bailiff harrassmet

[leighvan]

what can i do about a debt collector,and store manager demanding and harrassing me at my front door for goods,demanding payments,and phoning my phone about 20times a day from 8am untill 5:30pm.The store manager has been out to my address twice this week banging on my door,drawing attention from the neighbours,which is very embarrassing,i have just had a baby on 30/01/2012. and also have a 2yr old in my property,and feel very scared and distressed,i am a sufferer of post traumatic stress and suffer from anxity attacks..and they are making it worse,i have told them when i feel back to my normal self i will call into the store and make a payment,i have never in 12mths missed a payment with them.i told them this,but they just keep demanding money off me. what can i do ?

[Guest]

Re: bailiff harrassmet

If this is causing you undue disctress then you need to contact police. He commits an offence under Section 2 of the Protection from Harassment Act 1997 and possibly Section 1 of the Mallicious Communications Act 1988

[NAME OF POLICE AUTHORITY]
[ADDRESS]
[AND POSTCODE]

[DATE]

Dear sir,

REF: Reporting an offence under the Protection from Harassment Act 1997

I received numerous visits and telephone calls from a person who said his name is Mr. [NAME OF PERSON] and claiming to be a [DEBT COLLECTOR STORE MANAGER ETC] on [DATE] intending to obtain money [I do not owe].

GIVE A LIST OF EVENTS, TIMES AND WHAT HAPPPENED, AND HOW MUCH WAS DEMANDED ON EACH VISIT, SAY WHAT THREATS WERE MADE IF YOU DID NOT CONCEDE TO HIS DEMANDS.

LIST ALL TELEPHONE CALLS WITH THEIR DATES AND TIMES, RECORD THEM.

SAY HOW IT IS DISTRESSING YOUR CHILDREN AND FAMILY, SLEEPLESS NIGHTS, HUMILIATION WITH NEIGHBOURS ETC.

Mr. [NAME OF PERSON] has made repeated demands for money and I understand his action amounts to harassment under Section 2 of the Protection from Harassment Act 1997 and section 1 of the Malicious Communicaitons Act 1988.

I wish to make a written statement of complaint on a statement form, please telephone me on [NUMBER] to arrange an appointment for me to attend the station and I am happy to stand as a prosecution witness at trial.

Yours Faithfully

[YOUR NAME]

[SpringerSpaniel]

Re: bailiff harrassmet

You can also seek a civil injunction restraining the harrasment, there are some other threads which describe how to do this.

[Guest]

Re: bailiff harrassmet

That is a logical route but I didn't mention it because the OP appears to be using a weekly payment store and that indicated someone on a low income. Form EX160 application for fee remission doesn't cover injunctions unless its a case involving violence and has a police crime number.

[teaboy2]

Re: bailiff harrassmet

You can also write to them informing them - should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and any necessary action will be taken.

Then you can sue them for tort of trespass aswell as harassment. Right down all the dates in which they have visited you and log all future phone calls by time and date as you can use that as evidence of their harassment. Also send the letter recorded delivery that way it will need to be signed, and send a copy to both the Debt Collector (hes not a bailiff unless they are acting on a court order and are registered as a bailiff).

[bluebottle]

Re: bailiff harrassmet

Hi Leighvan,

Firstly, why are these cretins banging on your front door and ringing you up to 20 times a day?

They are certainly in breach of Section 2, Protection from Harassment Act 1997. With the history of this matter, you probably have a case for seeking an injunction under Section 3, Protection from Harassment Act 1997.

Next time this store manager shows up, shouting and banging on your front door, dial 999 and call the police. What he is doing amounts to a Common Law Breach of the Peace, especially if he is making threats as well. He may also be committing an offence under Section 4A(1) and/or Section 5(1), Criminal Justice and Public Order Act 1994. As a retired policeman, I feel that Section 5, Criminal Justice and Public Order Act 1994 is the most likely the police would plump for as it is fairly easy to prove and seems to be the most appropriate in your case.

[labman]

Re: bailiff harrassmet

I'm with Bluebottle here - just phone 999 if it happens again, and if you're able, try to get audio and video evidence to back up what you're saying in case they go before the police arrive.