the credit card transaction slips through the letterbox and to this day, have received no receipt or breakdown of fees, nor their reference number!!!

Finally, not rattling on too much, but the same bailiffs visited my house on behalf of Tower Hamlets for someone else that never lived at my address!! In that case, they sent ALL necessary documents and procedures were followed to which we had contacted them to prove that that person never lived at my address. If I could chase that, it will be sucidal not to deal with mine!!!!!

[Amy]

Re: Newlyn collected money fraudulantly

Have you ever sent the bailiffs a Subject Access Request?